28Jan

Can children get Social Security benefits because of disabled parent?

By Tomasz Stasiuk, January 28th, 2009 | Auxiliary Benefits, Building a Case | 259 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.

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Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .

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.

http://www.Planet10Tech.com TomaszStasiuk

I do not offer legal advice (including addressing individual’s specific circumstances) in blog comments. You can contact SSA directly – 1-800-772-1213.

Or, you can also call Social Security Advice Online. They are a national company made up of former Social Security managers. Note: this is a private company not affiliated with the Social Security Administration. You can reach them at http://socialsecurityadviceonline.com and (513) 860-5924.
Dallas_cowboys_kick_ass22

Mrjuarez78 that is absolutely correct. Seems unfair the child cannot collect both since you both paid into the system likely for years & years… If you return to work, which doesn’t sound like you will but if you do then your son will be entitled to start receiving survivor benefits from his father again. It’s nearly identical to the situation my sons father & I are in… SSDI entered a certificate of eligibility for my son into the system (his father & I aren’t married) on his fathers SSDI in case I ever return to work…but I won’t. Regardless I hope this was helpful. Seems unfair but they won’t allow a child or survivor to be paid from both parents SSDI.
Dallas_cowboys_kick_ass22

Omg.. First of all I’m very very sorry for what you & your children are suffering. If I were you I’d contact the SSA office immediately & explain the situation. You will likely need to show them papers from the court that show you as having sole custody.. It may cost you this months SSDI check but ultimately they’ll ask her for the monies back,. But get you set up and fixed for future months. It amazes me they didn’t ask for something in writing but after you show your the correct payee & have the children more than 50% of the time SSA will correct the problem for future payments. I know it does not put food on the table now but they can also note the account that your ex has done this in the past & request appropriate documentation from her if she tries in the future. I’m going thru hell myself would love to chat privately.. Any idea how to get ya my private info??
Sandynellums

i hAVE full custody of my grandchild. in 2010 i was disabled and draw ssd. i am 59. why can she not draw a check. no one pays support.
http://www.Planet10Tech.com TomaszStasiuk

What does Social Security say when you ask?
Saraann3493

I am 18 years old and my mom gets a disability check each month. Ive been hearing that i can get a check for the year my mom has got disability. My friend got a check from the state that back tracked for his dad getting disability. his check was about 10,000 dollors for a few years. Can i also get the same or no?
Saraann34934

I am 18 years old and my mom gets a disability check each month. Ive been hearing that i can get a check for the year my mom has got disability. My friend got a check from the state that back tracked for his dad getting disability. his check was about 10,000 dollors for a few years. Can i also get the same or no?
Johnparks111

My mom passed away when I was 8 months old and my dad was never in my life. I’ve never even met my dad. Do I get any help from Fasfa with paying for my college tuition? If so how much? I wanna be the first person in my family to graduate from a four year university.
Jjconwell05

If my ex husband receives SSI, can I file for benefits for his 3 dependents.
http://www.Planet10Tech.com TomaszStasiuk

“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.”
Jenna Webb23

I turn 18 on the 23rd of September and I get social security check the third of every month will I get my check for September? Because I don’t turn 18 until the end of the month
http://www.facebook.com/people/Robert-Crawley/100000474835625 Robert Crawley

If the parent is a disabled veteran, is this the correct benefit that should be applied for, or is it a different one?
http://www.Planet10Tech.com TomaszStasiuk

I cannot offer an opinion of what program an individual should apply for. I can say that Social Security is a completely different program from veteran’s benefits. The above post only deals with auxiliary benefits for children of parents who are receiving Social Security SSDI benefits.
http://twitter.com/schi5409 Seth Chilvers

Hi my father has been receiving Disability for a while now. I had been getting a portion of this ($100) a month and because we have never received child support it is pretty important to us! I had received papers in the mail saying that when I turned 18 it would stop and If I wanted it to continue, I needed to have authorities from my school sign documents that said I was still in highschool for a few more months and therefore still eligible! So I signed these papers and the money never came! So I have not received about $600! I am wondering if Its even worth calling in and asking abouot it, and would I still even be able to receive that money? And also what if they did not receive them would I be able to resend them somehow? Sorry this was so long!
http://www.Planet10Tech.com TomaszStasiuk

A lot depends on how long ago this happened. However, the question you are asking is whether it is worth $600 to make a telephone call?

Well, you are either going to say, “Yes!” or, “Mmm, not really.”
Jtk88

To Chaffin2us2000-It’s outrageous that your (soon-to-be?) ex has been receiving benefits for your children if they are in your custody. However, as you’re still married and she doesn’t work, you have a problem on your hands until your divorce is finalized and custody of your kids has been decided by your local court. Talk to Social Security, keep your lawyer (or get a new one!), and stay the course. As both you and your ex are unemployed, you will need to be diligent and keep accurate records of every conversation you have, paperwork you receive, etc. You have temporary custody of your sons. Temporary! Even after your divorce, your ex can file for a modification, which can order that the kids spend more time with her, which can trigger Social Security to decide how much money goes to each parent, etc. Basically, follow up with Social Security, your attorney, and stay on top of the situation. Finally, keep all your records and keep copies of them! It’s a long, involved process, so brace yourself, be a great Dad, and never bad-mouth her in front of your children. Hope that helps. I am at comcast dot net. jtk88 is my user name. Hang in there!
Helenkr

My children receive benefits now through there fathers ss but how can they receive medical ins? I had them under my plan but now I am out of work…
JT

Hi, I’m not familiar with the process in Colorado(?), but this is Social Security, a federal program/entitlement. As far as I know, health/medical insurance is provided by the Federal Government for you, your husband, but not children. The best advice I can give is to contact Social Security and educate yourself on the laws of child healthcare coverage in your state. Best to you, JK from Boston.
http://www.Planet10Tech.com TomaszStasiuk

I had to ask around. The response I am hearing is that the general rule is Medicare is available for the disabled person but not the spouse or children (the auxiliaries). There appear to be some exceptions (when the spouse is 65 or older for example). However, contact SSA for complete information on your set of circumstances.
N,

The father of my child is recieving disability checks, is there anyway i can get checks for her as well after she is born?
http://www.Planet10Tech.com TomaszStasiuk

As noted in the post, children of disabled parents (who are receiving Social Security disability benefits — not SSI) are often eligible for monthly benefits.

Your local Social Security office can provide more information.
Tweerym

is my minor daughters disability benefit considered income when applying for food stamps?
Mary

Can a judge order you to give the Social security disability check to non custodial parent to help take care of boys when she has them every other weekend?
http://www.Planet10Tech.com TomaszStasiuk

I’m sorry, Mary. I can’t answer that. A family law attorney in your state may be able to give you an answer.
Kelly

Can a child, whose father receives disability/workers comp because they became disabled through the state of ny, receive help on college tuition?
Siaulisa

My husband has applied for disbility vai the SSA. We have custody of our 3 year old grandson. Will the grandson be eligible for an monies even though he is not our biological child? we have full custody, provide health insurance an drasie hin as if he were our own.
http://www.Planet10Tech.com TomaszStasiuk

Grandchildren can sometimes receive benefits based on a grandparent’s earnings: http://www.socialsecurityinsider.com/2010/01/can-adopted-children-receive-social-security-benefits-because-of-parents-disability/

I recommend contacting SSA for information on each individual’s specific circumstances.
Thinkinglately

My brother has 3 children with a woman who is disabled and they live together he works everyday and makes good money. She receives social security and her three children receive auxillary benefits from her, Is that legal? Since she is with the father and he supports them?
http://www.Planet10Tech.com TomaszStasiuk

Children of a parent receiving SSDI are eligible to receive aux benefits regardless of other sources of income coming into the house. SSI is a different matter; but under that program there are not aux benefits anyway.
Tina_stroud1

If a mother get disability and her biological sons lives with the father, would the child qualify for disability?
Tina_stroud1

If a childs mother gets diability but the child lives with the father do they qualify in the sate of kentucky?
http://www.Planet10Tech.com TomaszStasiuk

You would need to contact the institution’s financial services office. Social Security itself does not provide financial aid. Can’t speak about work comp as it varies from state to state.

Good luck Kelly!
http://www.Planet10Tech.com TomaszStasiuk

You would need to contact the institution’s financial services office. Social Security itself does not provide financial aid for college. Can’t speak about work comp as it varies from state to state.

Good luck Kelly!
Uchstms94

Can a child that is drawing off there parent for social security disability still work?
Marilynguajardo

My ex husband gets disability ssi and my kids are living with me. Are my kids able to qulify for it also?
http://www.Planet10Tech.com TomaszStasiuk

There are no auxiliary benefits for SSI. However, it is best to check with SSA to verify the benefit program the father is receiving to see if there are any benefits for the kids.

Good luck, Marilyn!
Nelsonedkk

Can a father who gets disability take care of his child with his benefits
http://www.Planet10Tech.com TomaszStasiuk

I am not aware of any limit on how an individual can use his/her benefits.
Muffinofpeace

If you were a child(minor) of a disabled parent who was receiving benefits and you also received a check, could your parents take that money and do whatever they want with it or was the money that you were receiving rightfully yours?
Kelsie

Okay my dad is disabled Nd has been I was talking to this lady she said I should be recieveing money…. I dont know how to apply or go about things
http://www.Planet10Tech.com TomaszStasiuk

Your local Social Security office can walk you through the process of checking to see if you are eligible for auxiliary benefits. Give them a call. Good luck Kelsie!
http://www.Planet10Tech.com TomaszStasiuk

I don’t know. Give your local Social Security office call. Would you let us know what they tell you?
Donovanbowen88

I stay with my grandma and grandpa my dad pays childsupport to my mom but i dont stay with her and she claims me and am about to turn 18 in 1 month and still in school who will get it
URIEGAS

My son is disabled ( severe diabetes ) and will never have a job because of his disability, so he wants to apply for benefits since I am under SSD. He can do it, if he isn’t 22 years old yet, so he better do it now and he’ll have a chance since he would apply before the age of 22. Would he get as much as my check or a % like children under the age of 19 that are still in school is the question of the day?
http://www.Planet10Tech.com TomaszStasiuk

I don’t know how SSA calculates disabled adult child benefit amounts. Sorry.
http://www.Planet10Tech.com TomaszStasiuk

Is this the situation you’re describing?
http://www.socialsecurityinsider.com/2011/05/my-child-is-graduating-high-school-will-my-other-childrens-social-security-benefits-change/
Cinthia

so my son’s father has bipolar, schizophrenic, & mpd. and I’m about to get my child evaluated because he keeps abusing himself. Since his father has them 3 disabilities & is in & out of jail is there a way I can get benefits for my son?
http://www.Planet10Tech.com TomaszStasiuk

A child can receive SSI benefits based on their own disability – which may apply in this circumstance.

And even not disabled children can receive auxiliary benefits if they have a parent who is disabled and receiving SSDI.

Give Social Security a call 1-800-772-1213 to see what benefits your son may be eligible for.

Good luck Cinthia!
Cinthia

Thank you!
Pls065

Do you have to report/claim auxillary payments on taxes?