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Qualifying children

Submitted by Anonymous (not verified) on
Forums
Social Security Disability Insurance (SSDI)

I have children and their father has recently went for a hearing is waiting on a decision. I was told that the kids will qualify for benefits. I have several questions.
How is the amount determined?
What are the rules for the cutoff age to recieve benefits?
Do the children recieve back pay as well?
What steps if any do I need to take to set up their case?
If a child is 18 but still in high school do they qualify, and for how long?

Gloria (not verified)

My husband has been on social security disability now since 2008 and never once has he been told or given this information and he has 2 adopted children does he have to re file to get the benifits for them

Tue, 01/17/2017 - 13:13 Permalink
Bryan

Hi Chad,
If you're eligible for SSDI benefits and are receiving them prior to incarceration, you family may be able to retain any auxiliary benefits that they were eligible for prior to your incarceration. However, your family may not be eligible for benefits on the sole basis of incarceration.

Tue, 01/17/2017 - 14:55 Permalink
Anonymous (not verified)

Are minor children able to receive benefits from both parents ssdi? Both parents are currently on ssdi. The mother has been for years and the father as of a year ago. Also how can the non custodial party(father) find out if the custodial parent(mother) is receiving benefits for the child on the non custodial parents(fathers) ssdi? We are looking at trying to offset child support however no one will tell us if she is actually receiving the benefits.

Tue, 01/17/2017 - 17:40 Permalink
Eric

Hello,

Your children will be able to also qualify to receive benefits on you and your spouse's record.
To receive benefits, the child must be unmarried and be:
under age 18; or
18-19 years old and a full-time student (no higher than grade 12); or
18 or older and have a disability that started before age 22.

As for trying to offset child support payments, I would recommend reaching out to the SSA for more information regarding that: https://www.ssa.gov/agency/contact/

Best Wishes,
Eric

Wed, 01/18/2017 - 16:53 Permalink
Lori (not verified)

My question is.... My husband passed away at the age of 43 of a heart attack. He has 3 children by his ex wife and they were only married about 2 1/2 years. The oldest son (my stepson ) was over the age limit to receive his ssi check from his dad. My Oldest stepdaughter turned 18 in June
My husband passed away in March of 2014. She did get her check and some back pay. The youngest stepdaughter had just turned 15 in January of 2014 so she received her check until January 11th of this year 2017. She turned 18. The mother draws ssdi. On my stepdaughters 18 birthday she was given a birthday card the said.."Happy Bithday, Love Dad" Her mother then told her that my husband wasn't her real father! So over the course of 34 months her mother received 54,400$. She knowingly knew my husband was NOT the father but yet kept the money she was getting for a child that she knew for 18 years was not her dad. Is that considered fraud? My husband was trying to get a paternity test started since he had 3 people telling him that his ex wife told them that he was not the real father but unfortunately he passed away so the test never got done. We also know the real father to my step daughter. Another question. ... should she have been paying taxes on what she was receiving from my husband? I look forward to hearing from you for some answers. I've never used this site so how will I know if my question is answered. Thank you.

Wed, 01/18/2017 - 16:31 Permalink
Eric

Hi Lori,

I'd like to express my deepest condolences to you and your family. If you suspect fraud, I would recommend reaching out to to the Office of the Inspector General for the SSA: https://oig.ssa.gov/report.
The number to reach them is: 1-800-269-0271 from 10:00 a.m. to 4:00 p.m. Eastern Standard Time

I hope this helps.
Best Wishes,
Eric

Wed, 01/18/2017 - 16:35 Permalink
Eric

Hi Lori,

I'd like to express my deepest condolences to you and your family. If you suspect fraud, I would recommend reaching out to to the Office of the Inspector General for the SSA: https://oig.ssa.gov/report.
The number to reach them is: 1-800-269-0271 from 10:00 a.m. to 4:00 p.m. Eastern Standard Time

I hope this helps.
Best Wishes,
Eric

Wed, 01/18/2017 - 16:35 Permalink
Bryan

Hi Mary,
If your son has a disability that started by age 22 and your spouse is receiving SSDI or Social Security retirement benefits, you child may be eligible for benefits.

Mon, 01/23/2017 - 10:26 Permalink
Rachelle (not verified)

My brother had a child but was in the middle of the divorce and was in prison when the daughter was born. She never allowed him to even meet her. She was adopted by her husband and he didn't hear a word from them since. He passed away and is now asking me if she can go to social security to try to get them to pay his back child support..... he was remarried and had 3 more children and they receive death benefits. But I don't see how that would work for back owed child support

Thu, 01/19/2017 - 19:40 Permalink
Bryan

Hi Rachelle,
You are correct, eligibility for survivor's benefits may not really have any bearing for child support, as child support laws vary by state.

Mon, 01/23/2017 - 10:28 Permalink
Anonymous (not verified)

I have a 4 year old who has been receiving SSD for about a year. I was told that my other child, who is 6, can also receive benefits. Is this true? If so, what are the next steps?

Sat, 01/21/2017 - 05:00 Permalink
Anonymous (not verified)

My husband is on total disability and we just got permanent custody of our 2 great grandchildren, will they be able to draw ssd

Sun, 01/22/2017 - 11:25 Permalink
wayne (not verified)

I've had full custody of my son for 3 years now. His mother draws the max amount in ssi or disability or what ever it is she draws 745 dollars a month. Can my son still draw to on her or if not can he draw mine.

Sun, 01/22/2017 - 16:43 Permalink
Bryan

Hi Wayne,
If your ex is on SSI, you son would not be eligible for benefits as SSI does not offer benefits for dependents. If you receive SSDI benefits, then your child may be able to receive benefits based off of your work record.

Mon, 01/23/2017 - 10:23 Permalink
Nins (not verified)

My sister in law just gave me Leah all guardinship of my nephew, I am on ssdi, my brother (nephews dad passed away 3 yaears ago) my sister in law gets social security for him can she have it turned over to me?

Sun, 01/22/2017 - 19:28 Permalink

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