Obtaining SSDI Benefits for Children

There are two ways to obtain SSDI benefits for children.  One is relatively simple; the second method is more difficult.

• Dependent Child – if the parent or guardian of a child is disabled.  A child can receive SSDI benefits as a dependent of the parent or guardian.  At the time, the parent or guardian applies for SSDI benefits, Social Security will ask for any information about dependent children.  If the parent or guardian is successful in getting disability, social security will give a benefit payment to the dependent child or children.  This payment can be as much as one-half of the parent’s benefit.
• SSDI for those disabled since childhood – an adult disabled since childhood can receive disability benefits when they become an adult using the parent’s social security number and work record.  This is called a “child’s benefit” even though it is using the parents earning record.

Re-evaluation at Age 18 

You cannot assume that a child disabled since childhood will automatically receive SSDI benefits on their parent’s work record when they reach 18.  Social Security will reevaluate the child’s condition at 18 using the Listing of Impairments for Adults to determine if the child is still eligible for benefits.  They will also look at any training the child may have received in school, and the child’s ability to earn a living.  A child that has received vocational training may be considered ineligible for benefits because they have a skill that could provide them with substantial gainful employment.  It is important in these cases to:

• Keep accurate school and medical records involving  any evaluation of your child’s skills by teachers and other professionals.  It is much easier to get these records while the child is still in school then having to get them later.
• If your child is participating in a vocational program that may employ him or her, take advantage of  Social Security’s Ticket to Work Program.  This would allow the child to work and keep their benefits for a period to determine if the child has the capability to work.  (The child will receive work credits, which could allow them to receive SSDI benefits on their own work record if their condition worsens.)

Talk to a Social Security Disability Lawyer

Social Security rules and regulations are complex.  It is advisable to seek legal counsel well before your child reaches 18.  Experienced legal counsel can help you protect and maintain your child’s benefits well pass the magic age of 18.