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

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!

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.

The types benefits would change (from auxiliary to survivors' benefits), but I do not know if this would impact the amount of the benefits.

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!