Social Disability Lawyer Blog

Stay up to date with the latest news in the world of social disability law provided by the Los Angeles based Law Office of Irene Ruzin.

Social Security Disability for children

Social security benefits for disabled children

 The Social Security Disability will give monthly cash to those workers – or children of workers – who are eligible and qualify under the SSDI medical impairments Blue Book, when they are no longer able to go to work. The children can get social security benefits in many ways,

  • On their own employment record if they qualify

If the child is disabled or a young adult becomes disabled before the age of 22, then he/she may earn disability benefits through SSDI provided that he/she qualify and the Supplemental Security Income (SSI) is not enough to cover up the expenses.

  • On their parent's employment record

If the minor child is receiving a monthly benefit along with the disabled parent receiving the benefits, or if there is more than one child eligible to receive the cash benefits, then the benefits may be subject to the Maximum Family Benefit, MFB amount. This means that the total amount of cash through SSDI that includes the disabled parent's benefits and all minor child's or dependent spouse's benefits added up, could not be more than 150% of the total disability benefits of the disabled parent. Putting it another way, the maximum MFB benefits including your child's benefits could not exceed above 85% of the total AIME earnings of the disabled parent on SSDI.

  • On their late parent's record if they parent was collecting SSDI benefits

If the child's disabled parent died while the child is still a dependent, then he/she may collect the benefits on his/her parent's behalf as survivor's benefit. They may be able to collect 75% of his parents disability benefits.

  • On their parents disability records

The child doesn't have to be disabled to be able to collect disability payments on his parent's disability. However, it will be necessary for the child to be unmarried, 18 years of age or younger, or 19 and attending college but totally dependent on his parent. A minor child would be able to receive half of his parents disability benefits. So if a parent has for instance an AIME earning of $2000, then the disabled parent would receive around $900 in disability benefits and the child may receive $450. This is just an example of how the child's benefits are calculated. The total amount would of course be calculated by the Social Security Administration Office, SSA.

You can get a quote for a direct one-to-one consultation with a qualified social security attorney here.

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Friday, 19 April 2024