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.

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About Tomasz Stasiuk

I am a disability attorney in Colorado Springs. 
I founded The Stasiuk Firm on a principle of providing personalized attention to disabled individuals fighting to get their Social Security disability benefits.
This entry was posted in Auxiliary Benefits, Building a Case and tagged . Bookmark the permalink.

63 Responses to Can children get Social Security benefits because of disabled parent?

  1. Joanne123 says:

    My ex husband has recently been granted disability benefits. However, I did not ask for child support when we were divoreced ( 4 ys ago) because I realized he had limited ability to pay child support. However, he told me that as a result of his approved claim, our daughter will soon reciveing benefits despite that fact that he does not have a legal obligation to provide me child support. Is this true and if so, does the money go directly to my daughter vs my ex? BTW, my ex would not transfer the money to her. He would claim he needs it more than her. Your insights would be helpful. Thank you.

  2. Diane says:

    I have two children recieving social security from thier fathers disability, I have moved on and was wondering if that would end if i was to ever remarry

  3. ashleyat says:

    If I think my childs father is receiving SSDI, how can I go about finding our for sure. I believe he is on SSDI and he is keeping the benefits that my child is suppose to be paying. Is there a way to find out if this is happening?????

  4. chuck333 says:

    My single mother died when I was 12 and my sister and I went to live with my father. My disabled sister has received a continuous social security benefit from my mom's contributions. My question is, should I have received a benefit from 12-18 years of age. I am now 43. If this is a benefit I should have received from my moms SS contributions, can I apply for it retroactively. Thanks

  5. Kristen says:

    Hello. I have been receiving SSDI since 2003. At the time of my disability I had 2 children and since that time have had another (2005). I recently moved from Maine to South Carolina and when I called the SS office to change the address I was asked if I had a child. I told them that I in fact, had 3 children. The woman on the phone was surprised because my records with them showed that I was childless. She said that I needed to tell my local office3 about the kids because they were eligible for benefits. I'm not sure why my children were never accounted for when I applied or why I was never informed of this benefit. It has now been 7 years that I have been on disability and have not received auxiliary benefits. My question is, if I apply for benefits now are my children entitled to any backpay? I think about how much we could have used that assistance and feel a little disappointed that I was never privy to that information. How could a mistake like this happen? Thanks for any information!
    Kristen

  6. tinkerbell74605 says:

    If you are the legal guardian then take your papers and your children's social security numbers to your local Social Security Administration and ask for assistance with this matter. Just tell them you would like to see if your children are eligible for benefits due to their father's disability. It helps if you have the father's SSN but not necessary as long as you have the proper paperwork for your children. The children are entitled to half the benefit amount. He would not be getting their benefits unless he committed fraud and said the child(ren) were living with him.

  7. tinkerbell74605 says:

    no

  8. tinkerbell74605 says:

    No, you would receive the benefits as the child lives with you and you would be appointed her payee. You need to go apply at your local Social Security Administration on her behalf. It was kind for him to let you kow although the office most likely would have contacted the legal guardian to let you know the child was eligible.

  9. Pingback: Paternity and childrens Social Security benefits | Colorado Social Security Law

  10. Embracegrace says:

    i know that a child can receive up to half of a disabled parent's benefit. is that based on household income? how is it figured? if it is up to half, in what cases can it be less half?

  11. dd says:

    I just found out that my sons dad was receiving disability for the past 14 yrs and did not mention this to myself or social security office. I have an appoinment soon. Does anyone know if the back pay will go back that far???

  12. keoniab says:

    I just found out that my child was intitled to recieve disability benifits from her father he applyed about a year ago do anyone know will she get back money from when he first applied?

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