When applying for Social Security benefits for children of disabled parents, you should understand the requirements, claims, amount, and duration of receiving the benefits and restrictions if the claimed children are 18.
It's important to understand strategies for determining whether a disabled child qualifies for drawing on a parent's Social Security and preparing for the possibility of application denial. Let's have detailed insights into these critical aspects to help you navigate the application process effectively.
First and foremost, one should know the eligibility criteria for children to receive Social Security benefits. Usually, the child whose parents are retired, disabled, or maybe deceased is eligible. In the case of children whose parents are disabled, the parent must also qualify for SSDI benefits. In addition, this child must not have married, and the child shall meet at least one of the following conditions:
Social Security benefits for children aim to provide financial support for those dependent on disabled parents. The benefits help maintain the child's standard of living and fulfill all their financially necessary expenses in terms of food, clothing, and education. Benefits are paid monthly and could enormously help reduce some of the financial burden on families coping with the challenges of disability.
Related read: Differences between SSDI and SSI
The child receives a percentage of the parent's average lifetime earnings in Social Security benefits. Typically, the child could draw 50 percent off the parent's disability benefit amount, but another limitation is no more than the family maximum payable.
The total amount payable to all the claimant's family members ranges from 150 percent to 180 percent of the total benefit amount on any claim. These advantages continue until they reach 18 or 19 years old if they are in school. With children who have disabilities, benefits will continue beyond 18 years as long as the disability begins before age 22 and they continue to remain unmarried.
In most cases, once a child turns 18, the right to receive Social Security as a dependent of the entitled parent ends. Those benefits can continue, however, until the student graduates or reaches age 19, whichever occurs first if the child is still in high school. Benefits may persist into adulthood for children who are disabled. The SSA will predetermine the child's condition to see whether they meet its adult criteria for disability benefits. In such a case, the child can become eligible to receive SSDI benefits on their record.
An adult child who is disabled—a child who became disabled before age 22—is also eligible for benefits under a parent's Social Security record. It is called Disabled Adult Child or DAC benefits. The child does not have to be under age 18. They need not be married; the individual's disability must have started before they were 22. When parents meet these conditions, then the benefit will be paid on the parent's earnings record, even though the parent claiming retirement or disability benefit is alive or if a parent is deceased.
Related Read: What Conditions Automatically Qualify You For Disability?
Some cases may not grant Social Security benefits to a child whose parent applied for them. The most common grounds for disapproval are weak medical evidence from the parent showing their disability, income, or resource limits that overshoot the levels indicated or plain administrative error. If denied, you can appeal.
Gaining Social Security for the children of disabled parents is one critical step in ensuring their financial stability and future well-being. Knowing the qualification criteria, the amount and duration of benefits, and the possible pitfalls can help you navigate the process.
Stay hopeful if your claim needs approval because several appeal levels are available. Seeking professional help can make all the difference in the outcome of your case; turning to hardworking legal professionals like Eric Hunt can make a big difference.
Eric Hunt dedicated himself to ensuring that families receive all the benefits they deserve and providing expert guidance with professional support during application and appeals processes.
We know how hard it can be to take on the government, particularly if you're chronically ill and in pain. That's why the Law Offices of Eric R. Hunt will always fight doggedly for our clients, offering determined seasoned legal representation to everyone we work with.
We also strive to treat every client with courtesy, honesty, and respect, doing our best to make the legal process as straightforward and calm as possible. We're a locally owned practice, and our client's satisfaction is our number one priority.
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