Can a 18 year old full time student still get Social Security child’s benefits?

I was recently asked if Social Security child’s benefits continue for a full-time student who is 18 or over.

Here is the answer in a directly from Social Security:

No. At one time, SSA did pay benefits to eligible college students, but the law changed in 1981. Benefits stop when a child reaches age 18 unless he or she:

  • Is disabled; or
  • Attends a secondary (grade 12 or below) or elementary school full-time.

In general, benefits end when:

  • The student graduates [high school]; or
  • The student turns age 19 and two months, whichever is first.

Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.

Here are the applicable regulations:

20 CFR 404.350 “Who is entitled to child’s benefits” states

(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.

Subsection 5 concerns continuing benefits for those 18 or over, who are still full-time students. This section requires an individual to be either:

  1. Under 18; or
  2. A Disabled Adult Child (DAC); or
  3. 18 or older and a full-time student under §404.367.

However, §404.367 only deals with primary and secondary school students. Part “e” specifically requires that “You are in grade 12 or below.

Keep in mind we are talking about auxiliary benefits for children due to the death or disability of a parent. How going to school affects a disabled child’s entitlement to disability benefits is discussed here.

Updated 04/07/11.

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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 .

About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter

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  • http://www.disablognd.blogspot.com/ Terry

    Good info. I think another way benefits may continue is under section 301 if they have an open case with VR.

  • heathermoore422

    Hi im having an issuse with ss survior benefits. My husband recieved them in highschool and 6 years later they are telling him he made to much for the year to qualify for the 2004 year. He only recieved the benefits till may when he graduated but they are taking his yearly income to determine. can they do this obviously he had to work fulltime after his benefits were up to support himself which then raises his yearly income. ive tried to find info on this issuse and i can not find anything on maximun income for full time students recieving survivor benefits. they said he couldnt make more then $11,000 so he made $13,000 and they took the difference out of our tax return $2492.00 please help! thanks:)

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

    I suspect something else is going on. I have not seen anything in the regulations concerning “children's benefits” http://www.ssa.gov/OP_Home/cfr20/404/404-0350.htm where the child's income is considered. If it was SSI benefits, or if it is a matter of recapturing overpaid benefits provided to the disabled/retired parent, then maybe.

    But, I can't make anything out of the circumstances you are describing.

    Keep an eye on any deadlines for appealing, contact SSA to figure out exactly what kind of benefits were originally paid and the reason for the recovery, and contact a lawyer in your area to try to make sense of it.

  • Jaclyn

    My son, who is 18, has just been approved for SS disability, (he has some very serious mental issues). Do I, as his mother, qualify for benefits as well?

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

    The only way I have seen parents get benefits is described here: http://www.socialsecurityinsider.com/2009/12/so
    However, you may want to give SSA a call ( 1-800-772-1213 ) to see if there is another way.

  • errolhaverstock

    I am receiving ssd benefits. My son also receives auxilary payments because he is under 18. He is now 17 and will become a father in 3 months. Will the auxillary benefits be effected because of having a baby?

  • judy

    can mt daughter keep drawing her check from her dad after shes 18

  • Mom56

    My 17 years old son recently graduated from high school in June 2010. He has been medically diagnosed as ADHD of all 3 DSM Symptoms, as SSI Benefits began at 5th grade. He will be 18 years old in August 2010 and SSI will be reviewing his case as An Adult. He will be a newly enrolled full-time student in College. Is he eligible to receive his continuous SSI Benefits. His ADHD is now becoming an ADD into manic-depression similar symptoms of bipolar , as the behaviors surfaced 6 months ago of punching walls, screaming anger, obssesive-compulsive in an underage female relationship, and impulsively spending so much money that he flinching at mom and causing her to have heart pain, earache, and nerve pinches. Please advise! SSI Review is next week. Thanks!

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

    The review that SSA does when a recipient turns 18 checks whether the person qualifies for disability under the adult standard. See: http://www.socialsecurityinsider.com/2008/08/am
    and http://www.socialsecurityinsider.com/2009/03/ho

    The question seems to be, do your son's conditions prevent him from being able to work and how similar will his full time schedule at school be to a work like setting?

    Since I don't know the case and what your son's medical records say, I have no way of knowing whether he will meet the adult standard of disability.

    You may want to consider hiring a lawyer to review the case and in any appeal (if one is necessary).

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk
  • N.V.

    My daughter is a SSD dependent throught my husband. She will be graduating highschool at 17, and will start college at 18. She is not disabled. Will she still be eligible to recieve SSD while in college until she graduates?

  • Piglet956

    I have a child that is 16 and still in high school she wants to stay home and do on line school full time. can she still get her social secuity check that she get cause her dad died when she wasnt even a year old yet??????

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t comment on the facts of individual cases. Give Social Security a call and see what they say 1-800-772-1213

  • Guest

    Im still a high school student im 19 and im trying to get my high school diploma am i able to get scocial security benefits and how?

  • Bfkav

    why do you feel you need social security benefits? Do you have some sort of disability?

  • Bfkav

    I don’t believe so. Once she graduates from high school SS stops. I went through this with my son and that was the way it worked. That was, however, two years ago. I do know, if she is disabled it would continue, depending on the disability.

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi guest. I do not provide case evaluations in comments. You may be eligible to receive Social Security. Social Security (ssa.gov or your local office) can go over the application process with you and review your claim.

  • Ntibbits

    may i ask what your position is then on this format?? if this is a place to learn educate ones self,, and ask questions and as I scroll down ur one and apparently most favored response is I can not answer that question?? then out of genuine conern for my current situation,, why and what are you here to help with?????

  • http://www.Planet10Tech.com TomaszStasiuk

    I am a practicing disability lawyer. I write this blog to provide general information to, hopefully, demystify the Social Security system which is my practice area. Responding to specific circumstances, the “do I qualify?” “what will happen to me if…?” questions, requires providing legal advice.

    I can no more answer those questions than a doctor could respond to, “Am I going to have a heart attack?” “Should I change my medications?” questions for people the doctor has never seen and never treated.

    I try to refer people to where they can get answers on their specific circumstances. Typically, that is Social Security or consulting/hiring a lawyer. So that’s the reason for what you call “my favored response.” :)

  • Ashleyh613

    My mom applied for SSDI in August 2006 and was awarded benefits dating back to August 2005. I turned 18 in June 2005 but graduated high school a year late in June 2006 because I had missed a few months of school when I was 16 for medical issues and didn’t have enough credits to graduate until the next year. Anyways when me mom applied for benefits she assumed because I was 18 she couldn’t claim me as a dependent. As this states that doesn’t seem to be the case since I was a full time high school student up until the month I turned 19, and should be entitled to benefits from August 2005 to June 2006, is there still away to try and get these benefits if I am entitled to them or is it too bad too sad?

  • Ashleyh613

    My mom applied for SSDI in August 2006 and was awarded benefits dating back to August 2005. I turned 18 in June 2005 but graduated high school a year late in June 2006 because I had missed a few months of school when I was 16 for medical issues and didn’t have enough credits to graduate until the next year. Anyways when me mom applied for benefits she assumed because I was 18 she couldn’t claim me as a dependent. As this states that doesn’t seem to be the case since I was a full time high school student up until the month I turned 19, and should be entitled to benefits from August 2005 to June 2006, is there still away to try and get these benefits if I am entitled to them or is it too bad too sad?

  • http://www.Planet10Tech.com TomaszStasiuk

    It sounds like you may have been entitled to auxiliary benefits are one time. However, I do not know if there is anything you can do now. Have you contacted SSA to see what they tell you?

  • Unknown

    a relative collects ssi benefits for her children and she was just placed on criminal PROBATION for a crime; the oldest son maintains receiving ssi benefits and he is serving a 2 year sentence in jail…I thought if you were conviction of a crime and on probation your SSI benefits are no longer awarded to you – how will SSI know if you don’ t report it?

  • http://www.Planet10Tech.com TomaszStasiuk

    I have a series of posts dealing with Social Security and incarceration: http://www.socialsecurityinsider.com/tag/jailprison/

    Generally, incarceration stops Social Security benefits for the person incarcerated. There are some exceptions, but that is the general rule. If Social Security makes a mistake, benefits may continue for a time. However, it is likely that if an individual receives (and keeps) benefits they are not entitled to, Social Security will later claim an overpayment of benefits and want their money back.

    Overpayments are not fun: http://www.socialsecurityinsider.com/tag/overpayment-repayment/

  • S Berlynn

    my daughter turn’s 18 next year, i want to know if she can still get her social security benefits while she’s still in high school? can somebody let me know if she still can or not?

  • http://www.Planet10Tech.com TomaszStasiuk

    The post addresses this issue and discusses how to answer your question. If you have suggestions on making it clearer, please let me know.

  • S Berlynn

    i dont understand what you mean, i’m asking if my daughter can still collect her social security benefits if she’s still in high school?

  • S Berlynn

    i dont understand what you mean, i’m asking if my daughter can still collect her social security benefits if she’s still in high school?

  • http://www.Planet10Tech.com TomaszStasiuk

    /sigh. I have rewritten this response several times. I think it may be best for you to contact Social Security directly with your question.

    The idea behind this site is to demystify the Social Security system. However, I cannot say how, or even whether, a particular regulation will affect a specific person’s facts.There are too many variables to be able to correctly address many of these questions.

    For example, while you say that your daughter is receiving Social Security benefits at present, you do not specify if she is actually on auxiliary benefits. That is just one piece of missing information in your question.

    Social Security has that information on hand and can ask you any other pertinent questions needed to answer your question. Please consider giving them a call. The toll free number for SSA is 1-800-772-1213.

    Good luck1

    Even you are unable to

  • simone

    I recieve ssdi and my 3 kids receive auxiliary benifits my oldest is pregnant i was wondering can i receive auxiliary benifits or her child (my grandchild)

  • Mrs Brisbane

    I recieve ssdi and my 3 kids receive auxiliary benifits my oldest is pregnant i was wondering can i receive auxiliary benifits for her child (my grandchild).

  • Lindybball34

    Hello Im 19 years old and im a full time college student and my mother is a single parent, I heard that Social Security checks should still come , is this correct?

  • http://www.Planet10Tech.com TomaszStasiuk

    I have updated the article to make to make it clearer.

  • Burkescaroline

    Hello, I am an 18 yr old and this is my last year in high school. I have been receiving ss benefits for some time now, reason being my mom is disabled(handicap) and my dad our primary caretaker passed away last yr. I now stay in hawaii and been recievin survivors bt after I graduated I will be attending college as a full time student in Ms and will be 19 in November. I’m I still eligable to continuing receiving?and if so will their be benefits throughout this coming summer as well? -thnks

  • http://www.Planet10Tech.com TomaszStasiuk

    As noted in the article…

    Do Social Security child’s benefits continue for a full time student who is 18 or over. Here is the answer in a directly from Social Security:

    No. At one time, SSA did pay benefits to eligible college students, but the law changed in 1981. Benefits stop when a child reaches age 18 unless he or she:

    Is disabled; or
    Attends a secondary (grade 12 or below) or elementary school full time.
    In general, benefits end when:

    The student graduates [high school]; or
    The student turns age 19 and two months, whichever is first.
    Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.

  • susiedianne

    Since my 18-year-old son is graduating from high school next month, will his award amount go to my youngest son, his little brother? Will my younger son be able to receive a new award total, based on his older brother no longer receiving benenfits? How do I go about initiating my younger son’s award ?

  • http://www.Planet10Tech.com TomaszStasiuk

    A lot depends on the benefits a child is receiving. Assume a child is receiving Social Security benefits because of a disabled or deceased parent — in other words, receiving auxiliary benefits, Social Security splits the “graduating” child’s benefits among the other auxiliary beneficiaries up to the Family Maximum. http://www.socialsecurityinsider.com/2011/05/what-is-the-family-maximum-in-social-security-benefits/

    SSA explains how this works here: http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/354

  • unknown

    Hi, I’m currently 17 years old and my mom receives social security disability, from that I receive auxiliary benefits, Am I still allowed to work if I receive those benefits? or could that stop me from receiving the benefits that I do get each month?

  • unknown

    Hi, I’m currently 17 years old and my mom receives social security disability, from that I receive auxiliary benefits, Am I still allowed to work if I receive those benefits? or could that stop me from receiving the benefits that I do get each month?

  • Delg1702

    My sister in law died of cancer 10/23/10, her husband died in 2005. She left a will for us to be the guardian of her children. In november 2010 my husband and I went to the SS local office. We ask for the children benefit to be move to our bank account, no problem there. We also had received a check of 6705 issue 10/26/10 by SS for disability 1st payment back pay as she applied for disability 6/1/10 and was approved in october. Just received a letter, SS want us to refund the 6705 as payment was issued after her death. We did ask in November during the interview if SS wanted us to write a check back then for that amount that we had received and would of gladly gave back then. They assured us twice that it was ours to spend. We did so on the children or all sort of stuff. We plan on going to SS office and mention that back payment for her disability we were told to keep. Are we right on this or does SS has the right to ask us to refund after telling us it was ours to keep? Do they make arrangement s for refund as unfortunately we do not walk around with 6705?

  • http://www.Planet10Tech.com TomaszStasiuk

    I am not aware of any work limitations for children receiving auxiliary benefits. However, you should check with your local Social Security office to make sure it will not be a problem.

  • http://www.Planet10Tech.com TomaszStasiuk

    Give these fine folks a try: http://socialsecurityadviceonline.com/
    They are in a better position to address these kinds of issues.

  • Pingback: Social Security parent's benefits | Colorado Social Security Law

  • Angelique

    I’m 18 years old and currently get survivor benefits from my father who died 6 years ago. i didn’t have enough credits this year to graduate so i will be going back next year to finish them, will the money continue to come thru the summer? and also if i get married before they are up do they still continue to come?

  • chris

    Hello I am 19 years old and have been receiving social security benefits because I didn’t have enough credits to finish school but I will be graduating this summer…… I want to know will my.social security benefits automatically cut off or will social security call me or send me a form to fill out??? Plz respond!

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t address specific situations (as that crosses into providing legal advice – which I can only do for clients). Your local SSA office can tell you what will happen on your case. 

  • GUEST

    No one seems to say: what happens to the auxiliary benefit when the youngest child turns 18 and no longer receives the auxiliary benefit? Does that monthly amount then go into the disabled parents’ monthly benefit, or does the family just lose that auxiliary benefit monthly amount?

  • GUEST

    No one seems to say: what happens to the auxiliary benefit when the youngest child turns 18 and no longer receives the auxiliary benefit? Does that monthly amount then go into the disabled parents’ monthly benefit, or does the family just lose that auxiliary benefit monthly amount?

  • GUEST

    No one seems to say: what happens to the auxiliary benefit when the youngest child turns 18 and no longer receives the auxiliary benefit? Does that monthly amount then go into the disabled parents’ monthly benefit, or does the family just lose that auxiliary benefit monthly amount?

  • http://www.Planet10Tech.com TomaszStasiuk

    Auxiliary benefits do not reduce the disabled individual’s benefits while they are paid out, so there is no bump to those benefits when auxiliary benefits end. 

    HOWEVER, since auxiliary benefits are based on 50% of the disabled individual’s benefits amount up to a combined family maximum total (see http://www.socialsecurityinsider.com/2011/05/how-much-does-social-security-pay-in-auxiliary-benefits/), if an individual is not longer eligible for auxiliary benefits, the other auxiliary beneficiaries may be eligible for more benefits since fewer people are taking a slice of the pie: http://www.socialsecurityinsider.com/2011/05/my-child-is-graduating-high-school-will-my-other-childrens-social-security-benefits-change/

  • Carol

    Can a mentally retarted child receive SSI benifits and SSD Benifits at the same time?  I am a single mom of a 14 year old Down Syndrome daughter in the severe range of the syndrome and I have a son that is 16 and diginosed at 1 born at 7 months with multipul disabilities.  ADHD ,Pervasive developemental Disorder, mental retardation and anxity. With these 2 children my ex and I agreed that i would stay at home and take care of them. After 18 years of mariage of him having affairs and a child with an other lady and his mental and emotional abuse , i was at the end . I felt that I couldn’t take care of my precious children anymmore ,so I had to leave and get a divroce. Little did I know that living on your own was so financially hard. With that I’m back to my first question , can my children receive both SSD and SSI at the same time?  Thanks so very much.   Mommy

  • http://www.Planet10Tech.com TomaszStasiuk

    This post discusses the children’s disability benefits under Social Security: http://www.socialsecurityinsider.com/2011/03/social-security-disability-benefits-for-children/

    Generally, children under 18 are potentially eligible for SSI benefits. However, household income comes into play: http://www.socialsecurityinsider.com/2009/08/how-parents-income-effects-childrens-supplemental-security-income-ssi-disability-benefitsth/

    After age 18, a disabled child may also be eligible for Disabled Adult Child benefits on the parents contribution to Social Security: http://www.socialsecurityinsider.com/2008/09/nidich-on-disabled-adult-child-benefits-dac/

  • guest

    my child who receives childrens benifits is pregnant and still in secondary school. will this affect her social security benefits

  • http://www.Planet10Tech.com TomaszStasiuk

    There are a lot of factors to consider, I can only suggest contacting Social Security ( 1-800-772-1213 ) for a definitive answer.

  • Ruthie carmona

    my sister is going to be 18 in october 2011. she didnt graduate but shes taking home studies for 1 month. what kind of college does she need to go in order for her to receive her social security benefits??

  • http://www.Planet10Tech.com TomaszStasiuk

    As quoted above: 

    “In general, benefits end when: a) The student graduates [high school]; or b) The student turns age 19 and two months, whichever is first.”

  • Jtrujillo5

    My daughter is 18 and has completed school but did not pass the aims test can she still get SS Survivor”s Benefits while still trying to pas her aims test?

  • http://www.Planet10Tech.com TomaszStasiuk

    The regulation does not mention state specific tests. The regulation discusses benefits ending at high school graduation, or age 19 and 2 months, whichever comes first. I encourage you to contact Social Security to see how your daughter’s benefits will be handled. 

  • kat

    if im geting ssi can i still go and try go to college?

  • concerned mom

    My 18 yr old just found out that she is pregnant.  She is a senior in High School. will her survivors benefits be affected as long as she stays in school ? Is she still eligible for her benefits while she is pregnant?

  • Destinym 77

    I am 18 years old and my father is ill so he is unable to work. The ssi was a huge help to us, i was wondering if i can keep getting it since were needed?

  • Serialmom2182

    Hey can a child that droped out off high school and still is 16 still get the check that comes out of the parents check. The child is not in school. Both of the parents get checks and the parents are not married. Please let me know that you.

  • http://www.Planet10Tech.com TomaszStasiuk

    My understanding is that Social Security does not require the child to be in school except when extending the typical cut off from 18 to 19. However, we are talking about auxiliary benefits which requires the parents receive SSDI, not SSI. If the parents are receiving SSI benefits, there are no auxiliary benefits for the children.

    Contact your SSA office for information about the specific circumstances of your case.

  • maureen

    my sister in law died of cancer at 42, and left 2 children 12 and 9..the father sent
    the 12 year old son to a ranch in florida when he was 15 and never looked back…ssi paid for his stay…he did not see him for at least 3 years…he is now 19 and over the age
    to stay at the ranch…he graduated high school but has no skills…his father will not
    let him come home…what can i do?

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi Maureen. You and your nephews have been through a lot. However, I cannot answer your question.

  • Brad

    hey i’m 17 but i’m about to graduate early so i won’t be 18 yet but i’ll be out of school a semester early will i still get my benefits until i turn 18 or will i have to stay in school to keep them. thanks for your help

  • Frank

    the 19 year old will come back someday and nobody will stop him. if you was good to him he will remember and when he gets ready he’ll come back. but bye law if your not a grandparent I don’t think you can do anything about it right now.some states has”grandparents rights law”. hope you the best

  • Allygirl010

    Yes

  • Alex

    Hi I am 18 im still in high school I would really like to get married now before I graduate will that efect my parents benefits

  • http://www.Planet10Tech.com TomaszStasiuk

    I am not sure what you mean by “parent’s benefits.” Children’s auxiliary Social Security benefits (paid because a parent is disabled or deceased) stop at the first of either: marriage, graduating high school or, turning 19 & two months (if still in high school). Check out the article above for details. For specific information about your benefits, contact Social Security.

  • Jevonmarcfarlane

    hey, My daugher’s father has 5 kids and passed. will the number of kids affect the amount of social security she would be getting?

  • Beautifulface4u

    I have two kids on SSI one is 18 one is 12…he quit school would his portion come back to my 12 year old until she’s 18?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Once a child is no longer receiving auxiliary benefits (not SSI), the amount of benefits available to other children *still* receiving auxiliary benefits may increase: http://www.socialsecurityinsider.com/2011/05/my-child-is-graduating-high-school-will-my-other-childrens-social-security-benefits-change/

    For specific information about your children’s benefits, I encourage you to contact Social Security.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    In Social Security survivor’s benefits cases, the amount of survivors may affect the amount each is paid if the “family maximum” is reached. You can think of dividing a pie into more and more slices. Everyone gets a smaller slice. Take a look at http://www.socialsecurityinsider.com/2011/05/how-much-does-social-security-pay-in-auxiliary-benefits/

    For specific information about how much your daughter and her children may receive, I encourage you to contact Social Security.

  • matthewlell

    What happens if a dependent becomes pregnant????

  • http://www.stasiukfirm.com/ TomaszStasiuk

    As far as I know, pregnancy would not disqualify an other-wise qualified (unmarried, under 18, or under 19 but still in high school) individual from receiving auxiliary benefits. 

    For specific information about this topic, I encourage you to contact Social Security.

  • Charla1995

    Hi i am 16 years old, and my mom been getting my check for about 6 years, and she really didnt do anything for me…but any ways since im 16 but im graduating high school in a couple months..n i want to go to college can i get my check in my name when i graduate of when i start college…???
    All i wanna know is can i get my check when i finish high school at 16 yrs old in my name???

  • http://www.stasiukfirm.com/ TomaszStasiuk

    I don’t know if Social Security would require you to be an emancipated minor or not. Give them a call 1-800-772-1213.

  • JRBeck

    My nephew’s mother passed away when he was 6 months old, he get’s $600 a month in SSI from this.  His father receives the monthly check and spends every dime of it, putting nothing away for my nephew and paying very little toward his care.  Is there any way you can ask for this money to be put in a trust for the kid until he turns 18?  If not his father will squander well over $100,000 and the kid will have nothing when he turns 18.

  • Socialsecurityadvice

    If you believe the father is misusing the child’s Social Security survivor benefit, you can visit your local Social Security office and request a change of payee to either yourself or another relative that cares for the child.  $600 is not a lot of money.  If the father provides shelter, food and clothing, that could be well over the $600 benefit.  He is legally allowed to spend the child’s money on the child’s pro rata share (based on the number of people in the household) of house payment or rent, taxes, insurance, utilities, car payment (if used to transport child), car insurance, etc.  The father is not required to save any money if those expenses exceed the amount of the benefit.

  • Mymonkey

    Nothing. Benefits are not increased nor decreased. At least that is my experience from when I had a baby at age 17, while on survivor’s benefits.

  • Jodiscruzin

    Does the medicaid benefit continue for a child who is over 18 still full time in high school, or is it just the monetary allotment? 

  • Jodiscruzin

    My daughter is currently receiving benefits from her fathers disability.  She graduates high school @ 19 in  June 2013.  How long will her benefits continue.?

  • Djuilfs

    My son should be in High school till June, but because of haard work and good grades graduated at semesterm and is now a full time college student. He turned 18 in January and would have gotten benefits till he graduated in June, so why should he be penalized for working hard?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    You have the regulation: 20 CFR 404.350. Petition your members of Congress amend the reg to add to include college as well as secondary education. 

  • Ja_bogle

    Hi I need to know what form if any I need to fill out to continue receiving ss benefits for my child of 18 who is still in high school till june

  • http://www.stasiukfirm.com/ TomaszStasiuk

    I am not aware of any form. However, if you have received notice of you child’s benefits stopping earlier than expected, give SSA a call 1-800-772-1213.

  • micke

    I am 17 and will be 18 next month. I dont liv with my parents for 3 years but they get my disability check. I live with friend of theres. at 18 i still in school can i get my own money then. they dont give me any or pay any to the place i live.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    I don’t know. However, if your do not reside at your parents and they do not pay your support, you may be able to change the payee now. Give your local Social Security office a call to see what they say. Good luck!

  • Pat

    I will be 18 in May. At that time I plan to move out of my mothers home and live with some friends. I will still be in high school. Can I have the money put into my name at that time?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    You have a right to request to be appointed your own payee: http://www.ssa.gov/payee/faqbene.htm

  • concerned mother

    Does auxillary benefits for a child born from a disabled person (receiving benefits) become retroactive from the time of birth even IF the mother doesn’t apply until the child is 2?

  • Toodie_7

    I am currently 19 and my father just pasted three weeks ago and he recieved SSI am i able to get his finds being that I am a full time student and he was the one paying for my schooling

  • http://www.stasiukfirm.com/ TomaszStasiuk

    I am sorry for your loss. 

    A deceased person’s benefits have to be returned to SSA: http://www.socialsecurityinsider.com/2012/02/can-you-keep-the-social-security-check-for-the-months-someone-dies/ There are Social Security survivor’s benefits if the disabled person was on SSDI (not SSI). However, those often end at age 19 unless the child is disabled. http://www.socialsecurityinsider.com/2010/01/what-are-social-security-auxiliary-benefits/  To determine if you are eligible for any benefits based on your father’s death, you should contact your local SSA office.

  • Lovemymoody88

    my finecee is 23 and his dad is disabled and his mom is receving child support checks for him monthly right now at this moment. so we are wondering if he would be intitled to those benfits in any way.

  • Littlepicky2

    Hello, my son is turning 18 on the 29th of this month. SSI sent me a letter saying he is getting cut off this month due to him turning 18. I took the paper to SSI and they gave me papers i need to take to the school and have them filed out and return them. They said with him attending school full time He will still get his benifits until he graduates or turns 19 and 2 months while still in school..

  • Littlepicky2

    hi my son is turning 18 this month. We have had his back pay in a savings account for 2 years now. They said when he turns 18 he can use that money on what ever he wants. But when i went to SSI they said he can only use them on things they will approve like, medical etc… Is it cause he is still in school and not graduating till he turns 19 the reason why he can’t use it all yet? And also he will still be getting his monthly payments? Thank you

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Children’s SSI cases are reevaluated at age 18 to see if the child still qualifies for disability under the adult standard: http://www.socialsecurityinsider.com/2011/04/childrens-ssi-cases-after-the-18th-birthday/ 

    Social Security may decide that the child’s disability continues or that the child does not meet the adult standard for disability. 

    There are limits on how a parent can use a child’s SSI benefits — to make sure the benefits are spent for the child’s benefit: http://www.socialsecurityinsider.com/2012/03/parent-misusing-childs-social-security-benefits/ 

    I am not aware of limits on how an adult can spend their own SSI benefits. However, I am not certain. I encourage you to discuss this further with Social Security.

    Good luck!

  • Jacob_jolly1230

    Well i might be moving in about a week or to back to texas and i was wondering. If i will still be able to get my survival benifits. Since im changing schools and i keep seeing things saying once i chane schools I will stop getting it.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    I don’t know what you are looking at. I am not aware of any reason why a move should stop survivor’s benefits. Of course I can imagine a variety of situations related to a move (such as not being registered in the new school district causing problems with the full time student requirement). However, that is not the move itself; it is simply that you still have to meet the eligibility requirements. 

    You may want to give SSA a call ( 1-800-772-1213 ) and discuss how to avoid problems and keep survivor’s benefits going during a move. 

    If they give you some good tips, let me know so I can put them up here.

  • Jcbsrbcc

    my son is home school and gets social security because of his dad. he turns 18 in November and I was wondering should i go talk to social security office about him being home schooled. he has two years left.

  • holydps

    If a parent that is receiving this from the death of one parent to take care of a child, will the child still receive it if they emancipate themselves before the age of 18?

  • Sylvia

    I have 2 children receiving ss, my son just turn 18. And ss has stopped for him. I was told by a friend my daughters ss will go up now. Is this true?

  • http://www.stasiukfirm.com/ TomaszStasiuk
  • Nikki

    Hi my daughter is 18 and receiving a survivors benefit check cause she’s a junior in high school full time. NOW she is about to start this A.C.E. program that she will have to go to school now only 3 hours a day, THAT’S IT! Will she lose her monthly check? Considering its NOT full time??? Pleeeease I need answers

  • timzzy123

    I’m 17 I get my ss till I’m 19 if I move out of my moms house when I turn 18 but still go to school will my ss check stop?

  • brandi c.

    I am 16 and am graduating in may this year because I have worked hard. and am starting college in fall will I lose my benefits that I receive from my dad because I am finishing early.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Hi Brandi. Good job on the hard work you put in! I am sure you will go far.

    The regulations state a person has to be a full time student in primary or secondary eduction to receive survivors’ benefits (the benefits do not continue into college unless the person is disabled). This suggests that if a person graduates early, the benefits will also end early.

    However, I encourage you to contact SSA at 1-800-772-1213 to see how Social Security will address your particular circumstances.

    Good luck Brandi! Let me how it turns out.

  • Caitlyn

    I am a 16 year old in high school who receives ssi benefits, if I were to get a job how would that effect my entitlements?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    This post covers Social Security Title 2 survivor’s benefits. If you are receiving Title 16 Supplemental Security Income (SSI) benefits, because you are a disabled, child, these posts may be more helpful: http://www.socialsecurityinsider.com/category/benefits/childrens-ssi/ particularly this one http://www.socialsecurityinsider.com/2011/03/social-security-disability-benefits-for-children/.

    Keep in mind this is general information only. For specific information about how a job will impact your specific circumstances, I encourage you to contact Social Security or a lawyer in your area.

    Good luck!

  • Breanna

    I just got a letter in the mail, I turn 18 tommorrow I’m a junior in highschool. So I have my upcoming senior year left. They said my benefits will be cut of and I am very depending on this check this month. If I go into the office, Is there any way I can make sure I get it this month since I still qualify.? Please help, I am very worried.

  • Monique

    I’m 18 and i just graduated high school last month. would they send me a notice explaining when my last check would be or how long after graduating does my checks stop coming?

  • nkess

    My daughter who lives with me, is 17 and receives SSI through her father (not in the home), who is disabled. My question: She is still attending school full time, (it is an online high school program (fully accredited)), but I just found out she is pregnant.
    Will her being pregnant disqualify her from receiving benefits? Thank you.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    To the best of my knowledge, pregnancy does not alter eligibility for Title 2 auxiliary benefits for a minor child. However, getting married or no longer being a full time student in high school (which sometimes accompany pregnancy) would affect eligibility.

    For specific information about your daughter’s eligibility, I encourage you to contact Social Security or a lawyer in your area.

  • Alyssa

    I ready applied for a continue of my benefits as I will be 18 in September and going into my senior year, so I will still recieve benefits except that they will go to ME? And NOT my Gaurdians right? They will come in my name? They have no right to cash the checks for themselves right? I don’t trust my family and I was wondering if they could get into big trouble if they are lying about my checks not coming and stuff… I want to get a bank account so it would be an automatic transfer and I ask my aunt, my gaurdian, about taking me this week and she said “mhm” like a suspicious way of saying “no I don’t want you to have your own account because I want the checks to myself” she’s a money whore. I have so many questions!!!! She lies about the money not coming and we moved so we have a different address and she said she changed the address but I called social security and asked and they said no and that the checks were still being held. My aunt doesn’t cash the checks she gets and I don’t know where she puts them and she lies about it. Please help

  • http://www.stasiukfirm.com/ TomaszStasiuk

    You need to contact Social Security about getting the checks sent to you.

  • Erika

    I turn 18 this month and have received Social Security benefits since I was 9 due to my father passing. I recently found out that even though I enrolled in college as soon as I graduated High School I still won’t receive my benefits. Is there any other student benefits Social Security offers for full time students?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Hi Erika,

    Survivor’s benefits end at age 18-19 (if still in HS) unless the individual is disabled. That’s the only exception I am aware of.

  • Joahna589

    Hi, I just want to know if there is still a posibility of claiming the benefit from my Dad, I’m turning 18 on September 5 and a college student. I don’t able to apply earlier ‘coz I just knew it recently.

  • Joahna589

    Can I still apply to get the benefit from my father for the past years ? I was born on 1995 and he died a year after. I’m turning 18 this Sept. 5. What I mean, is there any chance for me to still apply and claim the benefit which I missed for the past 18 or 17 years ?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    It may be difficult. The general rule is that you have to apply to qualify. For specific information about your eligibility for survivors’ benefits, I encourage you to contact Social Security.

  • Undefinedlie

    When your 18 and the check comes in your name is it now yours or does the parent still in charge of it

  • Undefinedlie

    Get it*
    Sorry forgot that part.

  • BlackRazor54 .

    Well my kid turned 18 in April, got was getting his check just fine, then in Sept. they cut him off saying he wasn’t eligable anymore because he was 18, but he is still a full time student in HS! I filled out all the paperwork like the guy at the local SS office told me to and the school did as well but he has yet to get his check back or back pay and I get a letter from them asking me to pay back $715 May-Sept. checks, which he was eligible for, they are so F’ed up! I cant get anyone at SS to get off there butts to fix this!

  • jv

    Is there a way for a 22 year old full time college student to receive social security checks from a deseced parent’s social security?

  • Need help

    My daughter is incarcerated and her son receives social security for autism. I am keeping her son while she is incarcerated. How do I change the check until she gets out

  • http://www.stasiukfirm.com/ TomaszStasiuk

    The local Social Security office can walk you through the process. Good luck!

  • guest787

    Im 16 and im becoming a father can I lose my benefits or would it continue

  • http://www.stasiukfirm.com/ TomaszStasiuk

    You don’t mention what benefits you are currently getting (disability? survivors?). Your local SSA office can discuss what may happen to your benefits when you become a father. Oh, and congratulations!

  • Tiffany Nicolle

    My brother in law is 19 He would like to leave his fathers & live with Myself & His older brother. The father say’s that in order for that to happen my brother in law must have me or My Husband take over His check & That My brother in law is not allowed to just have it himself. Is this true? We just are not wanting to be in charge of it because of the Family issues it may cause. His reason for his check is spina bifida. There are no mental issues
    .

  • http://www.stasiukfirm.com/ TomaszStasiuk

    It depends if SSA requires a payee. The local SSA office (or the national call center) should be able to abswe that for your brother. Good luck!

  • Lynda

    My granddaughter is not disabled. She is 18 almost 19 and for the past year her survivor’s benefits have been deposited in her own checking account. Will she have to return any money that she has in savings or in her checking account when she graduates this spring? Thank you for your help?

  • libertyanyday

    you can get the check, but you also get to move out and pay all your own way….

  • Heritage

    I retired at 65 and took my Social Security, I was ask to come back to work for another company ,will the funds that I am now paying increase my monthly S S payments?,if not should I stop having that takuing out of my pay check.?

  • krb101

    Okay i am 18 years old and still attending high school. I get a social security check because I’m still attending school, but mainly because my dad is disabled and he gets a check. I am supposed to get my check until i graduate shortly after 2015 starts around February. I just now found out that i am pregnant and i wanted to know if they were going to cancel my check because of it. An answer would be greatly appreciated!

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Pregnancy is not a disqualifying event. However, being married or no longer being a full-time student will stop Social Security auxiliary benefits.

  • ap223

    Im 17 and I get an ssi check from my dad being gone . I don’t get the check my mom does and uses it on her self and I don’t even live with her. I have a 9 month old that I have to take care of , is there anyway that I can get my check ?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Contact your local SSA office (or the national line at 1-800-772-1213) and they can walk you through the process of either changing rep payee and/or reporting abuse of your benefits.

  • ap223

    Would they give all the money back that my mom never used on me ?

  • Brittnee Gilmore

    Hi! I’m 16 years old and I am in a serious relationship. We’re talking about marriage and kids. My half sister has fought so hard to try and get my benefits from my grandmother. I get 1300 from my daddy passing away. I was wondering if I’m still going to school and get married, will I be able to receive my survivor benefits? Thank you!

  • http://www.stasiukfirm.com/ TomaszStasiuk

    A person has to be unmarried to receive survivor’s benefits.

  • Nicolina Bolognese

    Hi, I turn 18 September 20th. I am currently enrolled in college and receive ssi due to my father being disabled. Is there any way to extend my ssi because this is the only finacial stability i recieve

  • http://www.stasiukfirm.com/ TomaszStasiuk

    The only exception for extending auxiliary benefits that I am aware of is in cases where the child is disabled.

  • Ama

    Okay hi im19 im a full time student but i dont get help i pay cash. Can i still get it???help

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Contact your local SSA office or call the national toll free number at 1-800-772-1213 and they will let you know what benefits you may be eligible for. Good luck!

  • confused mom

    Hi Mr. Stasiuk, my husband is disabled and receiving SS disability. My daughter is 17 and will be 18 soon. She is also disabled with autism and developmental issues but has been receiving benefits as a dependent of her father. My question is, do I apply for continuing benefits for her as a dependent that hasn’t graduated high school yet, or as a disabled adult child, or both? I am trying to avoid a lapse in her benefits.
    Thanks for your help

  • http://www.stasiukfirm.com/ TomaszStasiuk

    If Social Security does not know (and acknowledge) a child is disabled under the SSA regulation, I could see there being a gap once the child starts to age out of the auxiliary benefits program. I would contact the local SSA office to see what they recommend.

    If SSA says to wait until the child turns 18, I would expect the usual processing time (4-6 months for the initial decision and around a year for a hearing — timing dependent on if home state has the reconsideration step or not).

    I expect (hope?) that they have a better suggestion that will not result in a gap in benefits.

  • Laurie

    If a 17 year old is receiving benefits due to being a dependent minor petitions for and becomes emancipated, do the ss benefits stop since the recipient is no longer considered a dependent minor?

  • reuben

    I am 19 and I will turn 20 next year in February but I am still a full time 12 grade student can I still get benefits from father

  • http://www.stasiukfirm.com/ TomaszStasiuk

    The general rule is Social Security aux benefits stop when the student graduates [high school]; or the student turns age 19 and two months, whichever is first.

    Social Security can tell you what will happen under your specific circumstances.

  • brandyjojo

    My grandson started receiving SSI when he turned 19 after a motorcycle accident and is determined to have traumatic brain injury. He never worked as he just graduated from high school. I was wondering why he didnt draw regular social security from his dad’s account instead of SSI benefits

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Of course, I do not know what happened in your grandson’s particular care. In general though, if an application for DAC (disabled adult child) benefits is not specifically requested, it is possible SSA will process the claim for SSI benefits only.

  • Speed Dog

    I was curious about this too. My son’s mother takes the money but the check is in his name. He gets SS because I get SS. I am his father and he lives with his mother most of the time and has another year of HS. Interesting point is if there is an overpayment and the SS wants some back then would he be responsible for the payment when his mom was taking all the money?

  • Alexismom1

    My daughter just turned 16 on August 3rd, she will hopefully graduate high school by the time she is 17. Will she continue to receive benefits until she is 18?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Unless the child is disabled, finishing secondary school (aka high school) is usually a terminating event. For specific information about your child’s benefits, I encourage you to contact Social Security.

  • Cindy

    If a child is 18 and is a senior in highschool, wants to move out of his home. Can he get the benefits sent to him until he graduates from highschool?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Quite possibly. However, while graduating secondary education (high school) is one terminating event, turning 19 is another. My recollection is that benefits are actually stopped at nineteen and three months. Check with your local SSA office for information about your specific set of circumstances.

  • crystal

    I have two children, son (14) and a daughter (18). My daughter’s survivors benefits ended since she graduated high school. I want to know if my son will get any of the money my daughter was receiving. I have called twice and was told different things. Any information would help. Thanks.

  • http://www.stasiukfirm.com/ TomaszStasiuk
  • Aubrey

    What if im enrolled in school still but stop going for like a month will they end it? I get survivors benefits.

  • http://www.stasiukfirm.com/ TomaszStasiuk

    Good question! Will the school / school district still consider you a full-time student if you stop going for a month?

  • glen

    What if the child does not have the deceased parents last name does the living parent have to change the childs last name in order to qualify for survivors benefits?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    A last name does not determine who someone’s parents are. Social Security will often look at the birth record or hospital records. Those are some of the easiest ways to determine paternity.

  • michael

    i am about to turn 18. But i still get mu benefits until im 19. but i have to stay in school. Can i do an online school and still get my benefits until im 19?

  • http://www.stasiukfirm.com/ TomaszStasiuk

    One of the requirements is that the “child” has to be a full time student in primary or secondary education (high school). You would have to check with your school/school district to find out if taking online classes would still qualify you as a full time student.

    Note: even if it would, that doesn’t guarantee there won’t be problems, but it is the first issue I see based on your question.

  • chris

    I am 18 a full time student in collage and I am trying to pay for my collage I don’t want to drop out I don’t know what to do I have 2 weeks to figure something out please help