Can adopted children receive Social Security benefits because of parent’s disability?

Tomasz Stasiuk — Thu, 07 Jan 2010 13:00:04 +0000

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 has a number of regulations used to decide if a child in these circumstances qualify for auxiliary benefits.

20 CFR 404.335 deals with a natural child.
20 CFR 404.336 deals with a legally adopted child.
20 CFR 404.337 deals with step children.
20 CFR 404.338 deals with grandchildren or step-grandchildren.
20 CFR 404.339 deals with equitable adopted children.

Even if none of these regulations apply (for example: in cases of a guardianship), you may still want to talk to someone at Social Security to see if the children might qualify under this or another Social Security program.

Disability Tips » Guardianship

Can adopted children receive Social Security benefits because of parent’s disability?