12Jan

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

By Tomasz Stasiuk, January 12th, 2010 | Children's SSI, Definitions, Disabled Adult Child DAC | 83 Comments

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:

Under 18; or
A Disabled Adult Child (DAC); or
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.

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.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

Also, take a look at http://www.socialsecurityinsider.com/2010/02/ho…
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/