I am disabled. Can my children get disability payments?

Children are eligible to receive Social Security Disability Insurance (SSDI) benefits if one or both of their parents also receive SSDI benefits. Disabled parents SSDI benefits are based on their lifetime earnings record; the higher the lifetime average earnings, the more SSDI benefits they are paid. The averge maximum amount of SSDI a child may receive is half of the parents' disability benefits.

Requirements

Eligible minors, including biological and adopted children, as well as step-children and dependent grandchildren may receive SSDI if they meet the following criteria:

• Is unmarried;
• Is younger than 18;
• Is 18-19 years old and a full-time student (no higher than grade 12); or
• Is 18 or older and disabled  (The disability must have started before age 22.)

If a minor's SSDI benefit does not meet the minimum statutory amount, he or she may receive supplemental benefits from Supplemental Security Income program for disabled children.  A disabled minor may also be eligible for Medicaid benefits.

To apply for Social Security benefits for a dependent child of a disabled parent(s), you must fill out the proper application at the nearest Social Security Administration (SSA) office.  SSA representatives will provide assistance completing the application process. Consult SSA's website to find the nearest Social Security office.

You can file for your child's benefits at the same time you file for your own disability benefits.  To qualify for child disability benefits in the case where both parents are disabled, you must provide the SSA with your child’s birth certificate, as well as the social security numbers of both disabled parents and the child.  If your child is over 18, you will also need to provide medical proof of the child's disability and/or his or her continuing enrollment in high school.

Note that Social Security sets limits on the amount of benefits one household can receive.  If a family's total benefits exceed the set limit, each member’s benefit is reduced proportionately.

Talk with an experienced attorney to discuss child disability benefits.