I was recently asked if Social Security child’s benefits continue for a full time student who is 18 or over. At first blush, the regulations seem to suggest it might be possible.
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. Under this section, it appears an individual has to be either:
- Under 18; or
- A Disabled Adult Child (DAC); or
- 18 or older and a full time student under §404.367.
There is a “however.”
However, §404.367 only deals with primary and secondary school students. In fact part “e” specifically requires that “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.
Good info. I think another way benefits may continue is under section 301 if they have an open case with VR.
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:)
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.
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?
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.
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?
can mt daughter keep drawing her check from her dad after shes 18
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!
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).
Also, take a look at http://www.socialsecurityinsider.com/2010/02/ho...
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?