28Jan

Can children get Social Security benefits because of disabled parent?

By Tomasz Stasiuk, January 28th, 2009 | Auxiliary Benefits, Building a Case | 230 Comments

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.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

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??
http://www.SocialSecurityInsider.com/ TomaszStasiuk

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 http://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 ?
http://www.SocialSecurityInsider.com/ TomaszStasiuk

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?
http://www.SocialSecurityInsider.com/ TomaszStasiuk

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?
http://www.SocialSecurityInsider.com/ TomaszStasiuk

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?
http://www.SocialSecurityInsider.com/ TomaszStasiuk

Minor children are often eligible for “auxiliary benefits.” Your local SSA office should be able to take care of this for you.
Melissa

My Ex Husband applied for Disability Benefits February 2009 for blindness.

Social Security said he was not legally blind until April 2009, and that benefits would start 5 months from APril 2009.

We have a biological child that I am raising on my own for the last 3 years.

In addition to this child, my Ex remarried July 2008 and the new wife has 2 children.

My Ex placed these step children on his application for disability which is reducing his BIOLOGICAL childs benefit (Maximum family benefit)

Are these step children even eligible to receive any benefit since they were NOT his step children for a full year prior to his applying for social security benefits?

My thoughts are that he married only because he wanted the benefit amount for these children so he could keep more money for himself.
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.
http://www.SocialSecurityInsider.com/ TomaszStasiuk

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?
http://www.SocialSecurityInsider.com/ TomaszStasiuk

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
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

Social Security disability insurance benefits have auxiliary benefits (benefits to spouses and minor children of the disabled individual).

However, Supplemental Security Income (SSI) benefits are only paid to the disabled individual.
lisahash

I currently receive SSDI and my 16 year old son receives half that amount monthly as well. My question is: IF my son begins working….will his benefits automatically decrease or can he earn up to a certain amount monthly before the benefits would be affected? Thank you.
alexander1991

My father receives social security, and so do i because of his disability. I am turning 18 in December, but i am going to college here in the Philippines. If i can show proof that i am going to college (still studying) can i still keep the check that's coming in?
gallimore_54

i draw disability benefits i am also raising a boy age 13 i've had him since he was 6 months old he is not blood kin i have cousity of him can i get help since i do not receive child support
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

Perhaps. Give your local Social Security office a call.
Brittany

My father was receiving ssi and died. Up until then, my brother and I moved around alot and were receiving ssi. Last year, i stopped receiving ssi and I thought that if I continued into school that I would still receive it. Is it possible to be eligible to receive ssi while I am going to college?
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

Brittany, a lot depends on which type of Social Security you were receiving and the reason you were receiving Social Security benefits. While you mention SSI benefits, you do not mention any disability which makes me wonder if it was SSI or another benefit program under Social Security.

To answer your question, can a person in college receive Social Security? Sure. I have had a number of clients in school win their Social Security benefits.

If you want to know if you are eligible, the only thing I can say is contact Social Security and apply for benefits.
SSDparents

If both parents are on social security disability, cn one child receive a benefit from both parents?
SSDparents

If both parents are on social security disability, cn one child receive a benefit from both parents?
Deanna Gardiner

I was finally approved for SSDI, I filed for my 13 yr. old daughter to get SSI and she was approved, I recieved 75% of her backpay, Does my attorney automatically get my Representative Payee check?
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

A claimant's Social Security attorney is often automatically paid their attorney fees.

The representative payee check is different. This deals with the claimant's benefits. If a claimant has a representative payee (a family member, friend, agency), Social Security sends the check to the payee to use on the claimant's behalf.
pokergalpoker

My husband has been disabled and receiving social security benefits for almost 6 years. I am employed and make under $30,000. I have 3 children all under 18 and we live with my parents. My oldest is currently a junior in high school. As we are nearing the beginning stages of choosing a college, are there any benefits financially for children who have a disabled parent and want to further their education past high school.
Deanna Gardiner

I applied for benefits for my 13 yr old thru my SSDI and she was approved for ssi but when I recieved her award letter it had sent 1444.00 to my attorney, they did nothing to deem her attorney then why can they take 25% of her back pay, I called SS and they said even though I am her representative payee , since they were my attorney they automatically get 25% of hers also.Can I file an appeal, when that is for her ? Thank you ..so confused someone please help? Mamabdrive@aol.com..330-719-3074..I am willing to fight for her money if I can? Ps by the way have never seen and only talked to a person from Myler Law, 3 times in 3 yrs?
Deanna

I n regards to my 13 yr olds backpay, it clearly states I , her Mother , is her representative payee. but 1444.00 went directly to Brad Myler disability law ( my SSDI attorney) somewhere in utah I think…sad but I clicked on a name one day back in 2007 and they were the first to email me. can I get that money back for my daughter? there was a miniscual sentence somewhere in my agreement that I signed, being on morphine for months.. Please help..I already had 5000.00 taken out of mine which they have recieved months ago(I have not seen the portion that is mine but they got theirs…Can I or do I have a chance of getting hers back because of the wording from SS.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

To clear up a couple of things: being a representative payee means that the benefits are paid to a person on behalf of a disabled individual. Normally, this is done on behalf of a minor child or a person whom SSA thinks might “misuse” their benefits.

Representative payees are different from attorney/non-attorney representatives. “Representative payees” are who gets the money. “Representatives” is the person(s) who represented the disabled individual in the disability case in front of Social Security. Typically this is the attorney on the case.

A disabled individual can have both a representative (their attorney) and a representative payee (who the money will go to, if the case is won).

Having a representative payee does not prevent the representative (the attorney) from getting paid.

I cannot comment on whether you actually hired Myler, or whether the contract was good or not, or whether you were competent to contract at the time — I mention this since you mention being on morphine.

Typically if an adult receives SSDI/DIB/Title 2 benefits (these are different names for the same type of Social Security benefits), their spouse or minor children may also be entitled to receive auxiliary benefits.

The attorney gets to take 25% of the back benefits paid to the disabled individual AND 25% of the auxiliary benefits paid to the spouse or minor child UP TO the cap set by Social Security, currently $6,000. That is $6,000 maximum from ALL sources on the case (**NOT** $6k from the disabled individual and another $6k from the spouse or minor children).

For more information, take a look at:
http://www.socialsecurityinsider.com/2009/04/wh…

http://www.socialsecurityinsider.com/2009/05/ma…
Shanetta10

If my parents died when i was 8 months and i turn 18 this months do my checks go in my name now or do it still stay in my Grandma name….can't i get it in my name?
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

If you are receiving Social Security child's benefits because your parents died, the bigger issue may be that these benefits typically continue until age 18:

“(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- … (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.”
fancy

if my ex is receiving SSDI will our children be entitled to benefits?
Dontate

What if the parent never worked and received disablity, due to multiple sclerosis. Later the parent died leaving two children..are the children entitled to get any of the benefits that were awarded to the parent?
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

I believe that is the way it works. Call SSA and then let us know what they tell you.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

The best reply I can give you is to “call Social Security (1-800-772-1213) and ask.”

My guess (and it is only a guess) is probably not. If a parent never worked then chances are, the parent was not receiving Title 2-SSDI Social Security benefits (unless the parent was receiving Disabled Adult Child (DAC) benefits – a Title 2 benefits). See http://www.socialsecurityinsider.com/2008/09/ni…

If a parent was receiving Title 16-SSI benefits, since there are no auxiliary benefits under SSI, there might not be benefits available under 20 CFR 404.350 (the section discussed in this article).

However, there may be other Social Security benefits available depending on the circumstances.

I encourage you to contact Social Security to get a answer based on your specific circumstances.
Shanetta10

i am a full time student so that mean i keep gettin them right??? so can i get them in my name when i turn 18
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

Please note that this a general information site. I cannot address specific circumstances or offer legal advice here.

According to the regulations, to qualify for child's benefits an individual must be :
“(5) … 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, it appears an individual has to be either
a) under 18; or
b) a Disabled Adult Child (DAC); (see http://www.socialsecurityinsider.com/2008/09/ni…) or
c) 18 or older and a full time student under §404.367.

However, §404.367 http://www.ssa.gov/OP_Home/cfr20/404/404-0367.htm only deals with primary and secondary school students. In fact part e of the requirements specifically says “(e) You are in grade 12 or below;”

As such, it appears that the child's benefits are only paid to full time students over 18 while they are still in high school.

As always, I encourage contacting Social Security for answers on how the regulations apply to any individual's specific circumstances.
Pingback: Can adopted children receive Social Security benefits because of parent's disability? | Colorado Social Security Law
cucupuffs

i've been receiving and SSI check since i was about 18..im 33 now and have 2 boys..a 1 year old and a 2 and a hald year old…i've been hearing from different people that they are elligible for SSI checks since i only receive an ssi check and according to the law i am not ordered to pay child support even though i do what i can and was giving 200$ a month out of my tiny check and then 100$ here and there and buying the diapers and whipes every month..the childrens mother receives food stamps and she has medicaid and so do the children but i dont have medicaid…she gets WIC too or was getting it so their kind of taken care of in that area but i know ofcourse when/if i can get a job they want me to pay it back…the mother of my children is a stay at home om right now because she had to move back in with her mother who has sarcoma cancer and had her leg amputated up to the hip and then it spread to the lungs so shes helping her and trying to take care of two kids with no income…their really struggling..so i was wondering if infact my 2 children can receive SSI checks because that would really help atleast untill we can pay for daycare again and the mother of my children can go back to work as a waitress because their are no jobs where i live in pensacola florida…everything closed down and its horrible here..please give me and answer so i can go to work on this and jump through the hoops to get it for them..thank you…
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

The article discusses that to the best of my knowledge there are no auxiliary benefits in SSI case.

If you want to see if your kids are entitled to any Social Security benefits, give SSA a call: 1-800-772-1213.
brandire

My husband receives SSDI. My children recieve a check as well. How come i do not recieve a check?
Kayla

I was wondering why i never received this benefit and if i could receive it now? i would like someone to get a hold of me by email.
Tina

If my children are receiving SSA benefits do I have to pay tax on them?