Social Security benefits for dependent parents of a disabled or deceased child
A little known provision of the Social Security system allows parents to receive Social Security benefits if their child dies or becomes disabled. These are called Parent’s Benefits, which can easily be confused with Mother’s and Father’s Benefits (which are paid when one parent dies leaving the other to care for a child under 16 years of age).
Social Security Parent’s Benefits are not available every time a child dies or becomes disabled. The critical elements are that the parent is at least 62 years old and dependent on the disabled or deceased child.
Social Security widow’s benefits for divorced spouse
Can a divorced husband or wife collects Social Security survivor’s benefits (widow’s or widow’s benefits) after a divorce?
Yes, in some circumstances, they can.
Here is a summary of the requirements:
You had to be married for at least 10 years before the divorce became final.
You are at least 60 years old; or you are at least 50 years old and have a disability.
If you are at least 50 and have a disability, the disability had to start not later than 7 years after the insured died or 7 years after you were last entitled to mother’s or father’s benefits or to widow’s or widower’s benefits based upon a disability, whichever occurred last.
You are not entitled to an old-age benefit that is equal to or larger than the insured person’s primary insurance amount
You are unmarried, unless for benefits for months after 1983 you meet one of the following conditions:
You remarried after you became 60 years old; or
You are now age 60 or older and you remarried after age 50 but before attaining age 60 AND at the time of the remarriage, you were entitled to widow’s or widower’s benefits as a disabled widow or widower; or
You are now at least age 50 but not yet age 60 and you remarried after attaining age 50 AND you are disabled AND your disability began within the specified time of subsection c in the regulation listed below.
Want an even simpler version? Here is a short and sweet version (with the exceptions cut out):
Does adoption cut off survivor’s benefits for children?
I previously wrote about when a child qualifies for survivor’s benefits. I was recently asked if adoption stops Social Security survivor’s benefits for a child.
If a child receives benefits from a deceased parent and is adopted by a step parent, can he still receive benefits from the deceased parent?
I had to confer with colleagues familiar with this topic.
Adoption after entitlement to benefits is not a terminating event.
However, adoption prior to entitlement to benefits might prevent entitlement. There are cases which have gone either way. It depends on the laws in the State where the worker died and other circumstances.
It is always a good idea to check with your local Social Security …
Is a 504 plan or IEP enough to win Social Security children’s benefits
My Colorado law office handled a number of Social Security disability benefits for children. Often parents have a 504 plan or an IEP (Individualized Education Program) from the school. Parents often ask me if this is enough to have their child approved for children’s disability benefits.
Unfortunately, typically not. While a 504 plan or an IEP is good evidence and often contains useful information about the child’s disability, it is often not enough by itself.
There is no single formula for winning a disability case. There is a wide range of possible …
Effect of another child on Social Security auxiliary benefits
When a parent receives Social Security disability benefits, specifically SSDI (not SSI), his or her minor children are often eligible for Social Security auxiliary benefits. The minor children are still potentially eligible for these benefits even if the parents are divorced, and even if the children live with the non-disabled parent.
I was recently asked how adding another child will affect the amounts paid to the disabled parent’s children living in a separate household.
How much does Social Security pay in Auxiliary benefits
In addition to paying disability benefits for disabled individuals, Social Security also provides benefits for their minor children and also the spouse (if taking care of children under 16 year old). Note: these auxiliary benefits are only available if the disabled individual is receiving Social Security Disability Insurance benefits (SSDI aka DIB). There are no auxiliary benefits (no benefits for spouses or children) for individuals on Supplemental Security Income (SSI).
Ok. How much can a spouse or child get in auxiliary Social Security benefits?
All eligible dependents can receive up to 50% of the wage earner’s (typically the disabled individual’s) benefits. However, the combined total of all auxiliary benefits cannot be above the family maximum.
My child is graduating high school, will my other children’s Social Security benefits change?
This question comes up in the comments from time to time.
My children receive Social Security auxiliary benefits because my spouse is disabled. My oldest is graduating high school next month. Social Security has told me that my oldest’s benefits will be stopped.
Will my other children’s benefits go up?
Fortunately, the answer is often, “YES!”
Here is Social Security take on this issue from their FAQ page:
Social Security Family Maximum for disability benefits
Social Security pays benefits to spouses and children of disabled parents. The requirements for spouses and children are discussed the linked article.
However, as many parents discover, there is a cap on auxiliary benefits. Taken directly from Social Security:
Benefits are payable to spouses and children of disabled workers, but such benefits are limited. The family maximum for a family of a disabled worker is 85 percent of the worker’s Average Indexed Monthly Earnings (AIME). However, it cannot be less than the worker’s PIA nor more than 150 percent of the PIA.
Note: rather than trying to figure out …
Children’s Social Security Disability Cases and Early Impairments
Many people ask me about whether their children will qualify for Social Security benefits based on medical conditions early in their lives:
We have two adopted children that we have had since birth. One is now 14, but was born at 26 weeks weighing 1lb 14 ou. The other is now 12 but was born at 32 weeks at 3lbs 5oz.
Are they eligible for Social Security benefits now?
It is important to remember that Social Security benefits for disabled children fall under the Supplemental Security Income (SSI) program. Just as in adult SSI cases, children can only receive benefits as of their protected filing date (PFD); there are no benefits before the PFD.
That means Social Security will focus its attention on whether the child is disabled at present. There is actually a bit of wiggle room here as there can be an issue of disability starting before the PFD. However, the period of disability has to continue through the protected filing date. If you cannot show the child is disabled as of the date of filing a claim for Social Security child SSI benefits, while the child may have been disabled in the past, there are no benefits available to the child and there is no case.
Do Social Security auxiliary benefits reduce child support?
Several people have asked if the auxiliary Social Security benefits (benefits paid the the spouse and children) of a disabled person receiving Social Security Disability Insurance reduce child support or spousal maintenance payments.
Colorado Springs family law lawyer Yolanda Fennick tackles this topic in today’s guest article:
Child support is paid on behalf of minor children who are entitled to support by their mother and father, despite disability. When courts calculate child support, judges initially look at the gross income of mom and the gross income of dad. When one or both parents are disabled, the judge will want to know the amount and source of the Social Security benefit the parent is receiving to begin the analysis in either a child support or maintenance case. The amount of Social Security received may or may not be used to calculate child support.
Child SSI cases after 18th birthday
Disabled children can apply for Social Security benefits under the Title 16 children’s Supplemental Security Income (child SSI) program. Children’s cases are considered differently than adult disability claims. However, after a child turns 18, Social Security applies the adult standard to decide disability. Note: children between 18 and 22 may be eligible for Disabled Adult Child benefits based on their parents’ contribution to Social Security.
What happens if a child turns 18 before Social Security decides if the child is disabled?
Here is what Social Security says on this (20 CFR 406.924):
If you attain age 18 after you file your disability application but before we make a determination or decision. For the period during which you are under age 18, we will use the rules in this section. For the period starting with the day you attain age 18, we will use the disability rules we use for adults who file new claims, in §416.920.
Put another way, Social Security will consider disability under the child standard for the portion of time the individual was under 18, and use the adult standard for the portion of time the individual was 18 or over. That means you, in effect, have to prove the case twice: once under the child standard and again under the adult standard.
Social Security Disability Benefits for Children
Disabled children under age 18 can receive Social Security disability benefits under the Supplemental Security Income (SSI) program, or “Child’s SSI.” In order to qualify for children’s disability benefits, Social Security requires that the child:
Is not working at a job that Social Security considers to be substantial work; and
Has a physical or mental condition (or a combination of conditions) that results in “marked and severe functional limitations.” This means that the condition(s) very seriously limits his or her activities; and
The condition(s) has lasted, or is expected to last, at least 1 year or is expected to result in death.
Note: some conditions result in presumptive disability decision. If your child has one of these condition, he or she may be able to be instantly approved.
However, the majority of children’s disability cases focuses on the second part, the requirement of that a condition produces “marked and severe functional limitation.” There are several ways of doing this:
Social Security disability benefits in a half-way house
Even though you cannot receive Social Security benefits during incarceration, can you get disability if you are out of jail or prison and residing in a half-way house?
Under the Social Security regulations, the answer is “no.”
“I was transferred from prison to a halfway house that is under the control of my state’s Department of Corrections. Can I have my benefits started again since I am no longer in prison?”
No. Social Security will not pay benefits while you reside in any facility under the authority of your state’s Department of Corrections. Even though you are no longer in prison, you …
No increase in Social Security SSI disability benefits in 2011
Social Security announced today that there will be no increase in Social Security Supplemental Security Income (SSI) disability benefits for 2011. The Federal Benefit Rate (FBR) – the maximum monthly rate for SSI benefits – will stay at $674 for individuals per month, and $1,011 per month for couples.
Historically, SSI benefits have increased annually. The last increase was in 2009 increasing maximum SSI benefits from $639 to $674. This makes 2011 the third year in a row that SSI benefits are staying at the same rate. More information about changes to Social Security in 2011 including substantial gainful activity (SGA) and trial work period (TWP) amounts can be found …
Social Security disability benefits and home monitoring
Will your Social Security benefits (Social Security disability insurance – SSDI, or Supplemental Security Income – SSI) stop if you have to wear an ankle bracelet or other type of home monitor?
The answer is no. Social Security does not consider in home detention as “incarceration” which would normally stop payment of Social Security benefits to the disabled individual.
So, having a home ankle monitor will not stop your Social Security benefits.
