Comments on: Can children get Social Security benefits because of disabled parent?

By: Kristen

Kristen — Fri, 12 Mar 2010 20:33:33 +0000

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

By: chuck333

chuck333 — Thu, 11 Mar 2010 11:22:06 +0000

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

By: ashleyat

ashleyat — Thu, 04 Mar 2010 03:03:50 +0000

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?????

By: Diane

Diane — Mon, 22 Feb 2010 19:06:40 +0000

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

By: Joanne123

Joanne123 — Tue, 16 Feb 2010 22:55:24 +0000

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.

By: TomaszStasiuk

TomaszStasiuk — Mon, 15 Feb 2010 23:24:17 +0000

Take a look at http://www.socialsecurityinsider.com/2009/10/ar...

By: Haley

Haley — Mon, 15 Feb 2010 22:46:04 +0000

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??

By: Tina

Tina — Sun, 14 Feb 2010 05:23:40 +0000

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

By: Kayla

Kayla — Thu, 21 Jan 2010 14:34:54 +0000

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.

By: brandire

brandire — Wed, 20 Jan 2010 03:48:54 +0000

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

By: TomaszStasiuk

TomaszStasiuk — Mon, 11 Jan 2010 22:03:32 +0000

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.

By: cucupuffs

cucupuffs — Sun, 10 Jan 2010 02:51:15 +0000

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…

By: Can adopted children receive Social Security benefits because of parent's disability? | Colorado Social Security Law

Thu, 07 Jan 2010 13:03:31 +0000

[...] Children can get Social Security benefits if they have a parent who is receiving Social Security Dis…. 20 CFR 404.350 is the regulation dealing with who is entitled to Social Security child’s benefits. Generally, the child has to qualify as the parent’s child (more on this in a moment), be dependent on the parent, unmarried, and under 18. What happens in cases of grandparents, step-parents, or parents who adopt children? Are their children entitled to Social Security child’s benefits? [...]

By: TomaszStasiuk

TomaszStasiuk — Wed, 06 Jan 2010 21:54:31 +0000

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.

By: Shanetta10

Shanetta10 — Wed, 06 Jan 2010 21:32:50 +0000

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

By: TomaszStasiuk

TomaszStasiuk — Tue, 05 Jan 2010 21:05:59 +0000

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.

By: TomaszStasiuk

TomaszStasiuk — Tue, 05 Jan 2010 20:44:10 +0000

I believe that is the way it works. Call SSA and then let us know what they tell you.

By: Dontate

Dontate — Tue, 05 Jan 2010 10:33:34 +0000

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?

By: fancy

fancy — Tue, 05 Jan 2010 05:32:35 +0000

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

By: TomaszStasiuk

TomaszStasiuk — Tue, 05 Jan 2010 00:24:59 +0000

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.”