WILL MY CHILDREN GET BENEFITS IF I’M ON DISABILITY?
If you win Social Security disability benefits, then you may wonder if your children can receive benefits too. The answer depends on whether you’re receiving SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefits. Only SSDI benefits are available to a child if a parent is getting SSDI benefits. SSI does not provide benefits for dependent children.
To qualify for SSDI benefits, the child must be the biological child, adopted child, stepchild, or sometimes even a grandchild or dependent relative of a worker. Furthermore, for the child to receive benefits, the worker must getting Social Security retirement or disability benefits. Or, in the case of survivor benefits, the worker must have passed away.
THE DIFFERENCE BETWEEN SSDI AND SSI BENEFITS
Below is an explanation as to each type of benefit you can apply for if you have a severe medical disorder that prevents you from working for over one year:
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who have worked in the recent past and can no longer work at any job due to a medical condition. The amount of money you will receive from SSDI benefits every month is based on the Social Security tax you paid while working. To qualify for SSDI, you must have earned enough “work credits.” A work credit is an amount of taxable income. Your child can receive an SSDI payment every month if you qualify for SSDI benefits.
You can earn up to 4 work credits per year, as there are 4 quarters in a year. The amount of work credits you need depends on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you can only apply for Supplemental Security Income benefits.
Supplemental Security Income (SSI):
SSI is needs based program for those people with very little income, such as children and the elderly. Anyone who earns more than a certain amount of money per month cannot file for SSI benefits.
For example, if your spouse makes more than $5000 a month, then that income is also yours and you would not qualify for SSI benefits. Therefore, if you are married and are filing an SSI application, the income of your spouse will determine whether you qualify for SSI benefits. You cannot qualify for SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules of the program.
You can apply for SSDI and SSI benefits online on the SSA’s website. The website is easy to understand and if you follow the instructions, it will walk you through the application. However, if you try it and don’t think you can figure it out, give us a call. We can help you apply for benefits. Learn about SSI benefits and childhood disability.
WILL YOUR CHILDREN GET BENEFITS IF YOUR ARE ON DISABILITY?
If you qualify for SSDI benefits, your children may also qualify to receive monthly SSDI payments. This is true whether or not they have a disability. However, this is not the case for SSI benefits.
SSI is based on financial need and only applies to the individual with a disability. SSI does not provide benefits for dependent children. But, SSDI can provide additional support to your children if certain conditions are met.
For families where a parent is disabled, SSDI offers important financial assistance. This benefit helps ease the burden on families who are already coping with the challenges of a parent who cannot work. Below are some common questions we get about children’s SSDI benefits.
WHO QUALIFIES FOR SSDI BENEFITS ON A PARENT’S EARNINGS RECORD?
Your children may qualify for benefits based on your SSDI approval. However, for your child to receive SSDI benefits, they must meet the following criteria:
- They must be unmarried, and
- Under the age of 18.
In some cases, children who are over 18 may still qualify for SSDI benefits on your record. For example, they still qualify if they are full time student at a secondary school or high school and they are under 19 years old. They also qualify if they have a disability that started before they turned 22. These benefits can help families make ends meet, especially when one parent is no longer able to work.
CAN GRANDCHILDREN RECEIVE SSDI BENEFITS?
If you are raising your grandchild, then they may also qualify for SSDI benefits under certain circumstances. Your grandchild can qualify for benefits if:
- Their biological parents are dead or disabled,
- You provide them with regular support, and
- They have lived with you for at least 12 months.
Additionally, if you have adopted your grandchildren, the SSA treats them as your biological children for the purposes of SSDI benefits. Therefore, upon adoption the above rules do not apply.
HOW MUCH MONEY WILL YOUR CHILD RECEIVE?
The amount of SSDI money your child will receive depends on your SSDI benefit amount. Usually, a child can receive up to 50% of your SSDI award. However, there is a family maximum limit, which is between 150% to 180% of your SSDI benefit. If your family exceeds this limit, then the SSA will reduce the amount paid to each dependent.
For example, if you have three children, each child would be eligible for 50% of your SSDI award. However, due to the family maximum rule, the SSA will adjust the benefit amounts so the total does not exceed the family maximum limit.
HOW LONG DO CHILDREN’S BENEFITS LAST?
Your child can receive SSDI benefits on your earnings record until they turn 18. If your child is still in high school, then their SSDI benefits will continue until they graduate or turn 19. Whichever comes first. If you receive benefits after that point, then you should not spend the money. Instead, call the SSA. If you are not supposed to be getting the benefit, then the SSA will charge you with an overpayment. You don’t want that to happen. It is better to return the money to the SSA before they charge you and make you pay the money back to them.
If your child is disabled and their disability began before the age of 22, then they may qualify to receive benefits as an adult. However, they may have to file a new application as an adult. The benefits continue as long as the child (who becomes an adult) remains disabled and meets other criteria.
WHAT IF I DIE? CAN MY CHILDREN STILL RECEIVE BENEFITS?
Yes, if you pass away, your children may still be able to receive survivor benefits. Survivor benefits have their own rules and conditions.
To qualify for survivor benefits, the child or children must meet one of the following criteria:
- Be under the age of 18 (or under 19 if still in high school).
- Be disabled and have been disabled before turning 22.
- Be dependent on the deceased parent financially or through legal dependency.
The amount of survivor benefits is usually a percentage of the Social Security benefits of the deceased parent. It can be as high as 75% of the benefit. There are also limits on the total amount that can be paid to a family. The benefits cannot exceed the family maximum.
It is important to apply for survivor benefits as soon as possible after the parent dies. Doing so ensures timely processing and financial support in the form of benefits for the child or children.
HOW TO APPLY FOR SSDI BENEFITS FOR YOUR CHILDREN
To apply for SSDI benefits for your child, contact the Social Security Administration at 1-800-772-1213. You will need your child’s Social Security number and birth certificate to complete the application. If your child is over 18 and going to high school full time, then you may also need to provide proof they are enrolled in school.
ADDITIONAL CONSIDERATIONS
- Taxes: If the child’s total annual income exceeds a certain amount, some portion of their Social Security benefits may be subject to income taxes.
- Earnings Limit: For children over 18 who are disabled, if they earn more than a certain threshold, their benefits may be reduced or stopped.
If you have questions about your SSDI claim or need assistance filing an application for children’s benefits, contact our law firm. We are here to help you deal with the Social Security system and secure the benefits you and your family deserve.
HIRE US FOR OUR YEARS OF LEGAL EXPERIENCE
If you cannot work due to a medical condition, then you need to hire a law firm with experience to help you win your SSDI benefits. Our law firm is one of the best Social Security disability law firms in the country. We are one of the best Social Security benefits firm in Las Vegas, Nevada. Also, we are the best Social Security law firm in Salt Lake City, Utah.
You can learn about Utah SSDI benefits. Nevada SSI Information is also available. Find out about Colorado SSDI benefits. Likewise, if you are from California, then it is important to learn about California SSDI & SSI benefits.
Over the last 30 years, we have won thousands of SSDI and SSI claims. Additionally, we have won over $100 million in SSDI and SSI benefits for our clients. Over time, it has become more difficult to win Social Security cases. Also, SSA’s listing rules are harder to meet. That is why you need an attorney who will help you win your case.
We recommend that you do not go to your SSA hearing without an attorney. Why? Because a lawyer can prepare you to testify at your hearing. She can explain the judge’s questions and help you with your answers in advance. Preparation will help you win your case.
Those who attend the hearing without counsel are usually not successful in winning benefits. You should hire an attorney who has legal experience winning SSDI and SSI cases. Contact Cannon Disability Law. We can help you win benefits for you and benefits for your children. Contact us today for a free review of your case.
