How to Get Disability Benefits for Your Dependents

The Social Security Administration (SSA) administers disability benefits for all Americans, including the Social Security Disability (SSD) program, which provides monthly benefits for the dependents of a deceased or disabled parent.  A variety of family members may qualify as dependents for SSD purposes, and the amount of available benefits may differ from one family to the next, depending on the disabled parent’s earnings record and other relevant factors.

Getting Disability Benefits for Dependents

If you are a disabled parent, your natural child(ren), your adopted child(ren), and even your stepchild(ren) all may be eligible for a monthly benefit payment, so long as they are under the age of eighteen (18), from eighteen (18) to nineteen (19) and still enrolled in high school, or over the age of eighteen (18) and disabled.  The amount of earnings needed to provide dependency benefits differs according to your age; if you are a parent under the age of twenty-four (24) who becomes disabled, for instance, you may need as little as one and one-half (1 ½) years of work in order to provide a dependency benefit for your child(ren).  However, as you age, you also need to have a recent work history in order for your child(ren) to qualify for dependency benefits based on your earnings record.

Your spouse, or the other parent of your child(ren), may also be entitled to benefits as a result of your disability, so long as he or she is caring for your child(ren) under the age of sixteen (16).  This is another form of dependency benefits that is available for an adult who has been dependent, at least in part, on your earnings, in addition to those benefits available for your child(ren). 

You should also keep in mind that there are limits on the amount of disability benefits that your dependents can receive should you become disabled.  Generally, the limit is set at about 150% to 180% of your disability benefit rate.  Therefore, if the total amount of disability benefits to which your dependents are entitled exceeds these limits, the amount of benefits will be reduced proportionally according to the number of eligible dependents. 

Filing a Disability Claim for Your Dependents

If you become disabled, either you or your child(ren)’s custodial parent should fill out an application for dependency benefits, which is available online or through your local SSA office.  You will need to provide information about the child(ren)’s disabled parent in order to fill out the application.

How to Get Legal Help

If you believe that your child(ren) should be entitled to dependency benefits from the SSA, and you are having difficulty obtaining these benefits, you may wish to contact a lawyer who is experienced in disability and/or Social Security law in order to assist you.  Furthermore, if you are seeking dependency benefits for a stepchild or a child who was born out of wedlock, you may want to seek legal advice about your available options with regard to Social Security dependency benefits.