Colorado Social Security Law Rotating Header Image

Can children get Social Security benefits because of disabled parent?


If an individual is disabled and entitled to Social Security Title 2 benefits – also called Disability Insurance benefits, his or her minor children can also receive benefits from Social Security.  

These benefits are called “auxiliary benefits” by Social Security.

It is important to remember that auxiliary benefits are only available if the disabled parent (disabled mother or disabled father) is receiving Disability Insurance benefits.  There are no auxiliary benefits when the disable parent is receiving Social Security Title 16 Supplemental Security Income (SSI) benefits.

Other than the parent being disabled, what else do you need to receive children’s benefits?

This is governed by 20 CFR 404.350 “Who is entitled to children’s benefits”

(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if-

(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;
(2) You are dependent on the insured, as defined in §§404.360 through 404.365;
(3) You apply;
(4) You are unmarried; and
(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in §404.367.

So, if you are disabled, receiving Disability Insurance benefits from Social Security, and have an unmarried child under 18, they should already be receiving children’s benefits.  If not, apply for them.

Related Articles:

  • april
    I am the custodial parent who takes care of the child and the other parent is getting disability benefits cause he is unable to work. he is ordered to pay child support off $301 a month to me for our child. but I believe his parent are in charge of his disability benefits as he is not able to manage his money. how can I pursue this??
  • It depends on what you are asking.

    If dad is disabled and receiving SSDI which results in the child being eligible for auxiliary benefits, and dad is receiving the auxiliary benefits for the child, BUT the child lives with mom, mom pays the child's expenses and mom has custody, then it would seem reasonable to ask Social Security to have the auxiliary benefits sent to mom on behalf of the child.

    If mom is trying to get dad to pay child support out of dad's disability benefits, then you are basically asking if mom can garnish dad's disability benefits to pay the child support. I do not deal with this issue because it is more of a family law matter.

    According to Tim Moore though, Title 2 Disability Insurance benefits can be garnished for child support, while Title 16 Supplemental Security Income (SSI) benefits cannot be garnished. See Tim's post on this here: http://disabilityblogger.blogspot.com/2006/07/c...

    This is general information only and not legal advice. Contact a lawyer for advice on your specific circumstances.
  • JointManConserv
    Im a Disabled non custodial parent in Texas.I received Social Security Benifits since 1998.I learn to my horror that omly the custodial parent could get these benefits for my child it took more than four years too track her down.She finally went to the SS Ofice and began receiving the benifits.But she refused to go to family court,or notifiy the Attorney Generals office.Go to my blog at www.disabledparent.blogspot.com/
  • amanda
    hello , my mother is disabled before i was ever born I was in fostor care for 8 years. I have been recieveing SSI benifits intill i turned 18 . I was told that i was able to recieve these benefits untill i was 21 unless i was a full time student. I was full time untill my benefits were cut so i couldent even afford to get to class. what do i do ?
  • Hi Amanda,

    I tried to contact you via email, but it keeps getting bounced. Hi Amanda,

    This site can only provide general information so I can't tell you what to do. Also, I cannot tell what kind of benefits you were receiving: auxiliary benefits because of a disabled parent (note this would not be SSI) or SSI benefits for your own disability (if any), or benefits based on another Social Security program.

    I encourage you to contact a lawyer in your area to get your questions answered. If you look, you will find someone who will do a free consultation for you.

    All my best.
  • cristy
    i have two children that i have temporary guardianship of, for about 1 year now. is temporary guardianship enough for them to receive benefits from my disability?
  • Hi Christy,

    There is no way to tell based on the information you have provided. Have you contacted Social Security?

    As stated in the article, the very first factor is whether the child is "the insured person’s child, based upon a relationship described in §§404.355 through 404.359"

    Take a look at those regulations. Would the children qualify as your children under any of the requirements in 404.355 through 404.359?

    404.335 http://www.ssa.gov/OP_Home/cfr20/404/404-0355.htm deals with the natural child of the insured.

    404.336 http://www.ssa.gov/OP_Home/cfr20/404/404-0356.htm deals with a legally adopted child.

    404.337 http://www.ssa.gov/OP_Home/cfr20/404/404-0357.htm deals with step children.

    404.338 http://www.ssa.gov/OP_Home/cfr20/404/404-0358.htm deals with grandchildren or step-grandchildren.

    404.339 http://www.ssa.gov/OP_Home/cfr20/404/404-0359.htm deals with equitable adopted children.

    Even if none of these requirements apply, you may still want to talk to someone at Social Security to see if the children might qualify under this or another Social Security program.

    Good Luck!
  • Christine
    If the child of a disabled parent is receiving benefits do they change when the parent dies?
  • That's a good question. Unfortunately, I do not know the answer.

    The types benefits would change (from auxiliary to survivors' benefits), but I do not know if this would impact the amount of the benefits.
  • summersaraceno
    I am a 27 year old female and disabled receiving SSDI, my question is, is my daughter able to receive benefits? If so, how would I go about appling for her and where? And where could I find info on doing this?
  • Minor children are often eligible for "auxiliary benefits." Your local SSA office should be able to take care of this for you.
  • lfb
    I have a stepdaughter whose mother is on disability and is receiving SS for my stepdaughter. We pay her a large amount of child support weekly. Does child support play a role in the amount of SS she receives?
  • meliisa
    I am the custodial parent of the child, and the other parent is getting disability benefits,he is unable to work.He has gotten disability for about 7 years.He pays me child support monthly from his check,My daughter has gotten approved for auxilary benefits.my question they said they can only go back 6 months.Is there any way I can fight this because they should have known he has a daughter his check gets a deduction every month from child support.Would she be able to get more then 6 months of back p auxilary benefits.
  • I don't know. Just out of curiosity, why is Social Security choosing to pay only 6 months of back auxiliary benefits?

    FYI, there is a general requirement that before an individual can receive benefits, they have to apply for them. That may seem obvious but it comes up more often than most people imagine. For example an individual may have been eligible for Social Security for years, but if they only applied last month. Then they may be entitled to benefits either as of the filing date (SSI benefits) or a maximum of 12 months before that date (SSDI benefits).

    I wish you the very best.

    This communication does not form an attorney-client relationship. This communication is not legal advice, nor should it be relied on without obtaining legal advice. No representation is provided without a validly executed fee agreement.  Phew!
  • kelly
    I have legal custody of my two nieces. The father, who happens to be my brother, has been on disability now for 9 months. Can the girls receive auxiliary payments? I applied down at the social security office, and I have a phone interview on September 3rd, is this a good sign? Also will they pay back payments to them?
  • I don't see why not. However, I am rarely involved in auxiliary benefit cases since they are normally automatic (unless there is a paternity issue). Write back and let me know how it turns out.
  • verlynsmith
    Our adopted daughter receives survivors benefits from her deceased biological father. I have recently been approved for SSD and was wondering how Social Security would payout on the disability. There were three months where she was under the age of 16 so payment would go to my spouse. I'm just confused on how this will all play out. My benefits would pay out more than what she gets from her father's benefits.
  • donna
    If disabled, can you still get a check on a child if you do not have custody of that child.
  • Ks_dad
    why would you want to? if you dont have custody you should be paying child support
  • jason
    i am in a wheelchair and i get ssi can my child get ssi to cause i cant work
blog comments powered by Disqus