Dependency in Children’s Social Security auxiliary benefit cases

By Tomasz Stasiuk, July 5th, 2010 | Building a Case | 6 Comments

Children of disabled parents, who receive Social Security Title 2 Disability Insurance Benefits (DIB), may be entitled to auxiliary benefits.  However, Social Security has a number of requirements:

(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.

I have previously written about auxiliary benefits for children, auxiliary benefits for legally adopted children, stepchildren & grandchildren, when children’s benefits end, when children’s benefits can be extended for full-time students, and other articles in this area. For all the articles on auxiliary benefits, click here.

“Dependency” requirement for Social Security Auxiliary benefits

Part (a)(2) states that the child has to be dependent on the insured. This is typically the disabled parent, but it can also be a step-parent, grand-parent, or adopted parent. Dependency does not always require financial support and requires different evidence depending on the relationship between the child and the insured (20 CRF 404.360): For example: A natural child is automatically considered dependent (20 CFR 404.361).

However, things get tricker for in cases of legally adopted children, step-children and grandchildren. Here are the regulations you need if you fall into one of these categories:

• §404.362 When a legally adopted child is dependent?
• §404.363 When a stepchild is dependent?
• §404.364 When is a grandchild or step-grandchild dependent?
• §404.365 When an equitably adopted child is dependent?

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.