28Jan

Can children get Social Security benefits because of disabled parent?

By , 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.
  • Haley

    My daughter receives SSI Disability and has for about 6 months. Her father and I were split up and they based it off of my income alone. Our divorce was final on Feb 8th. He DID NOT pay child support during the year and a half we were seperated. Now he is ordered to start paying child support and back pay. Will we still get the SSI for her once I recieve child support??

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk
  • Joanne123

    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.

  • Diane

    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

  • ashleyat

    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?????

  • chuck333

    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

  • Kristen

    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

  • tinkerbell74605

    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.

  • tinkerbell74605

    no

  • tinkerbell74605

    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.

  • Pingback: Paternity and childrens Social Security benefits | Colorado Social Security Law

  • mason

    Tomas, when does an adult’s SS Disab benefit paid to a child come to an end? at 18, graduation from HS or will it continue if the child goes to college and is a full time student? thanks

  • http://www.StasiukFirm.com TomaszStasiuk
  • Embracegrace

    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?

  • dd

    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???

  • keoniab

    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?

  • Megi_70

    she should my kids did

  • Forshee33

    YES, SHE WILL GET A LUMP SOME EQUAL TO THE SUM FROM THE DATE HER FATHER WAS AWARDED DISABILIY. ALSO IF YOU ARE A SINGLE MOTHER AND SEEKING CHILD SUPPORT. HIS LUMP SUM CAN BE GARNISHED FOR ANY BACK CHILD SUPPORT. ALSO HIS MONTHLY BENEFIT FOR DISABILITY CAN BE GARNISHED FOR MONTHLY SUPPORT. THIS IS NOT A REPLACEMENT IN ANY WAY FOR CHILD SUPPORT.FOLLOW UP WITH SOCIAL SECURITY ASAP AND CHILD SUPPORT ENFORCMENT IN YOUR AREA. SINCERELY, SINGLE MOM GOING THROUGH IT FROM A DEAD BEAT DAD! GOOD LUCK

  • FORSHEE33

    IT IS EITHER ALL THE WAY BACK OR ATLEAST 7 YEARS. BUT I BELIEVE IT GOES AS FAR BACK AS THE FATHER’S CLAIM. AND IF HELP IS NEEDED, I WOULD HIRE AN ATTORNEY. PRO BONO. THAT’S A LARGE SETTLMENT. A DISABILITY ATTORNEY WILL EAT THAT UP? WHAT ABOUT CHILD SUPPORT?

  • FORSHEE33

    DOES THE ATTORNEY FEE COME FROM THE DISABLED DEAD BEAT FATHER’S LUMP SUM DISABILITY BACKPAY? OR WILL A PORTION BE TAKEN FROM THE CHILD’S BENEFIT BACKPAY?

  • FORSHEE33

    IS THE CHIL’S LUMP SUM BENEFIT A REPLACEMENT FOR BACH CHILD SUPPORT OWED TO THE CHILD BY HIS DISABLED FATHER?

  • http://www.StasiukFirm.com TomaszStasiuk

    Attorney fees in Social Security benefits usually come from back benefits. See http://www.socialsecurityinsider.com/2008/07/how-much-can-a-lawyer-charge-for-fees-on-a-social-security-case/

    If there there any auxiliary benefits paid, Social Security will often also pay fees from those as well since they result from the underlying disability case.

    However, regardless of the source (back benefits from the disabled individual, back auxiliary benefits) there is a single fee cap (currently a single $6,000 amount from all sources). In other words, an attorney *cannot* collect $6k from the disabled individual, another $6k from auxiliary child benefits, etc.

  • Jpwhitt1974

    I’m currently on disability Social Security, and generally they will only backpay up to one year. My children’s benefits start this month, and thats what I was told.

  • http://www.Planet10Tech.com TomaszStasiuk

    Normally SSA only pays a maximum of 12 months of back benefits http://www.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/

    But a situation like this, I’m not sure what will happen.

    Would you let us know what happens?

  • Barbararains123

    Will my son receive back pay and a monthly payment ? I just got approved for my social security disability benefits.

  • Country Tyme

    Please Help!!! I receive SSDI and have been for 6 years due to a disability and I cannot work. My 3 dependent children also receive a small monthly check. My oldest is also disabled and gets SSI with the offset of child support. I just found out in court last week that dad is claiming to be disabled basically because he does not want to pay child support. As of 9/30/10 due to zero income, he doesn’t have to pay child support for up to a year until the determination is ruled. My question is if he is awarded will my sons be granted a portion of the lump sum (that he will get back dated to the time of filing)? Will he still have to pay child support based on his awarded income? Or can anyone tell me how this is going to work. I just don’t want my kids to get screwed out of anything that is due to them. And why not, he left 13 years ago and never looked back. If anyone can help, so I can have some idea what to expect. Thank You!!!

  • Lakadramadlock

    if i get disabiliy then well my kids get benefits ti

  • The4msandonelittlej

    i just found out that my children s dad may be receiving disability how can i find out for sure?

  • The4msandonelittlej

    How can i find out if my children father is working or not?

  • chris

    How do you apply for this disability?

  • http://www.Planet10Tech.com TomaszStasiuk

    Contact your local Social Security office.

  • Lanie134

    apply online at socialsecurity.gov

  • CountrySherrifftyme

    you sound soooo inocent?!

  • Sharpaj919

    If my ex wife is recieving disability benefits for my kids but I have my kids 50% of the time. Am I entitled to half of the money for my kids benefits?

  • http://www.Planet10Tech.com TomaszStasiuk

    I have only seen 1 payee on auxiliary benefits. However, this is something that is determined after my work on a case is done, so I hardly have a complete picture of what could happen. Have you contacted Social Security to see what they say?

  • CHERNANDEZ081906

    MY HUSBAND HAS HAD FULL CUSTODY OF HIS 2 KIDS THEN 1 AND 3, THE MOM OWES BACK CHILD SUPPORT FOR YEARS, THEY CAN NOT FIND HER SHE HAS NOT PAID A DIME! THE KIDS ARE NOW 14 AND 16 WE JUST LEARNED THAT SHE MAY BE GETTING ARE IN THE PROCESS OF GETTING SOCIAL SECURITY BENIFITS DO TO HER LONG HISTORY OF HEALTH ISSUES, CAN THE KIDS BENIFIT FROM THIS AND GET SOCIAL SECURITY IF SHE DOES?

  • http://www.Planet10Tech.com TomaszStasiuk

    Children (up to age 18-19 as noted above) may be eligible to receive auxiliary benefits based on a parent’s disability. Usually the main issue is the parent has to receive SSDI – Social Security Disability Insurance. To qualify for SSDI, (among other requirements) the parent has to have worked *long* enough and *recently* enough to be eligible for that program. If a parent only receives SSI, there are no auxiliary benefit available for the minor children.

    Another issue that occasionally arrises is Social Security may not be aware of the minor children. If SSA is not aware of the disabled individual’s children, auxiliary benefits might not be automatically processed if the parent becomes eligible for SSDI.

    I do not have a suggestion on how a divorced parent can ensure that their kids receive auxiliary benefits based on a non-custodial & out-of-the-picture’s parent’s disability.

  • Bevmarb

    Non-custodial parent is trying to claim daughter on tax return. We already claimed her on our Taxes -as we pay all her living expenses and she lives with us full time (and has for 9 years). She only visits father- maybe once every 3 months for a weekend (different state). He gives her zero money while she visits him. She pays for everything from movies to food while there even for a weekend. In lieu of child support, she got social security benefits when he retired, which ended in Sept. when she turned 18. We pay for her college tuition, books. etc. He’s asking daughter to get a 1098T for from her college. How can he possibly claim her?

  • http://www.Planet10Tech.com TomaszStasiuk

    You may need to speak with an attorney in your state. Your tax preparer (a CPA hopefully) may also provide some guidance on what options you may have.

    Note: I do not practice tax law, nor do I practice in TX.

  • Jskscsas

    I was recently awarded ssdi and my wife and child have been receiving ssdi for the past 7 yrs due to her disability. If both my wife and I receive ssdi under separate claims what is the maximum social security benefit the children can receive and the maximum the entire household can receive.?

  • http://www.Planet10Tech.com TomaszStasiuk

    Honestly, I don’t know.

    Social Security has fairly complicated formulas for determining benefit amounts. Most lawyers focus on the proving-disability side of the equation.

    I’m sorry I can’t help.

  • Notary719

    We are in NYS and my ex wife has custody of our children. Our son is 16 and has Downs syndrome and I keep asking her why she does try to get him SSI as he qualifies for being disabled and he will also have educational, etc. benefits available for him. She has said that because she works and has savings and owns a home that he has to wait until 18 to get SSI. BUT she has also let it slip in conversation that she will not get him SSI before he is 18 because she does not want me to see a way out of paying child support for him. I am not looking for this as a way out of my obligations and I currently pay her $300 a week for our two children. I owe nothing and I have them covered on my benefits as well. I just think that my son should be entitled to the same things people who milk the system get with no problem, and should something ever happen to either of us he will be already stabilized in SSI and not slip through cracks. Do you happen to know if he would be eligible or does the custody parent income/home ownership hamper his receiving until his is 18? Thank you.

  • http://www.Planet10Tech.com TomaszStasiuk

    Social Security disability benefits for children under 18 are usually handled under the Social Security Supplemental Security Income (SSI) program.

    To qualify for SSI, an individual has to be found medically disabled under the Social Security criteria AND meet financial limits on income and assets.

    Minor children typically do not have income or assets that are a problem. However, Social Security counts *household* income and assets (not just those of the minor child) for children under 18 in SSI cases. This is where many children become financially ineligible for SSI.

    The common result is the parents wait until the child turns 18, when Social Security counts only the child’s income and assets, and then apply.

    Of course, the only way to be sure if household income and assets are a problem is to contact Social Security.

  • Stephebnet

    Recently my 19 year old brother received a lump sum check of back pay social security benefits (the result of my father being deemed disabled). My brother received a lump sum/back pay because it was two years from the time my father applied for disability until he was approved. Thus, my brother received payments from age 17 to 19 because he was/is still in high school. Our question is – how is the money to be spend and/or who is entitled to the check? The check is in my brothers name and he is legally an adult – is he able to spend it as he see’s fit or is the money to be used for child care costs? Thank you!

  • http://www.Planet10Tech.com TomaszStasiuk

    This sounds more like a family dispute with the now adult son wanting to spend the check (in his name) in a way the parent(s) disapprove of.

    I am not aware of a limit on how auxiliary benefits are to be spent. However, attorney representation is usually completed by the time checks are cut, so there may be some limitations I am not aware of

    If you are looking for a third party to settle this, I encourage you to contact SSA with your question.

    All my best!

  • Lindasaunders_54

    i just learned that my ex-husband, who is now disabled is recieving social security checks, he owes child support for the last 15 years, are my children intitied to those checks even thought they are in ther early 20′s. the sum he owes is 46,000.00

  • http://www.Planet10Tech.com TomaszStasiuk
  • Sammykur

    question
    my wife ex is recieving ss for alcoholism and my step children live with us my wife is unsure if these payments can be used toward house payment(in both hers and mine name) and utilities and if there is a percentage of these or a standard “rent” or utility charge

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t answer that. Contact Social Security.

  • Mom

    My exhusband is disabled and my daughter has been receiving benefits for just under 2 years. He informed me today that he will be applying for his stepdaughter to receive benefits when his first wedding anniversary arrives in April. His Stepdaughter has a biological father she has regular visitation with, although I understand he pays no support. Is it true that my daughter’s benefits will be cut in half? My ex pays no child support (I waived that when he became disabled, assuming we would have the SSI to help) and owes me a great deal in medical bills (50% of my daughter’s out of pocket costs per the divorce decree). If this is cut, we will have to cancel her music lessons, 2nd round of braces and summer camp. He states he will be moving to a larger home and purchasing ATVs when his stepdaughter’s payments begin. I’m completely floored. Is this really how it works?

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