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.
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.
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 Auxiliary benefits for children in a separate household
A reader asked if a child can still receive Social Security auxiliary benefits if she is living apart from the disabled parent:
If I have legal guardianship of my nephew and my sister is receiving SSDI. Can I apply to receive the benefits for his caretaking? My sister has been told that she could receive benefits for him, but unless she gets to keep it, she won’t apply for it, saying that the SS office told her it was only if he lived with her. Is that true or could I apply for him?
This is similar to a situation I wrote about concerning …
Paternity and children’s Social Security benefits
Children can often receive Social Security benefits if a parent is disabled or deceased. I have previously written about these kind of Social Security auxiliary and survivors benefits. However, there are times when proving paternity becomes an issue. Here are a couple of situations where this comes up:
Parents separate and, the non-custodial father becomes disabled (potential auxiliary benefits based on a disabled parent).
Common law marriages with a disabled husband or wife splitting with the father denying paternity (potential auxiliary benefits based on a disabled parent).
Father dies (potential survivors benefits based on a deceased parent) but Social Security denies the claim because there is not enough evidence proving paternity.
Note: most of the examples deal with paternity. However, the same laws apply if there is a question of who the mother is.
Also, I am focusing on resolving paternity without a court ordered DNA test or exhumation.
Social Security has regulations describing when a child is a “natural child” of the parent (full text below). Note: for adopted children, check out this article.
According to Social Security’s regulations, a child may be eligible to receive benefits from the insured if:
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 ; 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:
Can adopted children receive Social Security benefits because of parent’s disability?
Children can get Social Security benefits if they have a parent who is receiving Social Security Disability Insurance benefits (SSDI). 20 CFR 404.350 is the regulation dealing with who is entitled to Social Security child’s benefits. Generally, the child has to qualify as the parent’s child (more on this in a moment), be dependent on the parent, unmarried, and under 18.
What happens in cases of grandparents, step-parents, or parents who adopt children? Are their children entitled to Social Security child’s benefits?
Social Security …
What are Social Security auxiliary benefits
When a disabled individual receives Social Security disability insurance benefits (also known as DIB, SSDI or Title 2 benefits), their spouse and/or minor children may also be eligible to receive Social Security benefits. These benefits paid to the spouse or minor child are called “auxiliary benefits.”
Wait a minute, I’m on SSI, but my kids didn’t get any Social Security benefits.
Whether a spouse or children receive Social Security benefits depends on which Social Security benefits the spouse or parent is receiving. There are two kinds of Social Security disability benefits: Social Security disability insurance (SSDI) and Supplemental Security Income (SSI).
Note: …
Can Social Security immediately pay disability benefits to children?
Yes. Under some circumstances, Social Security can immediately start Social Security disability benefits, and continue to pay benefits for up to six months, while the state agency component of Social Security makes a formal decision of whether the child is disabled. These are called “Presumptive Disability” cases.
Basically, Social Security is saying that the child is probably disabled, and as such will pay benefits, while it reviews the case to confirm the presumed disability.
Here are the conditions that may qualify:
Will it hurt my child if I apply for children’s SSI Social Security disability benefits
I was asked to address some of the issues parents should consider when deciding whether to start an application for Social Security disability benefits (typically children’s Supplemental Security Income – SSI – benefits) for their disabled child.
Many parents worry that if their child receives Social Security disability benefits, they will be labeled as “disabled,” and carry that for the rest of their lives. Even beyond being on disability, the child may be diagnosed with a socially stigmatizing condition such as mental retardation.
I want my child to have a normal life. I want my child to overcome this. Will being “disabled” make my child stop trying?
I believe that disability can …
My ex is disabled, can our kids get benefits?
I was recently asked this question:
My Ex is getting Social Security disability benefits. I have custody of our kids. Can my kids get any benefits because of my ex’s disability?
Perhaps, but you have to meet several requirements:
The disabled parent must be receiving Title 2 Social Security Disability benefits. If the parent is receiving Title 16 SSI benefits, there are no auxiliary benefits available. Auxiliary benefits are benefits paid to a spouse or minor child of a disabled individual.
You have to be able to prove that the child is the child of the disabled parent. This is usually a non-issue, but there are instances where this is disputed. For example: …
Social Security children’s SSI tip: keep those school write-ups!
One of the best tips I can give about building a child’s Social Security (Supplemental Security Income) case is to hold on to any disciplinary report, office notes, write ups, teachers notes, detention or suspension notices, etc.
This includes notes for:
Talking out of turn
Not following instructions
Not sitting down
Fighting
Yelling
Being disruptive
Cursing
Throwing things
These documents are an important source of independent evidence about the child’s problems at school.
“Independent evidence” is key. Social Security looks for corroboration of the problems the family will tell them about. Reports from teachers, counselors, administrators, coaches, can be extremely valuable in proving the type and severity of the child’s problems.
Unfortunately, based on my experience …
When do Social Security children’s benefits stop?
A child may be entitled to receive Social Security child’s benefits if a parent dies. These are called survivor’s benefits.
However, under Social Security Regulations (20 CFR 404.352), the entitlement to child’s benefits may end for any of the following reasons.
Can a child get Social Security benefits if a parent dies?
Children can be entitled to receive Social Security child’s benefits if the deceased parent was fully insured by Social Security and if they meet 5 tests:
The child is the insured person’s child. See §§404.355 through 404.359;
The child is dependent on the insured. See §§404.360 through 404.365;
The child applies for benefits;
The child is unmarried; and
The child is under age 18; – OR – 18 years old or older and has a disability that began before the child became …
