Benefits For Children Whose Parents Get Disability

A child must be dependent on the disabled worker to qualify for benefits based on the worker’s Social Security record.  Whether or not the child is dependant depends on whether the child is a natural child of the parent, an adopted child of the parent or a step child of the parent worker or grandparent worker.  A natural or legally adopted child who was legally adopted by someone other than the worker during the worker’s lifetime must have been living with the worker and receiving contributions from that worker to support himself at the time the application was filed to be eligible.

Recognized Children

The Social Security recognises several types of childen as dependants that may be eligible for benefits based on the worker's earnings record.

• Legitimate child of the worker
• A child born of a void or voidable marriage
• Child born out of wedlock who would have a right to inherit from his intestate estate under State law
• Child of an invalid marriage
• Child legally adopted prior to the worker becoming disabled

Child’s Benefit Amount

Social Security will determine a dependant child's benefit amount based on several different criteria that are specific to each child's claim.

• The child’s benefit amount will be one-half the amount of the primary insurance rate received by the insured parent if his parent is entitled to disability or retirement insurance benefits or
• Three fourths of the parent’s primary insurance amount if the parent is dead.
• The child may receive less in a benefit payment if the family maximum applies and his benefit is required to be reduced.  An adjustment is required whenever the total monthly benefits for all family beneficiaries entitled to benefits on one earnings record exceed the family maximum that can be paid out on that one record per month.  All recipient benefit amounts for that family (except the retired worker or disabled worker’s benefits) must be reduced except that paid to a divorced spouse or a surviving spouse must be reduced to bring the total amount of payments back within the family maximum limit.
• A disabled child is entitled to disability or retirement benefits on his own Social Security record will not be eligible to receive benefits on the parent’s record.

Getting Legal Help

If you or your child is interested in applying for benefits as a dependent child of worker that is receiving Social Security administration program disability or retirement benefits it may be important to discuss the child’s relationship to the worker with a disability lawyer.  It can be complicated to ascertain if a dependent child of a disabled or retired worker is entitled to benefits based on the worker’s earnings.  An attorney can review the child’s entitlement claim and assist him in filing the correct applications to be approved to receive benefits.