Can my spouse and children get benefits if I am approved for Social Security disability?

By / March 3, 2016 / Social Security Disability & SSI Basic Facts / 1,093 Comments

Learn about dependent benefits for your spouse and children if you get Social Security Disability and learn how the law decides who is your dependent.

The Family Maximum Payable
If you are approved for Social Security Disability on your own earnings record, your spouse and children may be able to receive benefits. Your earnings record has a maximum amount payable to your family, including you. This is called a Family Maximum. Family Maximums can range in amount from being equal to your benefit, with nothing payable to the family, to being one and a half times your benefit. Depending on the amount of your Family Maximum, any percentage of your benefit from zero to fifty percent may be payable to your family. The Social Security Administration can check their records to tell you the amount of your Family Maximum and how much, if any, is payable to your family.

Examples of Family Maximum Payments
If you have a low Social Security benefit, such as $300, your Family Maximum will be $300 and all of it will be paid to you with none left to pay your dependents. If you have a fairly high benefit, such as $1,800, then your family maximum might be $2,700, which is one-and-a-half times your benefit. In this example, the primary benefit of $1,800 would be paid to you and the remaining $900 of the Family Maximum would be split among your eligible dependents. For information regarding how your primary benefit is calculated, please see our article If I Am Approved for Disability, How Much Will My Social Security Disability Benefit Be?

Eligible Child Defined
Now that you know a little bit about benefits that could be paid to your family, here’s some information about how Social Security law defines eligible dependents. First, your children may be eligible. Social Security defines a “child” as your natural child, adopted child, dependent stepchild, and in some cases dependent grandchild. You child must be under age eighteen, age nineteen and a full-time student in a high school or elementary school, or a disabled adult child over age eighteen who became disabled before age twenty-two. Your child must also be unmarried, with some exceptions for disabled adult children.

Dependent Benefits for Your Spouse
Your potentially eligible dependents also include your spouse age sixty-two or older or your spouse under age sixty-two who is caring for your child who is under age sixteen. If you are divorced, your divorced spouse may also qualify for benefits if you were married for ten years or more and have been divorced for two years. Your divorced spouse’s benefit will be paid outside the Family Maximum and will not affect the amount paid to you or your other dependents.

Marriage after Disability
If you get married after the date that Social Security determines your disability began, your spouse and your spouse’s children, if any, may become eligible for dependents benefits after you have been married for one year.

Can my spouse and children get benefits if I am approved for Social Security disability?
3.2 (63.33%) 6 votes

  • Dear Jenna,
    For Supplemental Security Income (SSI )your living arrangement is where you live, who else lives with you, and who pays for the food and shelter costs. If he makes no contribution toward the shelter costs, it will have no affect on your check. If you are considered two individuals living together and he begins to receive income and contributes toward the shelter expenses, you and he will have to each pay your fair share in the designated expenses for you to receive the maximum SSI payment. To determine the fair share, you would determine the average monthly shelter expenses (and food expenses if you share food) divided by the number of people in the household regardless of age. Shelter expenses are shelter utilities (power, heat, water/sewer, and garbage) and rent or mortgage, property tax, and if required by the lender property insurance.
    Sincerely,
    Jane

  • Dear Valachia,
    Kay said you are welcome.
    Sincerely,
    Jane

  • Dear Valachia,

    If you are referring to the continuing disability review that will occur in 2019, you won’t necessarily need an attorney. If you have remained under the care of a physician, so that you have clear medical records, and your medical condition has not improved significantly, your benefits are likely to be continued.

    Sincerely,
    Kay

  • Dear Wichiepo0,

    You can draw benefits on his record as a separated spouse, but you must be at least 62 years old. Contact the Social Security Administration three months prior to your birthday the year you turn 62. You will not have to contact your husband. “If he dies before you, you can apply for disabled widow’s benefits at your current age.”

    Sincerely,
    Jane

  • Dear Cameron,

    You do not say what kind of income your mother is receiving. If she is receiving Social Security or Supplemental Security Income benefits, your work earnings will not affect those benefits. If you are all under one food stamp grant, your income might affect the amount of the grant. To find out, you and your mother would have to ask the food stamp office. I would not think that your working would affect child support payments, but your mother would have to check with the court or look at the support decree to find out.

    Sincerely,
    Kay

  • Dear Concerned Mom,

    If your husband has never worked he will file for disability from the Supplemental Security Income (SSI) program. SSI does not pay any benefits to family members. If your husband is approved for SSI it will not affect your son’s SSI benefit.
    Sincerely,
    Jane

    Sincerely,
    Jane

  • Your childhood disability benefits (CDB) will begin either six or twelve months prior to the month of application. If she was disabled prior to her death, the retroactive benefits may be limited to six months or the retroactive months may be twelve in number if benefits paid after her death are considered to be paid on a non-disability records.

    If you are the only survivor eligible for benefits, your benefit will be 75% of the amount of your mother’s benefit. If you are currently receiving Supplemental Security Income (SSI) and your CDB is higher than your SSI, you will receive a monthly amount equal to the difference tween the CDB and the SSI. For future months, your SSI will either be reduced or terminated depending on the amount of the CDB.

    Sincerely,
    Kay

  • Dear Ash,

    Supplemental Security Income (SSI) does not pay dependent benefits. If he is actually receiving Social Security Disability (SSDI), dependent benefits will be payable if his work history is sufficient to provide an family maximum benefits (FMB) higher than his own benefit. He can call SSA at 1-800-772-1213 and ask the amount of his FMB and of his primary insurance amount (PIA). If the FMB is higher than the PIA, you can file a claim for your child and yourself.

    Sincerely,
    Kay

  • Dear Amp,

    It is correct that children’s benefits end at age eighteen. The only exception is if the eighteen-year-old is still in high school.

    Sincerely,
    Kay

  • Dear Jamie,

    Your earnings record has a maximum amount payable to your family, including you. This is called a Family Maximum. On your earnings record the maximum payable for dependents would be $142.00. This amount is divided equally between your children. You said your children have a medical condition, but don’t get SSI. I don’t know if that means you applied and your family didn’t meet the income and resource levels or you just haven’t applied. SSI is a needs- based program and your family has to have limited income and resources, in addition to your children meeting the disability requirement to qualify. Use this reference to learn more about the income and resource guidelines https://www.ssa.gov/ssi/spotlights/spot-deeming.htm., but be sure to contact your local Social Security office to file an application for the children so get a formal determination on their financial eligiblity.

    Social Security doesn’t provide any type of insurance for dependents. Medicaid provides health insurance coverage for people who have limited income and assets and meet other requirements. For example, people who are eligible for SSI receive Medicaid at no cost. You and your wife may also qualify for Medicaid coverage with programs available through your state or county human services department.
    Sincerely,
    Jane

  • Dear Wichiepo0,

    You can draw benefits on his record as a separated spouse, but you must be at least 62 years old. Contact the Social Security Administration three months prior to your birthday the year you turn 62. You will not have to contact your husband. “If he dies before you, you can apply for disabled widow’s benefits at your current age.”
    Sincerely,
    Jane

  • Dear A.,

    You will be paid the benefit you have earned and paid taxes for. It will not be reduced because it is not being paid on your husband’s earnings record. Your son will continue to get the same benefit because, as you indicated, your work history does not allow for a dependent benefit.

    Sincerely,
    Kay

  • Dear Daisy,

    Given your son’s high income, I believe you mean that your daughter-in-law is applying for Social Security Disability (SSD aka SSDI), not SSI, which is Supplemental Security Income. (SSI is paid to individuals with limited family income and assets.)

    If your wife has worked enough to be insured for disability benefits and for dependent benefits on her earnings record, they will receive benefits to age eighteen (or nineteen if still in high school.) She can find out whether or not her children will be eligible by going to http://www.ssa.gov, setting up a “My Social Security” account, and then requesting and earnings statement. The statement will list all her earnings and estimates for any benefits payable.

    Sincerely,
    Kay

  • Dear Kay,

    Yes, you can apply for spousal benefits and receive benefits as you describe.

    Sincerely,
    Kay

  • Dear Valachia,

    You will be sent a questionnaire about your health, your medical treatment, and your work activity. Depending on the severity of your medical condition, you will be asked to provide more or less information. You can submit medical documentation that you are still disabled. The same factors are considered as when you were first approved: do you have medical documentation to show that your condition has not improved significantly and that you are not able to perform substantial gainful activity (earn $1,170 monthly) in any occupation.

    Sincerely,
    Kay

  • Dear Shydina,

    Half of your earnings over $16,920 a year will reduce annual benefits. Your young wife’s benefit would have to be over $753 a month for you to receive a benefit for even one month in the year. Also, your entitlement could reduce what your son receives even in months your benefits were in suspense for work earnings. So, monetarily, it might be better for your family right now if you don’t apply. However, being entitled on the record would protect you for disabled widows benefits if your husband were to die before you reached about forty-three and if the widows benefit was higher than your own Social Security Disability benefit. This explanation, contains a lot of “if this, then that;” but the take away basically is there’s likely no current financial benefit to apply now and no long-term potential benefit if your current disability benefit estimate is higher than your husband’s retirement benefit.

    Sincerely,
    Kay

  • Dear Joe,

    Your wife will not be eligible for Medicare until she is age sixty-five. If you have received twenty-four months of SSDI benefits and declined Medicare Parts B and D, you have thirty days after you lose your insurance through your wife’s employment to apply to have Medicare for yourself. If you apply in that window, you will not have a waiting period for coverage or have to pay a surcharge for the insurance. Note that you may need to present some document to show when your current insurance ends.

    Sincerely,
    Kay

  • Dear Whitney,

    You can appeal the effective date of benefits. The basis of your appeal would be that you listed your children on your application but did not know that they were eligible for benefits and never got any notification from Social Security alerting you to file an application. Indicate how you found out they could be eligible, in other words, what prompted you to file now.

    If your statement is accepted that you did not receive notification of the children’s potential eligibility, benefits will be paid for all the same months you were paid for. If it is not accepted, back benefits will be limited to those already approved. You do not need an attorney to do this; just be sure you file a formal appeal on an SSA-561 Request for Reconsideration form. Expect it to take a long time to get an answer.

    Sincerely,
    Kay

  • Dear Sweetht02,

    You could receive young wife’s benefits for caring for a child under age sixteen or a disabled child of any age if the child has been determined disabled by Social Security. However, if the family maximum benefit (FMB) is already being paid out, your entitlement would reduce the children’s benefits. (Your husband can find our the amount of his FMB by calling 1-800-772-1213.)That is not to say that you should not apply because being entitled on your husband’s earnings record could protect you for disabled survivor benefits later should you become disabled and your husband died before you. If you apply, you can earn up to $16,920 a year before your annual benefits would be reduced.

    Just a note: I think that you may have a typographical error somewhere. A primary insurance benefit of $1,800 would not provide dependent benefits of $2,900 ($725 each x 4 children).

    Sincerely,
    Kay

  • Dear Just Want to Know,

    You can apply to be payee for your soon-to-be-husband. I suggest that you and he go to Social Security and explain that you both pay part of the shelter and food expenses and that his daughter is not a good money manager.

    Sincerely,
    Kay

  • Dear Bill,

    If the benefits for your child are paid out while she is under age eighteen, they will be paid to whichever parent applies to be her payee. This would usually be the parent with physical custody. The benefits could even be paid to the parent payee after your daughter turns eighteen if she is still in high school because monthly dependent benefits would continue until she graduated or turned nineteen, whichever came first. On the other hand, if your daughter is out of high school and benefits are paid after she turns eighteen, they may be paid to her directly. Either way, money will be available for college or a trade school.

    Sincerely,
    Kay

  • Dear Ronald,

    The Supplemental Security Income (SSI) program, as it name says, is intended to supplement other income. According the program requires that you apply for all other benefits you might be eligible for. Because you became disabled before age eighteen and are apparently unmarried, you are eligible for Childhood Disability Benefits (CDB) on your mother’s earnings record. The CDB benefits will reduce your SSI benefits, but the two benefits should come to $20 more than you have been receiving in just SSI.

    Sincerely,
    Kay

  • Dear Rick,

    Yes, you can apply for reduced spouse’s benefits at age sixty-two. The reduction is substantial at that age and the reduction is permanent; but if you are not working, it could still be to your advantage. If you are working and earning more than $16,920 gross per year, your annual benefits will be reduced one dollar for each two dollars over that limit.

    Sincerely,
    Kay

  • Dear A Edmundson,

    Your children qualify for possibly up to $650 total per month. I recommend that you go to Social Security right away and follow up the application status for the children. Take your children’s and your husband’s Social Security numbers and the children’s birth certificates if you have them readily available.

    If the children were listed on the application and you can prove that you were not contacted to apply for them after your husband was approved, benefits could be retroactive back to the first month for which your husband was paid. If not, back benefits would be limited to six months before the current application you file for them.

    Sincerely,
    Kay

  • Dear Christie,

    Your claim was probably reviewed for potential Social Security dependent benefits for your daughter when you were approved for benefits. That and the fact that your Social Security is low enough that you qualify for SSI also would seem to indicate that your did not work and earn enough to be insured for dependent benefits for your daughter. Nonetheless, you can double-check by calling Social Security at 1-800-772-1213. Ask for the amounts of your Primary Insurance Amount (PIA) which is your benefit and your Family Maximum Benefit (FMB). I your FMB is higher than your PIA, you can apply for benefits for your daughter.

    Sincerely,
    Kay

  • Dear Lakendra,

    Due to privacy laws, you cannot find out unless you are trying to apply for benefits on the person’s account. For example, if you think a child’s parent is getting benefits and the child could be eligible on the parent’s earnings record, you could file an application for child’s benefits on the record. If the person is not getting benefits, the application will be denied.

    Sincerely,
    Kay

  • Dear Rick,

    You can apply for the spouse’s benefit now if your wife is receiving Social Security. You will be paid spouse’s benefits equal to the difference between the full spouse’s benefit and your own retirement. If your wife is not entitled to benefits now, you will have to wait until she is to apply on her account.

    Sincerely,
    Kay

  • Dear Tekulve,

    Your grandchild will be eligible for dependent benefits if you have adopted her or if her parents are either deceased or disabled. If your wife is age sixty-two, she can receive a spouse’s benefit if you have worked enough and paid enough Social Security taxes for you to be insured for dependents benefits. Or, if your granddaughter is eligible for benefits, ygross wages or net self-employment in a year, her annual benefits will be reduced one dollar for every two dollars over $16,920.

    Sincerely,
    Kay

    Sincerely,
    Kay

  • Dear Anxiously Waiting,

    How long getting the decision through the letter writing process and the judge’s review and signing of the letter varies a great deal from one hearing office to another and within offices depending on the volume of claims at any given time. It can be a matter of weeks or a month or more.

    If you are approved for Social Security Disability and you have worked enough to provide dependent benefits, you can use the money for the children in any manner you wish. You can spend it for their needs now including housing, food, clothing, medical and dental care, school supplies, etc. and/or save it for college or vocational training after high school or other future needs. You will need to account for its use once a year, so keeping a record of the use and keeping receipts will make the reporting easy.

    Sincerely,
    Kay

  • Dear Ashley,

    Your boyfriend appears to be getting SSDI (Social Security Disability) not SSI, which is Supplemental Security Income (SSI). If you separate and your child stays with you, you can file to be representative payee for the child’s $148 benefit and have it paid to you for his care. I suggest that you consult with a family law attorney for your question regarding child support.

    Sincerely,
    Kay

  • Dear Dennis,

    If both parents have earnings records that allow payment of dependent benefits, the children will received benefits from both parents under a combined family maximum. Potentially your ex-wife could go back to family court and request reduction or termination of child support based on the children getting dependent benefits off her SSDI account.

    Sincerely,
    Kay

  • Val Thompson Eliason

    What is the difference between disability & ssi

    • Dear Val,

      The Social Security Administration administers two federal disability benefit programs. One is Social Security Disability (SSD aka SSDI) and the other is Supplemental Security Income (SSI) disability.

      The medical criteria to be found disabled are the same for both SSDI and SSI. SSDI eligibility requires that you have worked and paid Social Security taxes and the amount of the benefit is based on your earnings history. SSI eligibility requires that you (and your spouse) have income and assets within certain limits, but no work credits are required for citizens and some legal aliens. (If the child is the SSI applicant, the income and assets of the parents and stepparents in the household are considered.) You can read about SSI in the SSI articles found in the drop-down menu under the Social Security Disability/SSI button at the top of this webpage.

      Sincerely,
      Kay

  • Dear Lisa,

    If your work earnings from the part-time job and the caretaker wages are $1,170 grossor more per month ($1,130 in 2016 and $1,090 in 2015), you will not be eligible for disability while still working at that level. If you have worked less than six months in the non-caretaker job and have to stop that job due to your medical condition before having worked in it six months, that job will likely be treated as an unsuccessful work attempt. If the part-time job is of less than six month duration or you have earned below the dollar amounts listed, you can claim the auto accident date as your date of disability. Otherwise, you can claim a disability date at the point your post-accident earnings drop below $1,170.

    Sincerely,
    Kay

    • Lisa Adams

      Thank you Kay
      So if I’m understanding this, the caretaking employment that I receive front the state of Michigan is employment and I can file disability on those wages ( which are over 1,17- per year)? The year after my accident I was in the hospital for two months and in a wheel chairs for five. My niece and husband cared for my son and I paid my niece. could I have received disability at that time? Just on the caretaker wages? I was in therapy for two years total. My husband continues to care for our son
      another question, do I have to hire a lawyer to apply for benefits? If no, is it better to have a lawyer?
      thank you so very much
      Lisa

      • Dear Lisa,

        Your care-taking employment is complicated by the fact that you have apparently been receiving the earnings in your name but are not doing the work. If that is the case, it may be important to get the services and pay transferred into your husband’s name. Otherwise, you could be getting Social Security credits for work you did not do, which is likely to be illegal.

        Regarding the period of time before the accident, if Social Security taxes were withheld from the payments you received, you would have been earning Social Security quarters of coverage (credits). If you have them, look at the pay stubs to see if FICA taxes have been withheld.

        The $1,170 figure is monthly and is the earnings level at which a person cannot be considered disabled while working. You said that you are no longer caring for your child even though the work is being paid for in your name. You could explain that on a claim for benefits.

        Probably the best thing to do is to file a claim, claim the date of the accident as your disability date, present all the facts, and get a formal determination.

        Sincerely,
        Kay

      • Dear Lisa,

        All your work earnings on which Social Security taxes were paid are considered in determining whether you are or were insured for Social Security disability–at least up until you stopped doing the caretaker work and started paying your niece to do the work you were being paid to do. (It might be best for your niece to get set up to be paid directly because there is some chance that you are breaking some law or another being paid by a government program for work you do not do.)

        The challenge to your claim will be if your caretaker wages that you passed on to your niece exceeded $1,170 a month this year, $1,140 in 2016, and $1,090 in 2015 because it will make it look like you were working when you were not. You could perhaps submit whatever proof you have of paying your niece for her assistance: cancelled checks, a 1099 you gave her, her tax returns in addition to her statement. If you prove that you were not working, then those years of wages after the accident cannot be used to give you insured status. . .but you might not need them to be insured.

        You do not have to have an attorney to file a claim. You can start the claim on your own being aware that you will need to address the caretaker wage situation. If you find it too difficult or are denied, you can then engage an experienced Social Security attorney. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay.

        Sincerely,
        Kay

  • Dear TLM,

    Your daughter’s benefit will not stop because she has left your home. Her benefits will stop when she turns eighteen or if she is still in high school up to age nineteen.

    If she is gone for thirty days, her absence likely cannot be considered temporary and you need to give money to the family she is living or to her to cover her food and a payment to the family as a contribution to utilities at least. Get a little receipt book and get a signature for everything you turn over. If you have been giving her an allowance, that would continue as well, and let your daughter know that you will take her shopping for hygiene articles, haircuts, and clothes, and school supplies as she needs them and as far as the benefits stretch. Keep very good records and receipts for everything purchases.

    Sincerely,
    Kay

  • Dear QH,

    If benefits are set up for April, they would be paid in May on the same day as your benefits are due; however, it could take a month or two more than the representative’s estimate for them to actually start.

    Sincerely,
    Kay

  • Dear Steph,

    If your fiance is receiving SSI (Supplemental Security Income) benefits, no dependent benefits are payable. If he is actually receiving Social Security Disability (SSDI), he can apply for dependent benefits for his two daughters to find out whether his work history allows payment for them. Your son would not be eligible because you and your fiance are not married and, thus, your child is not your finance’s stepchild.

    Sincerely,
    Kay

  • Athena

    My ex husband agreed to let me claim our two kids sense he is in disability and I’m not I work own my own business and do side jobs in addition to my business. So in a divorce hearing we agreed to me claiming the kids I have them weekend and summers and any other day off that may arise in which is inconvenient for him. Furthermore it works out to be approx half the time or more in the year I have them. He collects $400 for each child through his disability and 600 to 800 for himself . He collects there goodstams and Medicaid to he don’t give me any of that to help so I have to pay for everything out my pocket for my kids when I have them. This year I finally decide to file for last two years but he is now stating despite the divorce agreement saying I can claim the kids for taxa he’s saying “if I claim kids I will be going to federal jail because he says now I can’t claim them and its because of them collecting disability”! I want to no if this is even true for I checked and believe he’s lieing. His whole family has worked for tax prepare Jackson Hewitt for 15 to 20 years at least and I remember hearing them say how someone need to file for this child or that one do to parent not working and give so and so that money for child so I no that he knows the law or how to know it real easy regarding earned income credit and children who has disabled parent and divorces spouse qualifications. Also I believe they are trying to make sure my business don’t get any work and I don’t get another job which is not my business but more corporate and professional with w2s ready to disburse during tax time. They have a motion stating I have to tell them any time I get a new job who I work for where, and what I’m doing (they is my ex and his mother) Furthermore his mother has had three successful divorces meaning she was the B who got everything, and her last husban was from Mex. And she married him as a business arrangement so she got married to get him a green card so he would be legal to live here in the US with him and his deceased wife three kids WHOM this lady my ex mom in law adopted. It appears there’s a history of fraud regarding my in law family with numerous people related and unrelated alike this mother in law has my same first name and her only other real son married a lady with our same name to and my ex’s ex name was even same spelled exactly like gets. Also she my ex mom in law blackmailed people and even tried to blackmail Susann Shell I have proof of this even and there is so much more to this story please help a good Mother do something and fight back and show people using courts to only by law forced to get a divorce and destroy one before they destroy you is wrong and should have laws protecting us. In addition I have had three different jobs each one same mo I work one day let them my ex his mom no and then the next day I don’t have a job nor can I get them to pay me for it odd right and ever sense I sent flyers home about my own business we have not got any new customer except one and he was creepy not wanting to pay us for work and have us an Obama phone with pictures of dead people and a human jaw sitting on a dinner table very very creepy considering my ex mom inlaw has ties to a Mex. Gang which does this type of fear tactic because her last now ex husband is how she has Tues to this gang. Please help my boys want to live with me and I think they make sure I don’t stable off to allow this cause they want there disability benefits to pay the mortgage on my ex mom in-laws house. My ex mom fared out better then me in our divorce. They let me have the kids as originally agreed to but claim I’m not supposed to visit them unless it’s supervised. Furthermore claimed they terminated my rights without a legal court hearing. I’m just freaked out I hope someone can help me.

    • Dear Athena,

      I strongly suggest that you hire a family law attorney to help you understand what you legally have to do and what you do not have to do in relationship to the terms of your divorce and existing child custody agreement. For example, do you really have to report to your ex-husband every time you take a new job or get a new client? A family law attorney could also help with any effort you decide to make to have the children live with you full time.

      With regard to whether or not you can claim the children on your taxes, again I recommend you get professional advice. A tax accountant will be able to tell you whether you can claim them, which you probably can if the amount of support you provide is half or more of their total support including their Social Security dependents benefits. (They are not getting disability benefits, they are getting dependent benefits because their father is disabled.) To help with this, you might try to reconstruct a list of the dates they were with you in 2016 and also start keeping a log of the days and nights they spend with you.

      Sincerely,
      Kay

  • Dear Mabel,

    Your husband will be switched from Social Security Disability (SSDI) benefits to retirement benefits at full retirement age. At that time, he can earn any amount and receive full benefits.

    If you decide to work when you turn age sixty-two, your work earnings will not affect his benefits. However, if at age sixty-two, you decide to apply for reduced spouses benefits on your husband’s account (and retirement on your own account if you have worked enough), the amount you can earn before having a reduction for work would be $16,920. If you earn more, there will be a one-dollar reduction in you annual benefits for every two dollars excess.

    While your husband is receiving SSDI, he can work under several work incentives built into the SSDI program. If he earns $840 more a month, he will use one of nine Trial Work Period (TWP) months. During the TWP, full benefits are paid regardless of the amount earned as long as your husband has not recovered medically. After the TWP and for the next thirty-six consecutive months, which is called the Extended Period of Eligibility (EPE), he can receive full benefits in any month he does not perform substantial gainful activity (SGA), which is now usually defined as earning $1,130 gross monthly. After the EPE, if he performs SGA in any month, his claim will be close. He can read about the work incentives in the Red Book, which is available online at http://www.ssa.gov and possibly from your local office.

    Sincerely,
    Kay

  • Dear Sandra,

    Your question falls in the area of family law, so I suggest that you contact a family law attorney.

    Sincerely,
    Kay

  • Dear Jeri Lynn.

    If you receive Supplemental Security Income (SSI), whether or not your SSI will continue after marriage depends on the amount of income your spouse has and whether your combined countable resources (assets) are $3,000 or less in value. (Several kinds of assets don’t count).

    If you receive Social Security Disability (SSDI), marriage will not affect your benefits. If you receive Social Security Childhood Disability Benefits (CDB) paid to disabled adult children on a parent’s earnings record, marriage will cause benefits to end unless you marry someone who is receiving Social Security benefits (not SSI) for reasons other than being under age eighteen or under age nineteen and attending high school.

    Sincerely,
    Kay

  • Dear Lisa,

    Your stepfather’s age does not matter; he is eligible because of disability. Your mother needs to be at least sixty-two at which age she can apply for reduced spouses benefits. She will be eligible if her husband’s work earnings were sufficient to provide dependent benefits. She also has the choice to wait and receive full unreduced benefits at full retirement age, which for her is age sixty-six.

    Sincerely,
    Kay

  • Dear Gary,

    To receive survivor benefits at age fifty, you have to be disabled. At age sixty, you can receive benefits based on age. Both would be reduced for taking benefits before your full retirement age, which would be age sixty-seven.

    Sincerely,
    Kay

  • Dear Ronnie,

    If your son is a minor child living with you, claiming him as a dependent on your tax returns should not affect his benefits because all the benefit programs would already show that he lives with you and is dependent on you.

    Sincerely,
    Kay

  • Dear DW,

    For you to received benefits on a spouse’s earnings record, your spouse would have to be receiving Social Security himself or be deceased. Additionally, with no child in your care, you would have to be age sixty-two to receive spouse’s benefits or age fifty to receive surviving spouses benefits if he were deceased.

    Sincerely,
    Kay

  • Dear DW,

    Your benefits do not have the potential for increase other than cost-of-living adjustments that occur in some years. The fact that you are receiving $613 Social Security seems to indicate that you have not been continuously disabled since before you were age twenty-two, which is required to draw Childhood Disability Benefits (CDB) paid to unmarried disabled adult children on a parent’s earnings records. (Also your parents would have to be receiving Social Security benefits or be deceased for you to receive CDB.) If you marry and your spouse has worked enough to be insured for dependent benefits as well as primary benefits and the dependent benefits are more than $613, you could receive some spouse’s benefits to supplement your SSD.

    Sincerely,
    Kay

  • Dear Concerned,

    Typically applications for dependent benefits can go back only six months, so you could not file for benefits that might have been due you as a young wife up until your son was age sixteen. However, if your husband listed you on his application and Social Security did not notify you that you could apply, you might be allowed to apply now.

    Regarding your question, whether or not your earnings would allow payment depends not only on the amount of your earnings, but also on the amount of the benefit. The way it works is that half of what you earn about a certain excluded amount results in a reduction in your annual benefits. So if your benefit was $300 ($3,600 for a year) and your earned $2,000 over the limit, your year’s benefits would be reduced by $1,000 to $2,600).

    Here are the amounts that you could earn before any reduction:
    1995 8,160
    1996 8,280
    1997 8,640
    1998 9,120
    1999 9,600
    2000 10,080

    Sincerely,
    Kay

  • You are welcome, Dana.

  • Dear Dana,

    A dependency point is the point in time when you must prove that your provided support for a dependent in order for them to qualify for dependent benefits. Please see my response of earlier today to your last posts for more information.

    Sincerely,
    Kay

  • Dear Dana,

    Being that the benefit you are mentioning is a state benefit, it is outside the scope of the Disability Advisor service in terms of being able to offer helpful suggestions.

    Sincerely,
    Kay

  • Dear Lisa,

    Yes, your mother can apply for reduced wife’s benefits at age sixty-two. She will be eligible if your father has earned a Family Maximum Benefit (FMB) greater than his own Primary Insurance Amount (PIA). He can get these two figures by calling SSA at 800-772-1213.

    Sincerely,
    Kay

  • Dear Noe,

    With a fairly low Social Security benefit such as yours, dependent benefits are fairly low; the the amount the children are receiving could be correct. The amount available to split among all the children is the difference between your family maximum benefit (FMB) and your own benefit called your Primary Insurance Amount (PIA). You can find out the amount of your FMB and PIA to see whether the correct amount is being paid.

    Sincerely,
    Kay

  • Dear Moe,

    Please see my response of an hour ago to your first posting yesterday.

    Sincerely,
    Kay

  • Dear Valachia,

    No, your husband is not eligible for benefits on your account unless he has a qualifying child under age sixteen in his care and his work earnings are within the limit is $16,920 gross. For every two dollars over that amount, his annual benefits would be reduced by one dollar. Otherwise he would have to be at least sixty-two years old to receive spouse’s benefits.

    Sincerely,
    Kay

  • Dear Valachia,

    You will get a questionnaire and instructions telling what information to submit. You do not need an attorney to do this.

    Sincerely,
    Kay

  • Dear Sandra,

    Your boyfriend appears to be disabled as defined by Social Security law, which requires disability to have lasted or to be expected to last twelve months.

    You can file an application for your incapacitated boyfriend. If he is not completely sedated and can sign a form SSAQ-1696 appointing you as his representative that would make things easier, but it is not necessary. The representative appointment papers can be found at https://www.ssa.gov/forms/ssa-1696.pdf. (The instructions and form look complicated because the form can also be used for appointing an attorney.)

    Whether or not your boyfriend is currently able to appoint you, I suggest that you call Social Security at 1-800-772-1213 to request an appointment to file on his behalf. Alternatively, you can walk into a local office and ask to file, but you may be turned away with an appointment. Take your boyfriend’s social security card (or at least his number) and his and your drivers licenses/state ID cards, which will show the same address. That will help you establish legitimacy for acting on his behalf if you don’t have an SSA-1696.

    If he was able to work between the two heart attacks and the work lasted less than six months and ended due to his cardiac condition, you can claim the first heart attack as the date of disability and list the recent work as an unsuccessful work attempt.

    Sincerely,
    Kay

  • Dear Mabel,

    If your husband is receiving Social Security Disability (SSDI), his payment amount will not increase at age sixty-two. SSDI will continue until he reaches full retirement age at age sixty-six. At that time he will be switched to Social Security retirement, but the amount will remain the same. When you turn sixty-two, you can apply for reduced retirement and/or reduced wife’s benefits.

    Sincerely,
    Kay

  • Dear Dana,

    Homosexual couples have the same rights under federal law as heterosexual couples. So, despite the rude and prejudice treatment you received from some Social Security employees, the bottom line issue is proving you provided more than half your stepchild’s support during the twelve months before one of the possible “dependency points.” It is good that you have been proactive in providing proof of your and your spouse’s income, rather than depending on delayed inter-agency computer interfaces that do not necessarily report income for the time period under evaluation.

    The rules for stepchild dependency are scattered about the regulations and are detailed enough to become complex. I did find two references that may be of some help. The first indicates the following:

    For a disabled worker, the potential dependency points are 1) at the beginning of the period of disability as established by Social Security; 2) at the time you became entitled to benefits (i.e., the first month FOR which you were paid benefits; and 3) the date an application is filed for the stepchild.

    Elsewhere in another section of the Procedural and Operations Manual System I found the limitation that dependency points that occur before the stepchild-stepparent relationship is established cannot be used. This comes down to meaning that the only dependency point open to you is the date of the application for your stepchild and the period during which you have to prove that you provided more than half of the child’s support is the twelve months prior to that.

    So, if I understood you correctly and if I understand the law correctly, you are submitting evidence for the correct period of time. The only extra idea I might have to offer is that if you are getting any kind of a housing allowance from the military that counts as your contribution also.

    In short, stay the course; keep your cool, continue to “kill them with courtesy,” and appeal as many times as you have to including suit federal court if needed.

    Sincerely,
    Kay

  • tamtam

    my husband has just been approved for SSDI. Will my income affect additional dependent benefits for our two minor children?

    • Dear TamTam,

      Your income will not affect your children’s eligibility for dependent benefits.

      Sincerely,
      Kay

  • Dear Pam,

    Your nephew does not qualify for benefits on your husband’s earning record. Your husband would have to adopt him for him to qualify. Your grandson will be eligible only if he is adopted or if both his parents are either deceased or disabled and receiving disability benefits themselves.

    Sincerely,
    Kay

  • You are welcome, Valachia.

  • Dear Valachia,

    When your claim is approved a continuing disability review frequency will be set. It can be a length of time less than three years, three years, five years or seven years. After the first CDR, a new period for review will be set, which may or may not be the same as the first one.

    Sincerely,
    Kay

  • Dear Anna,

    If the child is a US citizen and is not residing in a country where payment of benefits is prohibited, she can continue to receive benefits. If she is not a U.S. citizen whether or not benefits are payable depends also on which county she is a citizen of and some other factors. You can read more about the details of the law at https://www.ssa.gov/pubs/EN-05-10137.pdf.

    Sincerely,
    Kay

  • Thank you, Maria.

  • Dear Diana,

    I’m not certain what you mean by “putting” your son on your application for CHIP. I don’t think your son would qualify for CHIP because he has Medicaid, but if the application just asks for members of the family, you would list him. Note that my answer I just gave is based on logic. Because there may be specific rules that may have nothing to do with logic, I suggest that you try to get an answer from the CHIP program itself.

    Sincerely,
    Kay

  • Dear Cindy,

    Your son cannot get health insurance through your Medicare or Medicare supplementary insurance. He might qualify for insurance under the Children’s Health Insurance Plan (CHIP). Information is available at http://www.healthcare.gov.

    Sincerely,
    Kay

  • Dear De,

    With a thousand dollar benefit, the two children together might be eligible for about 40% or 50% of your benefit or about $500. You can apply as soon as the adoption is final. You can also apply for Supplemental Security Income (SSI) for the child with cognitive issues to see whether he qualifies financially and medically. The SSI application can be made now before the adoption.

    Sincerely,
    Kay

  • Dear Carly,

    Your child is not eligible for benefits on her grandmother’s earnings record.

    Sincerely,
    Kay

  • Dear Frank,

    If you have been disabled since before age twenty-two and can prove when you became disabled and that you have been continuously disabled since then, you may qualify for childhood disability benefits (CDB) paid to disabled adult children. For CDB to be payable, your mother has to be receiving benefits her self or be deceased.

    Sincerely,
    Kay

  • Dear Does It Matter,

    Please see my response of a few minutes ago to your first post.

    Sincerely,
    Kay

  • Dear Casandria,

    Dependents do not receive Medicare.

    Now that your husband is no longer eligible on your record, he can again apply for Supplemental Security Income (SSI) if your and his income is low enough for him to qualify.

    The overpayment letter should tell him why he is overpaid SSI. Note that the young spouse’s benefits should have been offset by the SSI that was paid to him to the same months to collect the SSI overpayment that would have occurred for any overlapping months of eligibility for both programs. I suggest finding out why he is overpaid to see whether you agree. If not, he can appeal. Also, if he believes he wasn’t at fault in causing the overpayment and couldn’t have known he was being overpaid, he can request waiver of repayment.

    Sincerely,
    Kay

  • Dear Does It Matter,

    The best help you can get is likely at the battered woman’s shelter. All the women who go there are embarrassed, too, and they will understand, as will the staff. The situation is not your fault. If you want to turn things around, I encourage you to try to get into the shelter; hopefully they will have room open. Once you are there in a safe environment, you will get help in making decisions about what your next steps will be toward being independent and having the ability to take care of yourself.

    As far as the Social Security benefits go, the disabled wage earner can be payee for the children. If you stay in the household, you can apply to receive wife’s benefits for having a child under age sixteen in your care; you would just have to show your marriage certificate. Doing so, however, would likely cause the children’s benefits to go down, which could anger your husband with possibly additional “punishing.” If you leave the household but remain married or have been married ten years at time of divorce, you will be able to draw wife’s benefits off your husband’s account at age sixty-two.

    Sincerely,
    Kay

  • Dear Royce,

    If your husband is receiving benefits, you can draw benefits as a dependent when you reach age sixty-two or if you have a child of your husband’s in your care and the child is under age sixteen, you can apply for benefits now and receive benefits if your work earnings are not too high. Currently, annual dependent benefits would be reduced one dollar for every two that you earned over $16,920 gross wages or net self-employment.

    Sincerely,
    Kay

  • Dear Ginger,

    Yes, you can apply for your son. If you are not working and earning too much, you can apply also based on having a child under age sixteen in your care. (Annual benefits are reduced one dollar for every two that you earn over $16,920 a year.) Back benefits will be limited to six months before the month of application, so it would be good to start the application this month by going to Social Security or calling 1-800-772-1213 for an appointment.
    Sincerely,
    Kay

  • Dear Cindy,

    Your spouse will not be eligible for benefits unless you have a child of yours under age sixteen in his care. If so, he can apply after you have been married for a year. If not, he could become eligible based on age at age sixty-two.

    Sincerely,
    Kay

  • Dear Jennifer,

    Yes, you can apply because you have a child under age sixteen in your care. Currently the family may receive the same amount of dependent benefits, just divided among three people; however, when the seventeen-year-old stops getting benefits, your being on the record will result in more payment than if you were not. Also, you might check with your state or county social services office to find out whether your state participates in the In-Home Support Services (IHSS) program. If so, you might be eligible for a small salary for taking care of your husband, who is severely disabled.

    Sincerely,
    Kay

  • Dear Alley,

    Every worker who has sufficient work to be insured under Social Security has a primary insurance amount (PIA), which is the worker’s benefit, and a family maximum benefit (FMB). If earnings have been limited the FMB is equal to the PIA and no dependent benefits are payable. I suggest that you call Social Security at 1-800-772-1213 and ask the amount of your PIA and FMB. If the FMB is more than the PIA, you can file an application for the children.

    Sincerely,
    Kay

  • Dear Malisa,

    You may be eligible if you have the child under age sixteen in your care. Simply go to your local Social Security office and apply. If you are eligible, your back pay will be limited to six months before the month of your application.

    Sincerely,
    Kay

  • Dear Carmen,

    Your child’s father receives Supplemental Security Income (SSI). The SSI does not pay dependent benefits.

    Sincerely,
    Kay

  • Dear Maria,

    Your child will receive benefits for all the same months as you if your family maximum benefit (FMB) is larger than your own benefit (your PIA). Your husband can receive benefits while working. If his annual earnings exceed $16,920, his total annual benefits will be reduced by one dollar for every two over the limit. No benefits will be paid above the family maximum; any amount payable would be split between your child and your husband. You can get the family maximum figure by calling Social Security at 1-800-772-1213. I suggest checking with your local office to find out whether your child’s application is in process and, if applicable, for your husband to apply for benefits.

    Sincerely,
    Kay

    • Maria

      Thank you for the reply. After posting my message I received my backpay payment dating back to May 2014. The award letter came about a week later. My monthly benefit payment is $2113. I called SSA to apply for benefits for my son and was given a phone appointment for later this month. The phone rep who made the appointment said they will only go back 12 months for dependent backpay. Is this correct? When I first applied I listed I was married and had a child and provided their information. My FMB is around $5045 so we will be below that amount if my child receives benefits. I want to be sure I’m asking all the right questions when I apply for my son’s benefits. My son has a disability but we did not get ssi for him so his benefit will be on my record alone. Since my husband is working and his income is above the amount you indicated we will not apply for benefits for him on my record.

      • Dear Maria,

        It is correct that the maximum retroactivity for dependent benefits (and for Social Security Disability) is twelve months, but retroactivity means the months before application. If your benefits went back to prior to your application, the dependent benefits will also.

        Sincerely,
        Kay

  • Dear Melissa,

    Your child can receive benefits on both your and your wife’s accounts under a combined family maximum. Give your local office your wife’s Social Security number so that the combined family maximum can be applied. You are right that only one of you can be the parent who receives benefits because of having a child under age sixteen in care; however, that probably not possible for either of you because each of your own disability benefits ($1,000 and $2,200) is higher than the auxiliary benefit would be for a parent.

    Sincerely,
    Kay

  • Dear Crystal,

    Your children can receive the difference between your primary insurance amount (PIA) of $900 and your family maximum benefit (FMB). You can get your FMB by calling Social Security at 800-772-1213.

    Sincerely,
    Kay

  • Dear Allora,

    If your boyfriend is being paid weekly, he is not getting Social Security. Perhaps he is receiving workers compensation or unemployment benefits. If you are not receiving SNAP (food stamps), you might apply for those at your local state or county social services office. You may also be eligible for WIC, which provides food assistance to pregnant and nursing women and their infants.

    If you boyfriend is disabled and expects to be disabled for a year, he can apply for Social Security Disability benefits. Tips for filing an application can be found under the “Social Security Disability” tab at the top of this webpage. Just click on “Apply SSD” on the drop-down menu.

    Sincerely,
    Kay

  • Dear Toad,

    Yes, your wife should be able to draw reduced spouse’s benefits if you worked enough to provide dependent benefits. Try calling Social Security at 800-772-1213 to get the amount of your Family Maximum Benefit (FMB). If it is more than your own primary insurance amount, dependent benefits are payable.

    Sincerely,
    Kay

  • Dear Queenwolf,

    Your husband’s temporary cash assistance from the state will not affect your Supplemental Security Income (SSI); however, if he is approved for Social Security Disability (SSD aka SSDI), your SSI benefits will be reduced or terminated depending on the amount of his SSDI.

    Sincerely,
    Kay

  • Dear Mike,

    No benefits are payable off your wife’s earnings record until she receives Social Security herself or dies. You might qualify for In-Home Support Services (IHSS) wages for caring for a severely disabled relative. Check with your state or county social services offices to find out whether your state participates in IHSS.

    Sincerely,
    Kay

  • Dear Trina,

    How you file your taxes does not affect your husband’s disability claims. I suggest that you contact a tax professional to help you with the filing.

    Sincerely,
    Kay

  • Dear Brad,

    Your wife’s benefits will stop when your youngest child turns sixteen. The law has decided that a sixteen year old does not need a parent at home, thus releasing the parent to be able to work. Your wife will not be eligible on your account again until she reaches retirement age. One more thing to be aware of is that when there is only one dependent receiving benefits and possibly even when it drops to two, the total amount paid to the dependents will decrease because there is a limit that a single beneficiary can receive.

    Sincerely,
    Kay

  • Dear Paul,

    Your children will be eligible for dependent benefits on your wife’s Social Security Disability (SSDI) earnings record based on their being minors. You or she should be contacted by the local office to complete the applications for the children within two weeks. If you are not, contact the office to complete the applications.

    Sincerely,
    Kay

  • Dear JJ,

    If you are satisfied that there is proof that you did not list your daughter on your application, it is to late for her to file an application now. She could file the application, but she would be denied because dependent benefits based on application after the initial application of the wage earner are limited to six months before application and she has not been eligible the last six months.

    Sincerely,
    Kay

  • Dear Kathy,

    When you turn sixty-five, you can apply for Medicare either on your own earnings record or that of your husband. Your child will not be eligible for Medicare based on being a dependent. I suggest that your family look into insurance under the Affordable Care Act (ACA) for your husband. He can apply during the sixty days after he loses his insurance through work. You cannot apply for yourself or your child through the ACA until the open enrollment period in the last quarter of the year. You can, however, investigate health insurance for your child through the Children’s Health Insurance Program (CHIP). More information about ACA and CHIP is available at http://www.healthcare.gov.

    Sincerely,
    Kay

  • Dear Brian,

    Your son’s benefit was paid in addition to your benefit and was not part of your benefit, so your benefits will not increase because his stopped. I suggest that you call Social Security at 1-800-772-1213 to get an explanation of the additional deposit.

    Sincerely,
    Kay

  • Dear Kris,

    The payment center has to confirm that you meet the non-medical requirements for eligibility. Once they do then the children’s claim processing can begin.

    Sincerely,
    Kay

  • Dear Jj0906,

    If you worked enough to be insured for dependent benefits, your daughter should have been paid benefits for the months that you were eligible and she was either under age eighteen or still in high school and under age nineteen.

    You can find out whether dependent benefits are potentially payable by calling Social Security at 1-800-772-1213 to get the amount of your Primary Insurance Amount (PIA), which is your benefit, and your Family Maximum Benefit (FMB). If your FMB is greater than your PIA, dependent benefits are potentially payable. A problem exists though in that you have waited so long to inquire about your daughter’s claim. Nonetheless, she could visit Social Security and ask to have the benefits released to her saying she was not contacted to complete the application after her mother’s approval and didn’t know she was eligible till now. You should submit a supporting statement that you listed her on your application, thus initiating an application for her.

    Sincerely,
    Kay

  • You are welcome, Cyndi.

  • Dear Cyndi,

    If the reduced benefit at your husband death is more than your own, you can choose to take it or you can choose to wait until a later date, possibly to full retirement age, when you would receive an unreduced benefit. Benefit calculations will be based on the amount your husband was receiving.

    The percentage of your husband’s benefit you get depends on how old you are when your husband dies.If you take benefits before you reach full retirement age, which for you is age sixty-seven, you will not receive full benefits. I suggest to get help with your planning that you go to your local Social Security office and ask them to calculate the reduction for taking early widows benefits at age fifty-seven or sixty.

    Sincerely,
    Kay

  • Dear Mandy,

    Social Security does not pay benefits for caring for a disabled worker. Check with your local state or county social services office to see if your state offers In-Home Support Services (IHSS) benefits, which are wages paid to individuals who care for a severely disabled relative.

    Sincerely,
    Kay

  • Dear Cyndi,

    If you are old enough to claim disabled widows benefits (fifty) or widows benefits based on age (sixty), you would receive the difference between your disability benefit and the amount you could get on your husband’s record if you were not already getting Social Security Disability. That amount–the amount it would be if you didn’t have your own benefit–will depend on how old you are when he passes away. If you are full retirement age you would receive the difference between $1,300 and $822. If you are younger, there is a reduction for each month you take survivor benefits before your full retirement age. You have the choice of applying for reduced benefits or leaving the benefits to get the higher amount later.

    Sincerely,
    Kay

  • You are welcome, Cyndi.

  • Dear Michael,

    Supplemental Security Income (SSI) is a needs-based program with income limits. The maximum federal SSI rate for a disabled couple is $1,103 ($1,100 in 2016). Because your wife’s income exceeds that amount, no SSI is payable.

    Sincerely,
    Kay

  • You are welcome, Ben. I and everyone at Disability Advisor is pleased to be of service.

  • Dear Cyndi,

    If you have your husband’s child or stepchild under age sixteen in your care, you could draw benefits from your husband’s account if the spouse’s benefits is more than your own disability benefit. If that is the case, you will continue to receive your own SSDI and receive an additional amount from your husband’s account. Otherwise, you will not be eligible for spouse’s benefit until you are age sixty-two.

    Sincerely,
    Kay

  • Dear Josh,

    The total amount your four children will receive depends on your family maximum benefit (FMB), which is based on your work earnings and a multi-tiered calculation The difference between your FMB and your primary insurance amount (PIA), which is your benefit is the amount payable. You may be able to get an estimated FMB from your local office or online at http://www.ssa.gov, if the amount is visible while benefits are being calculated.

    Sincerely,
    Kay

  • Dear Ben,

    Your wife would have to have filed a claim at the time you were approved. Not all spouses with young children in care are automatically eligible. Some are working and not eligible because they are earning too much. It is also possible that all the dependent benefits were being paid out to your child. If more than $50 in dependent benefits can be paid, you could try to contend that SSA should have notified your wife of potential benefits at the time and didn’t, but I am not sure that you would be successful in getting additional retroactivity. The first place to start is to see whether additional dependent benefits are payable above the amount already being paid, that is, is the difference between your primary insurance amount and your maximum family benefit greater than the amount your child is receiving?

    Sincerely,
    Kay

  • Dear Jill,

    If your husband’s work history was strong enough to provide dependent benefits, your daughter is eligible for benefits. I suggest that you take your husband’s Social Security number to your local Social Security office to file a claim for her. That will be the most reliable way to find out whether her father is insured for dependent benefits. Back benefits are limited to six months before application so be sure to start the application this month to avoid possible loss of benefits.

    Sincerely,
    Kay

  • Dear Dar,

    Your autistic child is not eligible for Supplemental Security Income (SSI) disability because of the amount of Social Security survivor benefits he or she receives. However, when the child turns eighteen you can apply for Social Security childhood disability benefits (CDB) on the same earnings record. CDB are paid to adult children who become disabled before age twenty-two.

    If one of the children is under age sixteen, you can apply for benefits for yourself. Your eligibility might cause a reduction in your children’s benefits, but it is possible that all three could exceed the total that is now being paid. It also could protect your rights to future disabled widows benefits if you were to become disabled. If your autistic child is severely impaired, you might be eligible for In-Home Support Services (IHSS) payments, which are paid to individuals who care for a severely disabled relative. Check with your state or county social services office to learn whether your state participates in the IHSS program and, if so, to apply.

    Sincerely,
    Kay

  • Dear Angie,

    You are correct; your current spouse has to be married to you for a year before he or she is eligible for benefits on your record. Additionally, your spouse either has to be age sixty-two or has to have your children in his care (living in same household).

    You cannot receive benefits off your spouse’s account until you are at least age sixty-two unless the children qualify for benefits on his account. The children can draw benefits off both you and your spouse’s account if your spouse was providing more than half of their support at disability onset or certain other points in time related to the disability application.

    Sincerely,
    Kay

  • Dear Klo,

    If your boyfriend is approved for Social Security Disability, the underpayment will be paid to the children. If they are minors, they will need a representative payee. You can apply to be payee. As their payee, you will be responsible for using the money only for them and you will have to account for its use annually. The children may also be eligible for dependent benefits and then survivor benefits. If he is approved for Supplemental Security Income (SSI), the SSI underpayment will not be payable to you or the children.

    Sincerely,
    Kay

  • Dear Kathyrn,

    Based on your age, twenty-six credits is enough credits for Social Security Disability. With two minor children who have no income, your husband’s income would allow you to be eligible for SSI if your family’s assets are also within the SSI limits.

    Sincerely,
    Kay

    • Kathryn D Combee Kelley

      Thank you. That puts my mind to rest a little bit. Medical bills have definitely piled up these past two years especially haveing to go to the dr once a week and several hospital stays.

  • Dear Kathryn,

    If you worked for seven years, you might actually be insured. At your age you need roughly eight work credits and as many as four can be earned a year. I suggest that you file a Social Security Disability (SSD aka SSDI) claim to get a formal determination on your insured status. If you worked in 2015 or 2016, take your 2015 W-2 form and any pay stubs you have from 2016 with you when you apply. Do not accept an informal denial.

    For your children to receive dependent benefits, you have to be eligible for SSD and you have to have worked enough to provide a family maximum benefit higher than your own benefit. If you want to give me the amount of your husband’s gross earnings, I will let you know if they are too for you to be SSI eligible.

    Sincerely,
    Kay

  • Deborah

    If my son is legally an adult over 21 yrs and is having medical difficulties who would I contact about being temporary guardian when he is incoherent from seizures ?

    • Dear Deborah,

      It sounds as if part of the time your son is able to handle his affairs and part of the time he is not. If that is the case, you could possibly just have him grant you power of attorney to take care of his affairs at times he can’t. If on the other had his judgement is impaired and he is not using his benefits to pay for his housing, utilities, and food, then he may need a legal guardian appointed by a court. If that is the case I suggest you contact an attorney who is experienced in guardianship law to assist you.

      If your son receives Social Security or Supplemental Security Income benefits, you can apply to be his representative payee. This can be done without getting a guardianship, but you would need some medical evidence that your son needs a payee. A conversation with his doctor could be helpful. If the doctor agrees that you son is not capable of managing his funds, he could complete an SSA 787 for you to take to Social Security when you apply to be payee. The SSA-787 is available online at http://www.ecpayee.org/uploads/8/8/7/4/8874367/doctor_statement_ssa_787.pdf

      Sincerely,
      Kay

  • Dear Katherine,

    Check with your local state or county social services department to see if your state has a In-Home Support Services (IHSS) program. IHSS pays modest wages to individuals who care for a severely disabled relative. With your reduction in income, your family might also qualify for SNAP (food assistance card).

    Sincerely,
    Kay

  • Dear Glenn,

    If your wife were to work and earn enough that you did not need help from her parents, your benefit might go back up to $733 because part of your wife’s earnings would be excluded as a work incentive and part would be allocated for the support of the children unless they each have income of $367 or more.

    Sincerely,
    Kay

  • Dear Carla,

    The information you are relating is not correct. Nothing can be paid off your account while you are living and not receiving benefits yourself. Even if you were receiving benefits, your husband would have to have a child or stepchild of yours under age sixteen in his care or be age sixty-two. Then he would continue to receive his own SSDI and receive some benefit from your account only if it was higher than his own.

    Sincerely,
    Kay

    Sincerely,
    Kay

  • Dear Mabel,

    If your husband is receiving Social Security Disability (SSDI), his benefit will stay the same regardless of what state he lives in. ($733 is the maximum Supplemental Security Income–SSI–amount.) If your husband is receiving SSDI, you can apply for wife’s benefits based on age when you reach age sixty-two. The amount will be reduced to an amount equal to about 32.5% of your husband’s benefit, about $322.)

    Sincerely,
    Kay

  • Dear Rick,

    When your wife turned sixty-two, she became eligible for spousal benefits based on her age; however, all spouse’s benefits are reduced if taken before full retirement age. The percentage of reduction depends on the number of months of early benefits taken. The reduction is permanent.

    Your wife can use the calculator on the Social Security website to figure the reduction. The link is https://www.ssa.gov/OACT/quickcalc/spouse.html. The calculator will give her the amount she would be eligible for if she did were not receiving benefits on her own earnings record. The actual amount of spousal benefits she will receive will be the difference between her reduced spousal benefit and the Social Security Disability (SSD aka SSDI) benefit she is now receiving. For example, if the calculator tells her she is eligible for $700 and she is receiving $500 in SSDI benefits, her actual spouse’s benefit will be $200. Survivor benefits for a spouse at full retirement age is 100% of the amount the deceased worker was eligible to receive.

    Sincerely,
    Kay

    Sincerely,
    Kay

  • Dear Brian,

    I suggest calling Social Security at 800-772-1213 and asking for the amount of your Primary Insurance Amount (PIA), which is the amount of your benefit before reduction for Medicare premiums, and the amount of your family maximum benefit (FMB). If your FMB is higher than your PIA, then your children will be eligible for benefits. If they are, be sure to at least start the applications this month because there is a six-month limit on back pay for dependents.

    Depending on how much your wife is earning and whether your $740 Social Security is the gross amount before Medicare premium deductions, you might be eligible for a small amount in Supplemental Security Income (SSI) disability benefits to supplement your Social Security. (Plus in most states, SSI gives you Medicaid and Medicaid will pay your Medicare premium). You can start that application as well as the children’s by asking for an appointment when you call the 800 number.

    When the actual SSI application is filed, be prepared to provide your wife’s pay stubs. Also, if you are approved for SSI, report when the children’s Social Security dependent benefits start, if they are eligible, because their income that might affect your SSI eligibility. You can learn about SSI by reading the articles posted under the “SSI” tab at the top of this webpage.

    Sincerely,
    Kay

  • Dear Anthony,

    You have been given incorrect information. Your wife can apply for benefits based on her age and your entitlement to Social Security Disability. At age sixty-five she will have a very small reduction for taking the benefit before her full retirement age, which is age sixty -six. If she is not working or is earning less than $15,720 gross a year ($16,920 in 2017), it will likely be to her advantage to take the benefits now. If you are again told she is not eligible, you can reference Social Security’s procedures manual, specifically RS 00202.001 Spouse, C., which states that a spouse can receive benefits based on age at age sixty-two if his or her spouse is receiving “RIB” (retirement insurance benefits) or “DIB” (disability insurance benefits).

    Sincerely,
    Kay

  • Dear Renee,

    If your husband is receiving Supplemental Security Income (SSI) disability benefits, no family benefits are payable. If he is receiving Social Security Disability (SSD aka SSDI), family benefits are payable if the Family Maximum Benefit (FMB) is more than your husband’s Primary Insurance Amount (PIA), which is the amount he receives before reduction for taxes or Medicare premiums. Your husband can learn the amount of his FMB and PIA by calling Social Security at 1-800-=772-1213.

    Additionally, to qualify for benefits, the children must be either under age eighteen or still in school and under age nineteen. To qualify for benefits, you have to either be age sixty-two or have a child under age sixteen in your care and not have work earnings too high to qualify.

    Sincerely,
    Kay

  • Hollie

    Kay,
    The father of my son owes 24,000 in back child support. He claimed in court that he was getting approved for SSDI AND possibly getting SSDI back pay from 2011 ( awarding him potentially 60,000 in lump sum), even though he just filed this year for benefits. 2 questions. Is 5 years back pay possible, as everything i read online conflicts with that. Saying you can only go back 12 months prior to the date you originally filed. And lastly, can i file for benefits for our son if i don’t have the fathers social security number? ( we don’t communicate)

    • Kay Derochie

      Dear Hollie,

      You are correct that back pay is limited to twelve months before the month of original application. Check with the state social services office about what needs to be done so that part of the Social Security back pay is garnished for payment of past-due court-ordered child support.

      The father’s Social Security number may be somewhere on the court order for child support or if you had an attorney to get the child support, the attorney may have it in your case file. Otherwise, the father may list the child on his Social Security application; if he does and he has contact information for you, Social Security will contact you.

      Sincerely,
      Kay

  • James Mulholland

    Dear Kay,

    I have a congenital disorder, I’m 39, married and have 2 children. I’m curious about the Disabled Adult Child provision. I’ve been on SSI and Medicaid my entire life. I understand that my being married disqualifies me for SSDI. I have read that there are exceptions, if I’m married to an adult disabled child I may be able to qualify for SSDI. I’ve also read that if I’m married to a Social Security beneficiary I may qualify for SSDI. I have a daughter with Down syndrome, she’s on SSI and Medicaid, Social Security considers her disabled as well. Being that she’s a dependant and a minor, her SSI benefit comes to my wife for our daughter. I believe this means that my wife is a Social Security beneficiary, though I’m not sure. If this is the case, would this be an exception, could I qualify for SSDI?

    • Kay Derochie

      Dear James,

      The only way you can qualify for Social Security Disability (SSD aka SSDI) is to have worked and earned enough credits to earn a benefit. The benefit you are writing about is Childhood Disability Benefits (CDB) paid to disabled adult children.

      Supplemental Security Income (SSI), which you receive, does not pay dependent benefits nor does it pay parents to care for a disabled child. For you to become eligible for CDB benefits, your wife would have to become eligible for Social Security Disability based on her own disability and her own earnings record or have to be receiving CDB benefits herself. This means that your wife does not have a status that qualifies you to receive CDB benefits.

      If your child is severely disabled requiring significant care giving that you are not able to give because of your disability, your wife might be eligible for In-Home Support Services (IHSS) income, which is a wage paid to persons caring for severely disabled relatives. She can inquire about IHSS at your local state or county social services office.

      Sincerely,
      Kay

  • Mat

    Im currently on ssi or ssd for 733$ a month in ohio. If i get married and have custody of my 2 children, my wife not working
    How would my ssi change or would it increase?

    • Kay Derochie

      Dear Mat,

      The $733 figure indicates that you are probably receiving Supplemental Security Income (SSI). If you marry, your SSI will not increase. Her income and assets will be considered in determining your eligibility and payment amount. If your wife has no income and the two of you together do not have countable assets over $3,000, your marriage will not affect your SSI eligibility or payment amount. If she later works, part of her income will be excluded for her own support and for the support of your two children. So, even if she works later, her income might not affect your benefit.

      Sincerely,
      Kay

  • elaine

    my husband has been getting disability for vision impairment for over 10 years and i was wondering if i qualify for a portion too

    • Kay Derochie

      Dear Elaine,

      If your husband is receiving Social Security Disability benefits and his earnings record is strong enough to provide dependent benefits, you can apply for benefits if you are age sixty-two or you have a child (in some cases a stepchild) of your husband’s under age sixteen in your care. Your husband can find out whether dependent benefits are payable by calling Social Security at 1-800-772-1213 and asking whether his family maximum benefit is more than his own benefit before Medicare premiums and/or tax deductions.

      Sincerely,
      Kay

  • Mat

    Im currently on ssi in ohio for $733 per month. If i get married to my childrens mother of 2 kids, will my ssi benefits go up. She doesnt work and im only qualified for ssi.

    • Kay Derochie

      Dear Mat,

      Your benefits will not go up if you marry. If your wife has income or assets, her income and assets will be considered in determining your eligibility for Supplemental Security Income (SSI) and your SSI payment amount. You can read more about this in the article “What Are Deemed Income and Resources and How Do They Affect SSI Payment Amounts and Qualifying for SSI Disability?” under the “SSI” tab at the top of this web page.

      Sincerely,
      Kay

  • Cheryl

    Kay,

    Thank you for your informative article.

    My husband is 63 and disabled since 2012.

    In 2014, our 4 year old granddaughter was made a ward of the state and placed with us.

    We petitioned to adopt in February of this year. It was finalized in October of this year.

    Will she be eligible for benefits regardless of my income? Will there be any retroactive? We accepted no money from the state for her care while she was a ward of the state.

    • Kay Derochie

      Dear Cheryl,

      Your granddaughter became eligible for dependent benefits in October when the adoption was finalized. You can apply for her by taking her new adoptive birth certificate, the finalized adoption papers, and her Social Security number to a local office.

      Sincerely,
      Kay

  • My ex husband is receiving disability and residual payments for our twins. Our twins spend 35% of the time with him and 65% of the time with me. How do I ask SSA to split the residual payments according to the amount of time the children spend with each of us?

    • Kay Derochie

      Dear Sarah,

      Social Security will not divide the children’s dependent benefits between two payees. The parent who is the payee can write a check to the other parent off the children’s account. The amount would be a percentage of the benefit that matches the percentage of time in the other parent’s care. For example, if the children’s check is paid to their father and each child receives $200, then he would write you two checks for $130 ($200 x .65). Conversely, if you receive the benefits, you would write their father checks for $70 ($200 x .35). The purpose of writing checks is to have proof when filing a payee accounting form that the money was turned over to the other parent for the children’s food and other needs while absent from the payee’s home.

      Sincerely,
      Kay

  • Simon

    My sister-in-law separated from her boyfriend of 4 years, last May. She and her two kids moved in with us. Since that time he has not given her a dime for taking care of their kids. Is he allowed to receive the kids money without adding her as the caregiver since, ultimately, she is the one taking care of them. Also, I don’t see how a disabled person would be qualified to take care of two babies if he is unable to take care of himself. If he does spend the money he is receiving for the kids on himself is that considered fraud? Obviously, l asked her to put him in child support but she has procrastinated in doing so. Any information on this matter would help.

    • Kay Derochie

      Dear Simon,

      If the children are receiving benefits on their father’s Social Security record, your sister-in-law can go to Social Security, report that the children are living with her, and apply to be representative payee to receive the children’s benefits. She can also report that she has not received any of the Social Security dependent money from the father to support the children since they left his care last May.

      Sincerely,
      Kay

  • Vanessa

    Hello. My daughter is 13 and received dependent care/ beneficiary benefits with me as payee. She basically ran away to live with grandparents without my approval. She is on my lease which I’m still obligated to pay. She received d dependent care under MY DISABILITY. Ssdi. I don’t know what to do. I’m fighting to get her back home and am in court for an unknown amount if time. There is no communication with my daughter or grandparents. They have 5 times my income but both qualify by age for ssi I believe. What is my obligation as payee. I really need help with this.

    • Kay Derochie

      Dear Vanessa,

      As representative payee, you cannot use your daughter’s benefits for anything other than your daughter’s needs. Also, you have the responsibility to see that her shelter and food are paid for. Because you know they are and because you are in court trying to get physical custody back, one solution would be to save all your daughter’s benefits so that you can report that you are saving the money for her use once she is back in your care. The only reason this could be acceptable is that you are taking court action to return her to you. Realize that you will have to explain this on the next payee reporting form.

      Other options are to send an amount to the grandparents each month for her care (check with your attorney about this first for possible impact on your court case and be sure to keep cancelled checks as proof), report her location to Social Security and ask them to contact the grandparents to be payee temporarily until you get custody back (ditto regarding discussing this with your attorney). The last option, which I think you are alluding to, is using some of the money to pay your rent while she is gone for the purpose of maintaining a home for her to return to. This last option might be okay for a relatively short period of time–a few months, for example–but if the time becomes very extended or the court rules in the grandparents’ favor, you might have to refund to Social Security the money you used on rent.

      Sincerely,
      Kay

  • Annie

    My father is on disability because of a stroke. He currently has health insurance through COBRA, but it does not cover my mother. She was a fulltime stay at home mother, and will now need to buy her own insurance. Does she need to put his disability payments as part of the ‘household’ income when applying through the Health Care Act? Where can I help her find affordable health insurance?

    • Kay Derochie

      Dear Annie,

      I don’t know the answer to your question. Look carefully at the instructions on the application form for what it says about whose income that has to be listed. Also, COBRA coverage is usually very expensive, so it might be worthwhile to see what insurance under the Affordable Care Act (ACA) would cost for both of your mother and father considering both of their incomes. (Your father can switch because it is the ACA open enrollment this month.)

      Sincerely,
      Kay

      • It won’t let me just ask a question so I’m doing it this way I hope you see it. Any way I’m disabled and on ssdi. My sister gave custody of her two children to me age 10 and 4 she has nothing to do with them and neither child has a father in the picture one of them don’t even know who dad is and the other dropped off the face of the planet a few years ago. Well at this point I’m having trouble with supporting myself and two kids off of the amount I get. Would they qualify for dependant benefits under me?

        • Kay Derochie

          Dear Mary,

          The only way your sister’s children would qualify for Social Security dependent benefits would be if you were to adopt them. You might, however, check with your local state or county social services department to see whether there is any assistance available for the children and/or see if your family is eligible for food stamps.

          Sincerely,
          Kay

  • Cathy

    Question: My adult disabled child started collecting child benefits off my husband SS benefits. I will be 62 and will also apply off my husband’s benefits. I know I will get a reduced amount because of early retirement. Will my child get only half of his father’s benefits or will he get the rest of what I’m not getting. Ex. Child receiving $1000/mo. I get $350 reduced benefits. Will he get $500 or $650?

    • Post Note
      The reason I am asking this, is because I was told that we will split the benefit in half when I go on it but my half would be reduced due to early retirement. My child is receiving $1000/mo. as the only dependent right now.

      • Kay Derochie

        Dear Cathy,

        Please see my response of a few minutes ago to your first post.

        Sincerely,
        Kay

    • Kay Derochie

      Dear Cathy,

      In your example, your child would get $500 if the family maximum provided only $1,000 for dependent benefits. The maximum dependent benefits payable to both of you (each capped at 50% and your 50% reduced by early retirement) is the difference between your husband’s Primary Insurance Amount (PIA), which is what he receives, and his Family Maximum Benefit (FMB). He can get these two figures by calling Social Security at 1-800-772-1213.

      But here’s another thought: if your disabled adult child lives with you and you care for him, you may be eligible for young wife’s benefits prior to age sixty two and after for having a disabled adult child in your care. Young wife’s benefits are not reduced.

      Sincerely,
      Kay

  • andrew montelongo

    I am an adult disabled child recieving benifits off of my fathers disability… i have two kids one of wich will be starting auxiliary benifits under my earnings …. his payment will be 11 dollars… would he qualify for supplemental security income since the benifits are so low

    • Kay Derochie

      Dear Andrew,

      Your children would qualify for Supplemental Security Income (SSI) only if they are disabled.

      Sincerely,
      Kay

      • Kiki

        Hey, I have a question. It seems that my daughter’s father and his wife has been receiving benefits since 2013 for my daughter being a stepchild. I have always had custody. They had her dad listed as the payee and the benefits have been paid. What do this mean for my daughter?

        • Kay Derochie

          Dear Kiki,

          As I understand it, your child’s stepmother has been drawing dependent stepchild benefits on her earnings record for your daughter. This raises two issues.

          The first is to be eligible as a stepchild, the child has to have been receiving fifty percent or more of her support from the stepparent at certain points in time related to when her stepmother became disabled and applied for benefits. This is remotely possible if the child’s father has had no income and his wife has been paying his child support for the child; otherwise it is unlikely.

          The second is possible misuse of funds. If the money has not been turned over to you for your child’s support or used by her stepmother or her father entirely for her or saved for her, they may have misused funds. I recommend that you report the situation to Social Security right away, in writing, and ask them to collect in incorrectly paid benefits to remove the overpayment. This is important because if she was overpaid as a child, the overpayment could be collected from any future disability or retirement benefits she might be eligible for as an adult.

          If benefits are due and you have not received any of the benefits from the father and stepmother for your child’s support, apply to be your daughter’s payee so the benefits can come to you because you have primary physical custody. If the funds were misused and Social Security can get them back, the will be reissued to you.

          Sincerely,
          Kay

          Sincerely,

  • Karen Chargo

    Good Day. My husband is receiving SSDI. We have no children and I am his caregiver at the present as well as my elderly parents during the winter months. Are there any programs that Social Security could help me to go back to college and get my degree? We have been married for 20 years. Thank you in advance.

    • Kay Derochie

      Dear Karen,

      There are no programs connected to your husband’s entitlement to Social Security Disability benefits that will help you go to college; however, you may qualify for government or private grants. Try searching online for student financial aid or request financial aid guidance from the college you want to attend. Note that some grants and scholarships are geared toward women and toward people pursuing degrees in mid-life, so you might search for some of those.

      Sincerely,
      Kay

  • Dan

    I am presently 60 years old and receiving SSDI my wife is 6 months younger than me, she has her own earnings record but not near as high as mine. If she applies for Social Security at 62 how is her benefit calculated.

    • Kay Derochie

      Dear Dan,

      Your wife will be paid first on her own earnings record. If her early retirement spouse’s benefit is higher than her own early retirement benefit, the difference between the two will be paid off your earnings record. Depending on the amount of your benefit, her spouse’s benefit (if she didn’t have her own retirement) would be half of your benefit reduced for taking benefits four years and eight months early. The reduction factor would be about 33% on both her and your records.

      Sincerely,
      Kay

  • Tam

    My same sex partner and I have raised a child together. She was approved for disability and received her 1st ssdi check in March, 2015.
    We live in KY and were not eligible to get married until the Supreme Court’s ruling in June, 2015. My question is can we apply for stepchild benefits after one year of marriage?
    Also, how is it determined that she provided half of her support?

    • Kay Derochie

      Dear Tam,

      Married people of the same gender have the same Social Security benefits and rights as heterosexual married couples. Those rights extend to the criteria for their dependents, including potential benefits for stepchildren after one year of marriage.

      I can’t give you a definitive answer on how to prove 50% support of the child at the time of entitlement to disability benefits because there are several factors. For example, if you did not have income and your spouse did and the child had no income, it could be deduced that your spouse was supporting the child. Usually, the situation is not as clear as that, so I suggest that you apply for the child and provide what information you have.

      Sincerely,
      Kay

  • Michelle

    My husband was just approved for ssdi due to start in November due to blindness. My 10 year old son has been receiving ssi since he was 3 for autism. I don’t work, obviously. Would my son be able to draw off my husband’s ssdi and still receive his ssi payment? If I receive a check for spouse benefits would that lower my sons check(s)? Would all of the checks be counted together or are ssi & SSSI separate? Would like to try to find a way to receive the most possible since there is no way I can work with two disabled people in my home I care for. My husband will be receiving $1,180 a month. My sons ssi is $650 as of now.

    • Kay Derochie

      Dear Michelle,

      Your son will be required to apply for dependent benefits on his father’s account because SSI is intended to supplement other income, not replace other income. If you do not apply for young wife’s benefits, your son’s SSI will drop to about $103 due to your husband’s income and your son’s dependent benefits. I can provide more information about the effect of your applying for benefits if you will tell me the amount of your husband’s family maximum benefit (FMB). He can get that amount by calling Social Security at 1-800-772-1213. (Note that being entitled on your husband’s record could protect you for future benefits should your husband die before your son turns eighteen.)
      I suggest checking with your local state or county social services office to find out whether your state has In-Home Support Services (IHSS). If it does, you may be eligible to receive wages for caring for a severely disabled relative.

      Sincerely,
      Kay

  • Renee

    I have a question about benefits. I’m a 70% service connected Veteran. I was approved for benefits, but for a closed period because I went back to work. My issues are now preventing me from keeping my job and I am going to resign. My question is, am I eligible to do an expedited reinstatement to possibly get back on SSDI? Also, my husband is currently receiving SSDI and we have three children together all for whom I receive auxillary benefits, as I am their rep payee. Should I get approved for SSDI, would I receive their auxillary benefits from my husband as well as from myself as well? Is that double dipping?

    • Kay Derochie

      Dear Renee,

      The only way you would be eligible for Expedited Reinstatement (ER) would be if, by the time you were approved, you had already used up the nine-month Trial Work Period (TWP) and the thirty-six month Extended Period of Eligibility. If, instead, the closed period was the result of a determination that you had recovered medically, the ER would not apply.

      There is one potential benefit to having been eligible previously. If your claim closure was less than five years ago and your current disability is due to the same cause or causes, you will not have an unpaid five-month waiting period for benefits to start.

      Sincerely,
      Kay

  • Debra

    Can a child draw disability benefits from one parent and survivor benefits from the other? If so, how does that work? Are the two records grouped together? And what if the father that’s drawing the disability has other children not belonging to the deceased, that is eligible for his disability, does the survivor benefits affect those children?

    • Kay Derochie

      Dear Debra,

      The child receiving survivor benefits could also receive dependent benefits from the disabled parent’s earnings record under a combined family maximum. The dependent benefits for the father’s other dependent children would not be affected by the survivor benefits paid to their half-sibling.

      Sincerely,
      Kay

    • David fernald

      I don’t know where to post this so here we go. I have been approved for ssdi my question is about back pay my wife and are not divorced but have not lived together since 2011. How do I apply for benifits for my 2 12 yr old boys.she has physical custody

      • Kay Derochie

        Dear David,

        Children’s benefits are usually paid to the parent with physical custody. Ask your wife to apply for the benefits for your child and let Social Security know that she will be applying.

        Sincerely,
        Kay

  • Robin R Minor

    I have had I slight attack a few days ago. My PCP says it’s a malignant Chronic hypertension and chronic high blood pressure. Now I take 9 pills. And the chest pain is still there. Whst else do the SSA need, me to die or be a straight vegetable? If a person’s had 2 strokes and a heart attack, and a their blood pressure never is below 200/100. And they have headaches everyday. What’s their problem, I go to the doctor every week. And everything stays the same, and they get that information too. Which says I am prone to attacks even when hospitalized or taking medication. I should be getting both SSI/ SSDI at my health.

    • Kay Derochie

      Dear Robin,

      Please see my reply to your first two posts in which I discuss the non-medical requirements for benefits. It sounds as if you have informed Social Security of your recent heart attack and are keeping the agency updated with changes in your health, so all you can do now is wait for the medical decision.

      Sincerely,
      Kay

  • Michelle santos

    My children’s father and i live together. He wentbto apply for ssi/ssd due to his spinal injuries. However they’ve told him that he can not apply because i receive ssd benefits already. But my question is how is thay accurate if we’re not married?

    • Michelle santos

      I meant to say how is that* accurate if we aren’t married. We do have 2 children together and have been together 19 years. They have told me it’s common law marriage but new york does not recognize common law marriage.can you hwlo me please.

    • Kay Derochie

      Dear Michelle,

      This is in response to both of your posts. You have been given incorrect information. First of all, Social Security Disability (SSD) eligibility is never dependent on a spouse’s income and assets. And, as far as Supplemental Security Income (SSI) goes, your income does not affect your boyfriend’s eligibility; as you point out, you are not married. He can file both an SSD and SSI claim and should insist on doing so. If he is denied SSI due to your income, he should appeal, even to a hearing if he has to. (If you are providing him with free housing and he is approved for SSI, hisSSI benefit will be reduced for the in-kind (non-cash) income he is getting from you in the form of housing.)

      Sincerely,
      Kay

      • Cat

        She’s getting dinged on the “holding out as married” regs, so he can’t apply for SSI.

        She can appeal, but there is no real possibility of winning given the situation.

        I assume he doesn’t have the work credits for ssdi.

        • Kay Derochie

          Dear Cat,

          First, the state has to be a common-law state. If it is and they tell people they are married, then they are. If it is not a common-law state, there is no such thing as “holding out.”

          Sincerely,
          Kay

          • cat

            Kay,

            It has nothing to do with state laws.

            Holding out as married is a Social Security regulation.

            https://secure.ssa.gov/poms.nsf/lnx/0500501152

            Michelle, your only real option is to live separately. If you have separate legal addresses, he can apply for SSI.

            The other possibility is to apply for SSDI if he is eligible. There are no living restrictions on SSDI, but he needs to have worked and paid a certain amount into social security to be eligible.

            • Kay Derochie

              Dear Cat,

              The Social Security regulation you have posted is applied only in states that recognize common law. Also having separate mailing addresses has nothing to do with establishing living arrangements. Where a person resides is the determining factor, not where they have their mail goes.

              Sincerely,
              Kay

              • Cat

                Thank you, Kay.

                I did not write anything about mailing addresses. I said live separately and have a separate legal address.

                I have never heard of any social security regulation being applied differently in different states.

                Could you please let me know where you read that the “holding out as married” regulations are applied differently in different states?

                There is no mention of this in the policy.

                I would be very surprised if this is true, but if you know more about it, I would love to know.

                Thanks so much,

                Cat

      • Cat

        It does not matter what they common law regs are in New York state. They are just using that as a phrase to describe your living situation. The actual regulation is “holding out as married.”

        • Kay Derochie

          Dear Cat,

          You are mistaken. Social Security has no “holding out” law. Social Security goes by state law on whether or not a person is married. New York is not a common law state. The parties should appeal.

          Sincerely,
          Kay

  • Mark Cropper

    Quick question, i dont understand why, im only recieving 744.00 a month,and i no other individuals who are recieving more than, me around 1.000 or more, and have not worked, and there condition is not what my condition is, some of them worse some not, and it is begining to be harder for me to apply to see if my son will or can draw from my monthly check, ,,, thank you for your time,,,,,

    Mark,L,Cropper

    • Kay Derochie

      Dear Mark,

      No one could be drawing Social Security Disability benefits without having worked. A person who became disabled before age twenty-two and is unmarried could receive Childhood Disabilty Benefits on a parent’s account if the parent is receiving benefits or is deceased or a disabled surviving divorced spouse could receive survivor’s benefits on a deceased spouse’s record. Also, benefit amounts are not graduated based on degree of disability. Either a person is disabled according to disability law or not. You can learn more about how decisions are made and the various criteria that are used to determine disability by reading the first article under the “Claim Process” tab at the top of this webpage.

      You can find out whether your child is eligible for dependent benefits by calling Social Security and requesting the amount of your Primary Insurance Amount (PIA) and your family maximum benefit (FMB). If the FMB is more than the PIA, your child will be eligible for benefits; you just need to file an application for him or her. Also note that if the $744 you are receiving is your gross Social Security benefit before reduction for Medicare, you might be eligible for a small amount of Supplemental Security Income (SSI) disability payments. You can apply for SSI in your local Social Security office.

      Sincerely,
      Kay

  • Leesa Lopez

    I have 3 kids and right now 2 of them are not on their dads social security b/c when we went to put our 11 yr old on they just took the money away from his ck instead of her having a ck of her own is that wat they were supposed to do? cuz the way im taking it hes supposed to get his whole benefit amount of 1170 and she should be getting some of her own ?????

    • Kay Derochie

      Dear Leesa,

      I suggest that you and the children’s father talk to Social Security to get a clear explanation of the situation. You are correct that the wage earner’s benefits are not reduced by children’s benefits that are paid. Before talking to Social Security, it might be helpful to have the children’s father call Social Security at 1-800-772-1213 and find out the amount of his Primary Insurance Amount (PIA), which is his benefit before reduction for Medicare premiums, and his Family Maximum Benefit (FMB). He should be receiving the PIA amount reduced by Medicare premiums if any, and the three children should receive the difference between the PIA and the FMB split among them. He should also ask the names of the dependents now entitled on his account and to whom the benefits are being paid. That information will give you a frame of reference for your discussion with Social Security about how to get all the children entitled to benefits. There is some chance that they are all already entitled and the benefits have been combined with their father’s into a single payment.

      Sincerely,
      Kay

      • Tony

        Hello if my children are approved for benefits how long would they have to wait before they are paid out? I just recently became approved and was told they would qualify just dont understand if they have to wait the 5 months as well??

        • Kay Derochie

          Dear Tony,

          The children will be eligible for Social Security dependent benefits in the same months that you are eligible for Social Security Disability benefits.

          Sincerely,
          Kay

          • Emily

            Hello

            For some reason I couldn’t post a comment so I had to reply to this one. I hope that’s ok.
            My husband receives SSDI. He’s been getting his monthly payments for almost two years now & has received all of his back pay.
            We had hired an attorney & had to jump through all of the hoops, go to the hearing, etc., & now he’s approved.
            Our attorney never told us about the child benefit so we never applied. A friend of mine mentioned it so I called SS about 2 months ago & finally had a phone interview last week. As far as I could tell everything went fine & he said we’d be getting something in the mail within 30 days.
            The caseworker said he’d have to see if the attorney was entitled to any of the back pay.
            A couple of questions.
            1. My attorney already kept 25% of our original back pay. Is he entitled to more?
            2. How far back will they pay for the retro pay (my husband was declared disabled November 2012)?
            3. How long will it take to get said retro payments?
            4. The caseworker said the claim would be through within 30 days & we would get the monthly payments on the 3rd of the month (supposed to get a direct express card). Should the first monthly payment be available by October 3rd (that would be more than 30 days since my interview)?

            Thank you so much for any information you can provide!

            • Kay Derochie

              Dear Emily,

              If your husband listed your child(ren) on the initial application and was not contacted about filing a claim for them, the back pay will go back to the same month your husband’s benefits began to accrue. If he did not list the children or received a request to complete an application and didn’t follow through, then benefits will be limited to six months before the month of application for them.

              If payment is started with six months retroactivity, as it probably will be, you or your husband–whoever applied to be payee–can file a request for reconsideration appealing the start date and asserting that he listed the children and was never contacted about a claim and didn’t know to file.

              The thirty-day estimate is probably a little optimist. If you husband receives his benefits on the third, the children’s regular monthly benefits will be paid on the third. The back pay can be paid on any date. The attorney may be eligible for 25% of the back pay up to $6,000; however, you might be able to appeal the amount paid to him because he did not let you know to file the claim.

              Sincerely,
              Kay

          • Tony

            Hello thank you for answering… 1 last question will the date im scheduled to be paid on change bec my children are going to be receiving bwnefits?

            • Kay Derochie

              Dear Tony,

              Your payment date will not change. Your children’s benefits will be issued on the same date as yours.

              Sincerely,
              Kay

  • r bennett

    hello, I’m recieveing 100% p and t from va for 16 years,,,and apllied 2 years ago for sddi,,,and finally,have a hearing scheduled,,,without no expedited prossecsing,like they said,,,said I was not eligible,,,anyway,,,i am about to get married,,,and my future wife has a 20 year old disabled child,that lives with us,,,we have all been together for 10 years,how will this all work,,,or what do I need to do to make sure benefits are right?,,,kid already gets ssi…we have another still in school but pver 18,,,,am I eligible for any other benefits or spouse when married???.thank you

    • Kay Derochie

      Dear R.,

      If you are approved for Social Security Disability (SSD aka SSDI) benefits, when you marry, your wife will be eligible at age sixty-two for reduced spouse’s benefits or full benefits at full retirement age. For the disabled adult child who will be your stepdaughter to receive benefits on your earnings record, she had to have been receiving one-half of her support from you prior to the date you became disabled as established by Social Security or prior to the date you applied for benefits. The rules for determining financial dependency are detailed; so if you are approved for SSD, I suggest making an application for her to get a formal determination. If she gets stepchild’s benefits, her SSI will be reduced. If she is approved, your wife will be able to draw young wife’s benefits because she has your eligible disabled stepchild in her care.

      Sincerely,
      Kay

  • I have a question about the likeliness that payments will begin, I received my hearing papers and it stated I was fully favorable,a few days later a woman called me and said she’d call me in a few day and we discussed a few things, she explained I’d be getting SSDI back pay and how much my monthly payments will be as well as my daughter will get so much until she graduates high school or turns 19. She said from here my information will go to a payment center and I will be sent payments in a few months. My questions is what is the chance the payments will come sooner than later? It sounds like everything is done. I was a little confused about deciding between back pay and ssi welfare but chose back pay because it made more sense. I was told my back pay was approved from 2010 but was only able to be paid out from 2014. I’m so confused. I called back twice and no I didn’t have a lawyer because it wasn’t an option at the time. Can you shed some light on what’s happening here?

    • Kay Derochie

      Dear Lynn,

      The time frame for payments starting that the repesentative gave you is likely correct. It will likely take two to three months. Your disability was established to have begun in 2010; however retroactive (back) payment is limited to twelve months before the month you applied. if you applied in 2015, it would be correct to have benefits start in 2014.

      As far as whether it is better to take only Social Security or also SSI depends on how badly you need to have money sooner. Usually SSI gets paid a month or two before Social Security. If you have both, the Social Security back pay would be reduced by the SSI paid for any of the same months. SSI is not taxable; part of Social Security is, if your income exceeds $24,000 if you are single or $32,000 if married.

      Sincerely,
      Kay

  • Michelle

    So, I am fairly young and have not worked very much. I have filed for SSI or SSD (not really sure which) I just had my hearing with the ALJ. How do payments work if I have not worked much in my life? I was diagnosed very young. Does my husbands income affect how much I am I get for my disability?

    • Kay Derochie

      Dear Michelle,

      If you have worked enough to be insured for Social Security Disability (SSD), your benefit will be calculated based on your earnings record. If you are medically approved for Supplemental Security Income (SSI), your husband’s income and any minor children you and he support will be taken into consideration in determining your financial eligibility and SSI payment amount.

      Sincerely,
      Kay

  • Stephen S.

    My wife has been on permanent disability for around 5 yrs. now. Our 16yr old son has been receiving benefits from her disability acct since then. I was just put on permanent disability back in Aug. 2015. I receive $1586 per month, my wife receives $802 per month, and my son receives $186 per month(from his mothers disability acct. My question is can my son also receive benefits from my disability acct. also and it all be legal?

    • Kay Derochie

      Dear Stephen,

      Your son is legally allowed to receive dependent benefits on both his disability parents’ earnings records under a combined family maximum benefit. It could take two to three months for the calculations to be completed and the benefit increased, but I suggest that you check now with your local office to be sure that his application on your account is in the pipeline at the payment center.

      Sincerely,
      Kay

  • Christian

    Im expected to receive SSDI of $2292.80/mo and my wife $1146.40/mo. Since we have 3 kids (18, 16, and 14) together and they will get the share of $1146.40 which means $286 each of them (4 – wife and the kids). So my question is if our kids are 19 years old or out of high school will that $1146 remain the same for my wife alone?

    Thanks!
    Christian

    • Kay Derochie

      Dear Christian,

      Your wife is currently receiving benefits because she has a minor child under sixteen in her care. Unless she is sixty-two years old by the time the youngest turns sixteen, her benefit will stop when the youngest child reaches sixteen.

      Sincerely,
      Kay

  • Victoria

    My husband is receiving SSD benefits due to being severely ill. We have 3 children together and he has one that lives with her mother (so 4 kids total)- my husband and her were never married or in a relationship. We recently applied for the children to receive benefits as well but have not heard back yet on if approved, how much, etc. I do not quite understand the way they calculate it up. Say he received 1200 per month- that means each child would receive approx. 150.00 a month because half of 1200 is 600 and they are allowed to receive up to 50% of the max?

    Thanks for your help!

    • Kay Derochie

      Dear Victoria,

      You are correct that all four children will be eligible for benefits. The maximum dependent benefit for one child is 50% of the worker’s disability benefits; however, the maximum is not always payable. The actual amount of the Family Maximum Benefit (FMB), which includes the worker’s benefit depends on the worker’s earnings record. Your husband can learn the amount of his FMB, by calling Social Security at 1-800-772-1213. The difference between his benefit before reduction for Medicare premiums and teh FMB is the amount available to divide among the children.

      If you have a child under age sixteen in your care and you are not working or you are earning $15,720 a year or not a lot more, it could be to your benefit to apply for young wife’s benefits. The family maximum would then be divided among five people. Your entitlement as a young wife now could protect you for disabled widow’s benefits should your husband die before you and should you then become disabled.

      Sincerely,
      Kay

  • My question is simple, I receive SSID every month , my two children split a monthly payment of about $800, When one child turned 18 the whole $800 payment went to the second child. Now the second child is turning 18 and has graduated high school. Will we loose the monthly benefit or will it role over to my wife? The SSA 1099 form is addressed in “her name for my son’s name” basically is my spouse be eligible for the benefit or do me lose it all together (which would be very hard). Or do we need to fill out some new paper work at the SS office. Thank you for your guidance.

    Mark

    • Kay Derochie

      Dear Mark,

      If your wife is not age sixty-two or older, she does not qualify for wife’s benefits on your earnings record and the $800 dependent benefits will stop because you no longer have minor or aged dependents.If your wife is age sixty-two, she needs to file an application for wife’s benefits, which can be done online or in a local office.

      Sincerely,
      Kay

      • Hi i had a ssi hearing on Aug 3 2016. Today is Aug 15 2016 and the AJ just sent out his decision today is that bad or good.

        • Kay Derochie

          Dear Ann,

          It is good that you are not having to wait a long time for the decision. It is not a sign of either approval or denial.

          Sincerely,
          Kay

      • Shunika

        I have two children who will turn 18 in the same year. They are currently drawing benefits from me. I was wondering after they turn 18, does the money they were getting role over to me. I’m not married and I’m drawing off my own record.

        • Kay Derochie

          Dear Shunika,

          You will not continue to get the dependent benefits after your children are no longer dependent minors. The rationale is that, being of age, they can support themselves. Note, however, that if the children are still in high school, they can continue to get their benefits until the later of age nineteen or when they stop attending school. If they will be students after age eighteen, complete SSA-1372, which is available at https://www.ssa.gov/forms/ssa-1372.pdf, and submit it to Social Security for continuation of benefits.

          Sincerely,
          Kay

  • Bryant

    I was just approved for social security disability.i live in Georgia. I have 2 dependent children who live with my ex in Colorado. I was told the children qualify for benefits. Does their mother have to be the payee guarantor???
    Does she get the lump sum of back pay even though I’ve been paying child support every month?
    She is very devious and I know the money will not be used for my children’s benefit. She will just treat the money as free money and spend away. She has a spending problem. Also she has now a total of 5 children. Someone please help. I don’t want her to have access to the money without some sort of supervision.

    • Kay Derochie

      Dear Bryant,

      I suggest that you investigate trying to set up a trustee to receive the children’s benefits including the back pay and talk to Social Security about the trustee being payee so that the back pay can pay for the children’s college education or vocational training. Some banks and financial planners will serve as trustees. The trustee could then send the monthly benefits to the mother each month for their current needs since she has custody of the children.

      Sincerely,
      Kay

  • Janet

    I’ve been receiving SSD for 18 years (approx. $2,200/mo now)– and am almost 61. Just got married 15 months ago. My wife is 64 and receives a state of Ohio disability pension. She is eligible for a puny Social Security benefit, which she has not started collecting. Would her Ohio disability offset any SSD spousal benefit? Should she wait until I’m 66 to collect my spousal Social Security? How can we figure all of this out?

    • Kay Derochie

      Dear Janet,

      if your spouse’s wages when she was working for the state of Ohio were taxed for Social Security, there will be no offset to her wife’s Social Security benefit on her own or your record. If her wages were not taxed for Social Security there will be an offset but some benefits may still be payable because the limit between Social Security and public pension benefits is 80% of average monthly earnings, which is defined by Social Security and depends on numerous factors.

      I suggest that she call Social Security at 1-800-772-1213 to make an appointment to discuss her options with a Social Security claims representative to help her decide when to apply. To figure out the impact of drawing reduced benefits versus waiting for unreduced benefits, first she needs to know how much her reduced Social Security benefit would be after offset. Then multiply the benefit times the number of months she would be turning down if she waits till full retirement age. Divide that figure by the amount more she would receive per month if she waits. The result is the number of months she would have to collect the higher rate before she breaks even for turning down reduced benefits. The representative can help her with the calculation.

      Sincerely,
      Kay

  • Robin Minor

    I APPLIED FOR DISABILITY IN DECEMBER-2015. I RECEIVED PHONE INTERVIEW IN MARCH OF THIS YEAR. TWO PHONE INTERVIEWS BACK TO BACK. I HAVE RECEIVED 9-10 LETTERS FROM THE SOCIAL SECURITY ADMINISTRATION. I HAVE BEEN HOSPITALIZED ON MORE THE ONE OCCASION FOR MY CHRONIC HYPERTENSION AND CHRONIC HIGH BLOOD PRESSURE. I HAVE BEEN OUT OF WORK FOR 6 MONTHS NOW, I HAVE HAD A STROKE AND HEART ATTACK. MY BLOOD PRESSURE STAYS OVER 200 PRACTICALLY 3-4 TIMES A DAY EVERY DAY. I HAVE HAD MY DISABILITY EXAM THIS MONTH. ALL OF THE HOSPITALS I HAVE WENT TO HAS SENT SOME OF THE MEDICAL INFORMATION THEY HAVE REQUESTED. AND STILL HAS MORE TO SEND TOO. I WAS UNDER 2 SPECIALISTS AND MY PCP, WHY DO THEY TAKE SO LONG? WITH ALL THE MEDICAL EVIDENCE THEY HAVE SO FAR? AND THE DOCTORS AND SPECIALISTS NOTES. AND WHAT AM I APPROVED FOR IF APPROVED? I HAVE 5 KIDS, WHICH 1 STILL LIVES AT HOME? AND I AM MARRIED BUT SEPARTATED FOR 9 YEARS? I WAS TOLD MONDAY, THROUGH MY PCP I WAS PRONED TO HEART ATTACKS AND STROKES. SOMEONE HELP ME.

    • Kay Derochie

      Dear Robin,

      Based on the information you have shared, it is quite possible that your claim will be approved. If you have not received a decision six weeks after your consultative examination, call the claims examiner at DDS and ask for a rough estimate on when the review will be completed. The delay may have been to see how you would recover from your stroke and heart attack, because you must be disabled or expected to be disabled for twelve months to qualify.

      Sincerely,
      Kay

  • Pat Meaux

    I have custody and guardianship over my niece since shes 2 days old.shes now 11 i got married last year…if my husband becomes disabled and shes been totally dependent on him.for 5 years will she receive a check…

    • Kay Derochie

      Dear Pat,

      Your niece will not be eligible for dependent stepchild benefits because she is not your child. Because she is not your child, your husband would not be her stepfather. For her to be eligible based on a relationship with you, you would have to adopt her.

      Sincerely,
      Kay

    • Mary

      If my husband receives SSDI benefits and adding his children will the payments go directly to the children? Since They live with their mother will their payment go to her? And how come income plays a factor to determine if my son, his stepson, will receive SSDI benefits?
      Thanks!

      • Kay Derochie

        Dear Mary,

        The mother of your husband’s children should apply to be payee for the minor children living with her. Your son will be eligible for benefits if he was financially dependent (receiving more than 50% of his support) from your husband at the time your husband became disabled or at other defined times related to his disability application. If your stepson is working, he can earn $15,720 a year gross before his benefits would be reduced. Otherwise, income does not enter into his eligibility.

        Sincerely,
        Kay

  • Stacey

    My husband is disabled and is receiving disability income along with our the kids ages 13, 12, and 8. He recently had a baby with his ex co-worker and is waiting on the test results to see if it is his. My question is if the baby his mistress just had is his is there a chance that she could be put on disability along with our three kids.

    • Kay Derochie

      Dear Stacey,

      If the child is your husband’s, the child has all the same rights as the children your husband had with you. This includes Social Security dependent benefits on your husband’s earnings record and a likely reduction in the amount paid to your children because it is likely that the Family Maximum Benefit is already being paid out.

      Sincerely,
      Kay

  • Jane

    I will begin receiving SSD in September, and my 15 year old son will receive half of my benefit. He is wanting to get a part-time job. Will that affect the SSD amount he is receiving?

    • Kay Derochie

      Dear Jane,

      Your son can earn up to $15,720 per calendar year before benefits are reduced. Earnings about that amount will result in a $1 reduction for each $2 over the limit.

      Sincerely,
      Kay

  • My question is that I have an adopted child who receives an adoption subsidy from her adoption that was prior to my SSDI claim,I was just approved after a three year wait,will my daughter be entitled to her subsidy payment as well as dependent benefits on my SSDI claim at the same time? Do I report my daughters subsidy to SS or is it connected to my SSI number? It seems a little impossible to believe that she can collect both. Just to be clear,will my daughter receive anything from my SSDI claim? I was hoping the back pay would be paid and not affect her subsidy and she can pay for college and try and take care of some expenses that from the last 3yrs I didn’t work. Let me know. Thanks

    • Kay Derochie

      Dear Lynn,

      Please see my response of a moment ago to your first post.

      Sincerely,
      Kay

      • Where did the first post go? I’m not great at computers. I wrote it again because idk where the first post went. I’m sorry.

        • Kay Derochie

          Dear Lynn,

          Here is my prior reply.

          I don’t think that the subsidy will keep your adopted daughter from being approved for Social Security dependent benefits; however, report the subsidy when you apply for her benefits. Check with the agency paying the subsidy to determine whether the adoption subsidy will be changed or eliminated when she is approved for dependent benefits.

          Sincerely,
          Kay

          • Can I ask if you’re given a verbal approval at your alj hearing,will the judge change their mind? Could they? Will I have to wait long for benefits? If I go to a doctor will the visit be covered? I tried calling and the woman on the phone couldn’t answer except to tell me if I hadn’t heard anything by November call back.

            • Kay Derochie

              Dear Lynn,

              It is unlikely that the judge would change a ruling after having given verbal approval, but it is not impossible because the decision is not final until the letter is mailed out. The guideline is for decisions to be sent out within sixty days of the hearing, but sometimes it takes longer. Medicare begins with the twenty-fifth month of disability benefits. If your claim goes back so far that this month would be the twenty-fifth month of benefits, Medicare will cover. If your claim is for Supplemental Security Income (SSI), in some circumstances Medicaid will pay unpaid bills for a short time before the month you get the first SSI payment and Medicaid card.

              Sincerely,
              Kay

          • Thank you so much!

            • Kay Derochie

              You are welcome, Lynn.

  • Tina

    My child’s father recently started receiving retirement benefits and notified me of adding our child. I never heard anything from ssa so I called them. They scheduled a phone interview and what information I needed for the appointment. During the interview I was told the amount she would receive, including back a few months, but the claim wouldn’t be processed until I provide proof of paternity. I submitted the documents in person and the rep stated he would process the claim 7/15/16. How long will it take to receive first payment? Will my child receive benefits on the third Wed of the month like her father?

    • Kay Derochie

      Dear Tina,

      It can take a couple months for payment to start. Dependent benefits are be paid the same day of the month as the disabled worker’s benefits.

      Sincerely,
      Kay

  • Holly

    My husband has been denied benefits by a judge last year July 17th 2015. It was sent to the council for further decision. How long does that normally take? What happens if he’s denied again? He has 4 kids 2 that live with us and 2 that are from previous relationships.for them
    To get benefits would they have to live with us? If not would that be considered child support if they were eligible (if he’s ever approved). Also how is it figured the amount he would receive?
    Thank you for your time.

    • Kay Derochie

      Dear Holly,

      Appeals Council reviews can take as much as two years. If your husband is approved and his work history is sufficient to pay dependent benefits, his minor children will be eligible for benefits whether or not they live with him. The children’s benefits will be paid to the adult with physical custody.

      The amount of benefits is based on your husband’s earnings record and taxes paid into the Social Security system. He can try to get an estimate from his local office or online, though online often doesn’t work while a claim is pending. At http://www.ssa.gov, he can create a My Social Security account and then request an earnings statement (not a benefit statement). The earnings statement will give a disability benefit estimate.

      Sincerely,
      Kay

  • Rebecca

    My PIA is 1756 and FMB is 3300. Me and my husband have one child (1 year) old. My husband works a full time job, annual income around 45,000. Would our child still be able to receive benefits from me when my disability is approved?

    • Kay Derochie

      Dear Rebecca,

      Yes, your child will be eligible for Social Security dependent benefits if you are approved for benefits yourself. Your spouse’s income has no bearing on the payment of your Social Security, which is an earned benefit.

      Sincerely,
      Kay

      • Kayla

        I have been receiving ssd for about 5 yrs. I just recently found out that I could have been receiving dependent benefits for my three kids … they are now 21, 19, and 18 … I filed and received benefits when my oldest was 16 and the other two under 16 … is there a statute of limitations on those benefits ??? Can they apply and still receive benefits ??? If so, how far back do they pay ??? My PIA is 910 and my FMB is 1189 … What would they receive if eligibe ???

        • Kay Derochie

          Dear Kayla,

          The usual retroactivity for children’s benefits is six months, so the usual rule is that they would have to be under eighteen or still in high school and under nineteen within the last six months to receive benefits. However, if you listed the children on the initial application and were never contacted about completing the application for them and no other adult received the benefits for them, you might be able to make a case for back benefits being paid because Social Security didn’t follow through on developing claims for them. If you didn’t list them or they sent you a letter asking you to apply for them and you didn’t follow through, the initial application would not protect them.

          The only way to find out is to apply. Because the childlren are adults, they have to file the claims. You can provide a supporting statement for each claim about the initial application if you listed them. If they were eligible for benefits this year, which they are not, the three would split $279 a month. The amount would be a bit less for past years because there have been a couple cost-of-living adjustments.

          Sincerely,
          Kay

          • Kayla

            Thank you SO much for your time … They are listed and I was never asked to complete a form through social security … I even had a lawyer and was never aware of this … He never mentioned it was possible to recieve additional payments to help with raising them … I really appreciate the information … you were a big help … Thanks again Kay …

            • Kay Derochie

              You are welcome, Kayla.

    • M Bakry

      I have been receiving ssdi since 2009 I have only 1 child but I never been told that my wife and my child in title to receive auxiliary benefits. If I apply for them now can we get pay back since I was disabled?

      • Kay Derochie

        Dear M.,

        Whether or not your children are eligible for dependent benefits depends on your earnings record. If you earned enough to have a family maximum benefit (FMB) higher than your own primary insurance amount (your benefit), benefits are potentially payable for your wife and minor child. Call Social Security at 1-800-772-1213 and ask the amount of your PIA and FMB to see if the FMB is higher. If they are eligible, back pay is limited to six months before application.

        Sincerely,
        Kay

    • Lisa Ellis

      If my sister gets ssi can her son that’s four and no father can he get ssi to because she not a loud to use her money on her son at all. So how is she to take care of him

      • Kay Derochie

        Dear Lisa,

        Supplemental Security Income (SSI) does not pay dependent benefits. If your sister receives SSI directly without a representative payee, she can use the money for anything she wants including meeting the needs of her son.

        Sincerely,
        Kay

  • Christopher

    Hello,
    I am getting married in September of this year 2016. My future wife has a 10 year old daughter and does not receive child support. The child will be living with me and my wife, so we will be taking care of her, she is not disabled. I am currently on ssd. Will that increase due to the fact that I have two dependents, or does it stay the same for me as I am the disabled person? Thank you for your help.

    • Kay Derochie

      Dear Christopher,

      For dependent benefits to be payable, your work earnings have to be high enough for you to have a family maximum benefit (FMB) higher than you own benefit, which is called a primary insurance amount (PIA). You can get these two figures by calling Social Security at 1-800-772 1213.

      If your future stepchild was financially dependent upon you (receiving more than half of her support from you) at the time you became disabled or at a couple other points in time related to your disability claim, she will be eligible for benefits after you have been married to her mother for a year. At that time, if your wife’s earnings are not too high, she can also receive a benefit for having an eligible child under age sixteen in her care. if the child is not eligible, your wife can be eligible for reduced spouse’s benefits when she turns sixty-two or full benefits at full retirement age.

      Sincerely,
      Kay

  • Curt

    About 4 months ago I applied to include my 20 adopted daughter on my VA file. I am 100% service connected. The VA is telling me it “could” take another 1.5 years before she is added to my file. For financial reasons, she had to stop going to college.

    Will she receive any back pay? And, will she get an extension on her Chapter 35 school benefits if it indeed takes the VA 2+ years to get her added to my file and get the Chapter 35 benefits approved?

    • Kay Derochie

      Dear Curt,

      If your daughter is approved, benefits will start with the month of application. I do not have background in VA student benefits. I suggest that you inquire with a veterans organization such as Disabled American Veterans or the American Legion or contact the VA to get an answer.

      Sincerely,
      Craig L. Ames
      Accredited VA Attorney

  • I receive 2,500.00 from SS Disability.
    My daughter is 12 and wife’s income is only 9,800.00/ Year.

    Do they receive 50% of my total amount?

    Daughter 1,250.00 Wife 1,250.00?

    That is my understanding?

    Thank You!

    • Kay Derochie

      Dear John,

      See my reply to your prior post. To find out how much your dependents would receive if they qualify, compare your primary insurance amount (PIA), which is your benefit, to your family (maximum) benefit (FMB). The maximum that can be paid is the higher of the difference between the PIA and the FMB or 50% each. You can get your PIA and FMB amounts by calling Social Security at 1-800-772-1213.

      Sincerely,
      Kay

  • I am receiving SS disability since I was 55. I married 57 and have a 12 year old stepdaughter. What benefits will they receive. My wife earns about 9,800.00 per year. Also would they receive back pay for the last 3 years?

    Thank You,
    John

    • Kay Derochie

      Dear John,

      For your stepdaughter to receive benefits on your earnings record, she would have to have been financially dependent on you (you provided more than half of her support) either at the time you became disabled or certain other points in time related to your disability application. I suggest that you contact the Social Security Administration if you think that she might be the dependency requirement. If your stepchild is eligible, your wife could be eligible also until the child turns sixteen. Otherwise, she will not be eligible until she’s age sixty-two. Dependent back pay for eligibility that begins after the disabled worker’s eligibility is limited to six months.

      Sincerely,
      Kay

  • Eric

    I’m on SSDI which also provides us with financial help for my two children. My son’s autistic which means we’ll have to care for him longer.

    Can the financial help we get for our children be extended because of his situation? If so, to what age? And what if he takes on a part time job at 16?

    If his benefits continue past the normal cutoff age, will his increase to 100% when his sister hits the cutoff age instead? The currently get 50% each of the allowed amount. Lastly, is the cutoff for my kids benefits 16 or 18?

    • Kay Derochie

      Dear Eric,

      You can apply for Childhood Disability Benefits (CDB), which are sometimes called Disabled Adult Child benefits, for your son three months before he turns eighteen. If approved, benefits will continue as long as he is disabled and not married. If your son takes a part-time job but is unable to earn $1,130 gross per month, his work will not affect his eligibility for disability benefits.

      His benefit will remain at 50% when his sister’s benefits end. Her benefits will end when she turns eighteen unless she is still in high school in which case the benefits will continue to the earlier of high school graduation or age nineteen.

      With your family’s Social Security benefits, your son may not qualify financially for Supplemental Security Income (SSI) disability benefits that are paid to some disabled minor children, but you might read the articles under the SSI tab at the top of this webpage for information about SSI. If you think your son might meet the financial requirements, you can file an application to get a formal determination.

      Sincerely,
      Kay

      Si

  • Robert S.

    Kay,
    My ex-wife is collecting SSDI for herself and our 2 minor children. We have 50/50 custody and I pay her child support. Can my child support payments be reduced to her since it is income for her to help with the children expenses?
    Thank you for your time.

    • Kay Derochie

      Dear Robert,

      You can go to family court (unrelated to the Social Security Administration) and request that your child support payments be reduced in consideration of the Social Security benefits paid for your children and the fact that the children are with you half of the time. The judge will render a decision.

      Sincerely,
      Kay

  • darlene

    HI THERE I HAVE A QUESTION CURRENTLY IM RECEIVING SSI FOR MY DISABLED SON 657 A MNTH N ALSO MY 7 YR OLD DAUGHTER JUS GOT APPROVED FOR SSI PAYMENT WAT WILL MY PAYMENT BE FOR BOTH I HAVE NO EARNED INCOME I RECEIVE FS ONLY N MY SONS SSI CAN U GIVE ME MORE LESS AN ESTIMATE IF U CAN OR WILL MY SONS SSI WILL BE REDUCED OR WILL I RECEIVE SOME WAT THE SAME PAYMENT THNXS

    • Kay Derochie

      Dear Darlene,

      Your son and daughter’s SSI will be calculated separately. I do not know whether your daughter’s SSI will also be reduced from the maximum $733 federal payment. Currently, your son’s benefit is being reduced for some sort of income, likely $96 from another source.

      Sincerely,
      Kay

  • Todd

    Hi. My wife has been receiving ssi since 2004. Her payment is approx $1600 a month. Our 16 and 11 year old receive $295. My question is am I missing out on any other benefits that I should apply for? Medicaid eligible? Am I eligible for any benefits? Thanks in advance. She is rated 100% by VA.

    • Kay Derochie

      Dear Todd,

      Your wife is receiving Social Security Disability (SSD) not SSI, which is Supplemental Security Income. SSI is paid at a much lower rate and does not provide dependent benefits. Depending on the amount of your work earnings, you might be eligible to receive young spouse’s benefits because you have a child under age sixteen in your care. Your entitlement might reduce the children’s benefits now and until your older child is no longer entitled due to becoming of age. If your earnings are below $15,720 gross a year, there are some advantages to your applying. If your earnings are above that amount, I suggest that you make an appointment to talk with a claims representative to go over the benefits and draw backs to applying.

      Sincerely,
      Kayu

  • If a disabled father who is getting $2,500.00/month SS and his child and wife each get 50% of the $2,500.00.

    It totals up to $5,000.00/ month.

    Question: does the 150% Family Max include the Fathers SS check also?

    A friend asking me!

    Wish I was getting that!
    Thanks

    • Kay Derochie

      Dear John,

      The father’s benefit is part of the family maximum benefit. As an aside, I think that you may have misunderstood in that total dependent benefits do not usually reach 100% of the disabled person’s benefit.

      Sincerely,
      Kay

      • Kay,

        I have been married for 3 years with a now 12 year old stepdaughter. Your saying they only go back 6 months
        for back pay not the 3 years?

        Thanks,
        John

        We have a meeting with SS in 3 weeks. 🙂

        • Kay Derochie

          Dear John,

          Yes, maximum retroactivity for dependents is six months.

          Sincerely,
          Kay

    • Garrette Riley

      My wife had her hearing the first week of June. Shortly after, i was notified that i was losing my prescription plan at the end of the month. She contacted her lawyer and he said, there was nothing that could be done and we just have to wait for the judge’s decision. Which could be 45 to 60 days. After reading your site and responses, it seems that there was somethings that we were not made aware of. We are wondering if his statement was true. There are other financial issues since I’m laid off and not many hours available at my 2nd job.

      • Kay Derochie

        Dear Garrette,

        The guideline is for your wife to receive a decision within sixty days, but it can take longer. The only thing that could be done would be to submit a dire need statement based on your being laid off and losing prescription coverage for your wife’s medications. That might speed things up a little.

        With regard to medications, you might check with the major pharmacy and grocery store pharmacy chains. Some offer low prices on generic medications to individuals who do not have insurance. If all your insurance was lost and the loss was within the last sixty days, you can apply for insurance under the Affordable Care Act and possibly receive a government subsidy in the form of an advance tax credit to help pay the premiums. More information is available at http://www.healthcare.gov.

        Sincerely,
        Kay

  • AnnaJ

    Hi I have a few questions. My husband is receiving both ssdi and ssi how do we know our 3 children who are 3 yrs ,2 years and 2 months are receiving benefits under their father? And is there a specific application I need to do in Order for me to receive any type of benefit because I am caring for him and our children. We have no income other than the ssi and ssdi and we are renting a home. What is the difference between back pay and family maximum. ? Can he recieve Medicaid from ssi if he receives Medicare from ssd?

    • Kay Derochie

      Dear Annaj,

      You raise several questions; I will answer each separately.
      1. Back pay is benefits that are due for months before the first monthly benefit is paid.
      2. Family Maximum Benefit (FMB) is the most that can be paid to the disabled worker and his dependents. The amount is based on the workers earnings record and taxes paid into the Social Security system.
      3. Children and a spouse who is caring for a child under age sixteen can receive dependent benefits if the FMB is not all used up paying the disabled worker. Stated a different way, if the FMB is more than your husband’s primary insurance amount (PIA), dependent benefits are payable. Your husband can call Social Security to get the amount of his PIA and FMB. If the FMB is more than the PIA, you can file an application for you and your children.
      4. Your husband can receive Medicare and Medicaid. Usually the Medicaid program will pay the Medicare Part B premium.

      With regard to income for yourself, you might contact your state or county social services offices to find out if your state has a program that pays a small stipend or wage to individuals who are caring for severely disabled relatives. If you are not receiving SNAP (food stamp) benefits, you can apply in the same social service office.

      Sincerely,
      Kay

  • Greg

    I am 30, spouse is 29. Have been married over a year. I am 100% due to IU through VA and just filed for SSDi, assuming I get it can my spouse get the 50% benefit for her son that I am adopting or does the child have to be biological?

    • Kay Derochie

      Dear Greg,

      You wife’s child can qualify now as a stepchild if you were providing more than 50% of the child’s support when you became disabled or at certain other points in time related to your disability. If not, you can apply for the child as soon as the adoption is complete. At that time, your wife can also apply for benefits if the child is under age sixteen and her work earnings are not so high as to make her ineligible. Currently the earnings limit is $15,720 gross. Annual benefits are reduced $1 for every $2 of earnings over the allowed amount.

      Sincerely,
      Kay

  • Ginger

    Hi Kay,

    I recently was approved for SSDI, and have received my back pay and 2 monthly payments so far, my husband takes care of me and our household as it is very difficult for me to do just normal household chores and sometimes just dressing myself. My question is would he be eligible to draw off the family disability also? He is not employed at the moment an worries about if he does find a job how everything will be done.

    Thank you
    Ginger

    • Kay Derochie

      Dear Ginger,

      If you have a child under age sixteen in your husband’s care or he is age sixty-two or older, he can apply for spouse’s benefits. If that is not the case, he might check with the state or county social services to see if the state has a program that pays a small wage or stipend to people who care for severely disabled relatives.

      Sincerely,
      Kay

  • Corinthia Jones

    My husband draws SSD and my two children and I collect dependents pay. My daughter was attacked by our neighbor’s dog and the insursance company has offered a large settlement. This settlement more than covers all medical bills. How will this affect us? Our state requires a guardian be assigned for the minor child in this case. Do I need to assign my older daughter (age 19) as her guardian to collect the money?

    • Kay Derochie

      Dear Corinthia,

      The settlement will not affect your husband’s or your children’s Social Security benefits. You can serve as guardian for the payout.

      Sincerely,
      Kay

  • Kayla

    My husband receives SSDI so as myself and our 5 kids. That is our only source of income right now. I am thinking of going back to work just so we can get by and to pay our bills. My question is will me getting a job affect my husbands SSDI?

    • Kay Derochie

      Dear Kayla,

      Your working will not affect your husband’s or your children’s Social Security benefits. If you have been receiving benefits all year, you can work and earn $15,720 gross a year and not have a reduction in your benefit. For every two dollars you earn over that amount your total annual benefit will be reduced by one dollar.

      If benefits have to be withheld, they reduction is applied from the end of the year backward–December, then November, then October, and so on backwards through the year as needed until the full reduction for work is withheld. This means that you might want to save some of your work earnings for use during the months you won’t get benefits.

      If you get a job in which you will earn over $15,720, report the work and give an earnings estimate to Social Security so they can withhold the correct amount of benefits. You need to give an updated estimate at the end of each year for the following year.

      Sincerely,
      Kay

  • Carla

    My ex husband begin recieving social
    Security disability benefits for about a year. We were married for 13 years. We have been divorced for 5 years. We have a 13 year old daughter. We share 50/50 custody, which I agreed to in our divorce with the stipulation that he keeps medical insurance on our child. He now has her on Medicaid, and he is receiving SS benefits for her as well. I was informed that I should also be recieving some sort of help with our child. Is this true? Thanks for your help!

    • Kay Derochie

      Dear Carla,

      You do not say who has physical custody of your daughter. If she lives with you all the time, you should be payee for her benefits and be receiving them. You can apply to be payee in your local office.

      If your child lives half the time with her father, then he should be giving you money for her food when she is with you and paying for clothing or other necessary purchases you make for her. Another alternative would be that he just give you half of the benefits to cover the time she is with you. If money is transferred to you, it would be best to give your ex a receipt for the money you receive. Also you should track how you spend the money so you can give him a document when he has to do the annual payee reporting.

      Sincerely,
      Kay

      • Carla

        We share 50/50 custody-he will not discuss any benefits that he is receiving for our daughter. He states that this is none of my business. I feel as if it relates to our child it is most definitely my business. I guess my question is, is he required to give me this information, does he continue to receive benefits for her as I work daily to provide for her? Do both parents receive benefits for the minor child due to his disability?

        • Kay Derochie

          Dear Carla,

          The child’s benefits are paid to only one person. If he is using all the benefits for the child’s care, then he is not misusing benefits. If you think that he is misusing benefits, then you could talk to Social Security about this issue or if you cannot provide for your child”s basic needs such as food when he or she is with you, despite your working, and you see the child with luxuries before basics are met, you could talk to Social Security about becoming the child’s payee. However, it seems unlikely you will be successful because the child is with the father half the time. Alternatively, you could go to family court and request that the judge order child support or that a certain amount of the child’s benefits be turned over to you by the father.

          Sincerely,
          Kay

          Sincerely,
          Kay

          Sincerely,
          Kay

  • Patricia

    When my husband got approve for disability, our 2 children and I also got approve for payments. The case worker said instead of dividing it equally between me and the kids, they would just split it between my 2 kids.

    Question #1 – our last kid is fixing to graduate and will no longer qualify. Will I be entitle to receive it?

    If Not,

    Question #2 – Will my disable husband receive it instead?

    • Kay Derochie

      Dear Patricia,

      Your husband’s benefit will not increase as the children’s benefits terminate because they are not longer dependent children. If you have a child in your care who is under age sixteen, you are eligible for young mother’s benefits if your work earnings are not too high. You can gross $15,720 a year with no reduction. For every $2 over that amount, your total annual benefit will be reduced by $1. If you do have a qualifying child in your care, file an application for benefits and be prepared to provide and estimate of your annual earnings.

      Sincerely,
      Kay

  • Annonimous

    Hello kay,
    I have a 19 year old son and I just got separated from my husband of 8 years. my daughter gave me her basement apartment to live with my son since she owns a house. Is this going to affect my disability benefits?

    • Kay Derochie

      Dear Anonymous,

      If you receive Social Security Disability (SSDI), your living arrangements do not affect your payment amount. Just report your change of address so you are sure to receive any future correspondence. If you receive Supplemental Security Income (SSI), the free housing will be counted as $244.33 income and will reduce your SSI.

      Sincerely,
      Kay

      • Annonimous

        hello Kay,
        Thank you for the information, I have a question, If there any programs for disable people to help pay rent?

        Thank you
        Annonimous

        • Kay Derochie

          Dear Anonymous,

          Check with the Housing and Urban Development office in your region or with a local housing authority if there is one to see if you qualify for subsidized housing. Some churches and non-profits will provide one-time or very temporary assistance. Your state or county social services offices may have a list of resources.

          Sincerely,
          Kay

  • Vhonda

    I have two questions. First, my husband had a hearing on January 6, 2016 and we are still waiting for a judge’s decision, how long does it usually take to hear from the judge?

    Second, we have a son that turned 18 last month. My husbands claim was filed in July 2014. Will our son be eligible for back pay of dependent benefits if we get a favorable decision?

    My husband’s last benefit letter that we received stated that his dependents would receive benefits if he were to be disabled.

    Thank you,

    Vhonda

    • Kay Derochie

      Dear Vhonda,

      The usual guideline for a hearing decision is sixty days though it can take longer. Four months, however, is a long time. I suggest calling the hearing office and asking for a status, just to be sure a decision letter has not gone astray.

      Sincerely,
      Kay

  • Kelly

    I will start receiving $815 in SSDI benefits this month, and will no longer receive SSI.
    SSA says the $815 I will receive from SSDI puts me over the income limit to be able to keep receiving monthly SSI payments.
    I am a 37 year old “single” mother of 3. (although I live with the father of my youngest 2, we are not married)
    My children are 17 (will be 18 in 2 weeks) 13, and 11.
    My 11 and 13 year old live with us.
    My 17 year old does not live with us.
    I applied for my 11 and 13 year old to receive SSDI, but was told my ex had to apply for my oldest son to receive his benefits

    I have a few questions regarding my children’s benefits.

    First of all, during my original appointment at my local SSA office when I applied for my children to receive SSDI benefits – I was told that based on my monthly SSDI amount, my oldest would receive about $250, and each child after that would receive about $150 per month.

    However, when we finally just received our children’s back-pay, and first months SSDI check last month, my 11 and 13 year old only received about $400 each in back-pay, and their monthly checks were only $25 each!!!
    My oldest son said he, and his grandma never even received the $35 monthly, let alone his back-pay.

    Also, the amounts: kid 1 = $35 – Kid 2 = $25 – Kid 3 = $25 is a LONG way off from $250 for the first kid and $150 per month for the other 2 that I was originally told they’d be receiving

    Moreover; I had a friend over tonight who called a friend that currently receives SSDI.
    She has an almost identical situation. Same age as me. Her monthly SSDI benefit amount equals $815. No other income.
    BUT, her children ARE receiving the amounts of $250 for the first child, and $150 for the second and third.

    I guess my questions are;
    How could SSA be off by so much in the original SSDI benefits calculations that I was originally told my children would be eligible for?
    How do they calculate what my kids are supposed to get if I get $815 per month, and have NO other income source?
    Why didn’t my oldest ever get his portion at all?
    How did my 2 youngest kids get their SSDI back-pay, and monthly check before I ever got mine?
    And last – I keep reading all this 50% of my SSDI pay, no more than 180%, something about %300 for children of a disabled person

    $25
    $25
    $35
    = $85

    Correct me if I’m wrong, but that amount ($85) seems nowhere near any of the above mentioned percentages I keep seeing in all of the Social Security informational booklets, sites, etc.
    Nor is it anywhere near what I was told they would get.
    Also there have been no notices outlining their benefits at all. Checks just showed up in the mail one day for them

    I keep hearing that NOTHING about this stuff with my kids benefits is normal.
    I think I agree
    Any light that anyone could shine in this would be cool.
    Thanks

    • Kay Derochie

      Dear Kelly,

      The amount of dependent benefits payable depends on the worker’s work earnings before disability. Dependent benefit can range from none to 150% for dependents of disabled workers. Your benefit is fairly low, so I would expect fairly low benefits for your children. You can find out the amount payable based on your earnings record by calling Social Security at 1-800-772-1213 to learn your primary insurance (PIA) amount and your family maximum benefit (FMB). The PIA is your benefit. The amount payable to your dependents is the difference between your PIA and your MFB.

      The total amount of dependent benefits payable is divided equally among the eligible children (your oldest should not receive more). Your two-year-old is an eligible child and you should have applied for benefits for him or her also. I recommend applying for him or her now.

      You should get award letters within a week to ten days. I can’t explain why the children’s benefits were paid before yours. If you haven’t already, check your bank account to see if you have received a direct deposit.

      Sincerely,
      Kay

  • Kelly-Jo

    My husband and I have been together for 33 years but have only been married since 12/21/15. We have 3 adult children. The eldest is 31. She has Rett Syndrome and has been receiving SSI since she was 2 years old. In addition, my husband has end stage COPD. He started to receive SSDI in July of 2014. I have a few questions: Am I eligible to get social security spousal benefits because I have to care for our disabled daughter and can not work? Do I have to wait until we have been married for a year? Does our daughter have to be receiving social security on my husband’s claim in order for me to be eligible spousal benefits? Would my daughter be able to get both her SSI and SSDI from her father? She gets Medicaid with her SSI; would that be taken away?

    • Kay Derochie

      Dear Kelly-Jo,

      Your daughter has to receive Social Security Disabled Child Benefits (CDB) on her father’s account as a disabled adult child for you to receive benefits due to being in your care. Additionally, I think you have to be married a year. There may be an exception to the general one-year rule, but I am not aware of it.

      If the CDB benefits are $753 or more, your daughter will not be eligible for even $1 SSI. However, she might still be eligible for Medicaid based on low income rather than SSI eligibility.

      Once you are eligible to apply, whatever amount of dependent benefits are payable will be split between the two of you and that may cause your daughter to remain or again become eligible for SSI. Your husband can ask for his estimated family maximum benefit (FMB) and his own primary insurance benefit (PIA). If his FMB is more than his PIA, dependent benefits are potentially payable.

      Sincerely,
      Kay

      Your husband can find out his

      • Kelly-Jo

        Thank you for your time and information.

        • Kay Derochie

          You are welcome, Kelly-Jo.

          • Emily Coatney

            Hi, I wrote my question under this post. Not sure if it is in the right place or not.

            • Kay Derochie

              Dear Emily,

              Please see the post and my reply of earlier today.

              Sincerely,
              Kay

      • Kenny

        My son received child benefits from my husband (Step Dad) SSDI. Now my son is 18 he no longer gets benefits. Now that I’m approve for ssdi,will I get back pay from the same child(my son)? I’ve been waiting 2 years. My son was 16,when I applied for benefits.

        • Kay Derochie

          Dear Kenny,

          If your benefits go back to any month during which your son was either under age eighteen or still in high school and under age nineteen, he may be eligible to receive some additional benefits under a combined family maximum benefit on both his parents’ earnings records. Because he is of age, he needs to apply for the benefits himself and the benefits will be paid to him.

          Sincerely,
          Kay

          • Kenny

            Thank you!

            • Kay Derochie

              You are welcome, Kenny.

    • Emily Coatney

      I recently got approved for adult child disability under my fathers record but have been recieving ssi and ssdi for 4 years. I was told that I am getting some back pay but that I will be losing ssi now because his benefit will put me over the income limit. I have not started recieving the benefit yet but I would like to know if they will keep my back pay and if i have to pay ssi back? They gave me the amount of new check and amount of back pay already. If I had to pay it back would they have given me an amount. Would I owe them back the ssi?

      • Kay Derochie

        Dear Emily,

        You will not owe SSI. The amount of your childhood disability benefits (CDB) back pay will be reduced by the amount of SSI and SSDI paid for the same period.

        Sincerely,
        Kay

        • Emily Coatney

          Thank you

          • Kay Derochie

            You are welcome, Emily.

          • Emma

            My 15 year old son is going to be receiving social security benefits until he us 18 because we found out from his Dad ( that he doesn’t live with) that his Dad was approved for disability. Do you know if my son would be eligible for back pay?

            • Kay Derochie

              Dear Emma,

              Your son will be eligible for the same benefits as his father. If his father gets back pay, so will he. If you have not already done so, you can apply to be your son’s payee and receive his benefit because he lives with you.

              Sincerely,
              Kay

    • Thy

      So I’m in a same sex marriage. My question is am I able to receive ssdi benefits from my wigs benefits?

      • Kay Derochie

        Dear Thy,

        If you are legally married, you have the same Social Security rights as a heterosexual couple.

        Sincerely,
        Kay

    • Shane

      Where. Does the benefit s for my wife and daughter go to? Does it go onto my debt card or do they get there own?

      • Kay Derochie

        Dear Shane,

        Your wife’s benefit should go to her, and often the non-disabled parent also receives the children’s benefits.

        Sincerely,
        Kay

    • lissa

      Hi I just got approved for ssdi and ssi . I was wondering did I neccesarly have to receive ssdi, and would getting money from my past earnings would effect me in the future by me being so young? And since my major disability was unexpected how do I manage the credit cards,bills and my kids private schooling with only the amount of 125 in ssi and only 506 in ssdi And if my children are egible for benefits and how can I add them if at all possible .

      • Kay Derochie

        Dear Lissa,

        To receive SSI, you must receive the SSDI that you are eligible for and that the SSI supplements. If you recover from your disability, work again, and then retire, it is actually to your advantage to have received SSDI for the period that you were disabled because those years of zero earnings will not be factored into your retirement calculation. Your benefit is low enough that I doubt dependent benefits are payable for your children. You can find out by calling Social Security at 1-800-772-1213 and asking for the amount of your Primary Insurance Amount (PIA), which is your benefit, and the amount of your Family Maximum Benefits (FMB). If your FMB is more than your PIA, dependent benefits are payable and your can ask the representative to set up an appointment for you to apply for the children. If they are the same, no dependent benefits are payable.

        Although it would likely not help much with credit card bills or private school, your family might be eligible for Temporary Assistance for Needy Families (TANF) and/or SNAP (food stamps). You can nquire about and apply for those benefits at your state or county social services office.

        Sincerely,
        Kay

  • My question is, my daughters father gets SSDI. does she receive any benefits? if so how would we go about filling out the paper work for it.

    • Kay Derochie

      Dear Andrea,

      Take your daughter’s Social Security number and birth certificate and, if you have it, the child’s father’s Social Security number to Social Security and file a claim for her. That way you will find out whether her father had sufficient work earnings to provide dependent benefits. If he is cooperative with the process, he can call Social Security at 1-800-772-1213 to find out if dependent benefits are payable and, if so, set up an appointment.

      Sincerely,
      Kay

  • jennifer

    my boyfriend was granted SSDI (finally after a few years and a previous denial) and he’s waiting on one last medical appointment before monthly payments begin BUT he has to appear in court next week for a separate misdemeanor offense that might have a few days jail time. I have a FEW questions:

    we are planning to get married. will I be able to receive his SSDI? if so, how long of a wait for me til? must I have some sort of eligibility to receive spousal SSDI?

    I have a 23 year old daughter, would she also be eligible to receive SSDI as his step-daughter?

    • jennifer

      to be clear, I’m not asking for money payments, I’m asking could I be covered with SSDI health insurance? could my daughter also be covered?

      • Kay Derochie

        Dear Jennifer,

        Neither of you would be eligible for health insurance through your husband’s Social Security or Medicare entitlement now. You would become eligible for Medicare on his earnings record when you reached age sixty-five. Information regarding health insurance is available at http://www.healthcare.gov.

        Sincerely,
        Kay

        • Lorraine

          Hi my question is my I just got married a week ago. and my husband recieves ssi and im also his caregiver and Im also reciving food stamps . Will that affect him and me?

          • Kay Derochie

            Dear Lorraine,

            If you have no income, your marriage will not affect your husband’s Supplemental Security Income (SSI) benefits. However, your husband does need to report his marriage to the Social Security Administration. Check will the food stamp office to find out how your marriage will affect your food stamps.

            Sincerely,
            Kay

    • Kay Derochie

      Dear Jennifer,

      For you to be eligible for Social Security dependent benefits, you have to either be age sixty-two or older or have a child under age sixteen in your care. Your twenty-three-year-old daughter will not be eligible for benefits unless she was financially dependent on your boyfriend as defined by Social Security law at specific points in time related to the onset of his disability and his disability application.

      Sincerely,
      Kay

  • Mike

    Can a person receive 180% of his PIA for disability? Everywhere I’ve researched says it doesn’t matter how many children receive auxiliary benefits it is 150% of the PIA because that is what ssdi is capped at?In other words all dependants split 50% of your ssd benefit? But… Then there are a few instances where I’ve read that EACH child has received 50% of parents PIA for dissbility NOT death or retirement !When does the family receive 180% for social security disability payments? Under what circumstances?

    • Kay Derochie

      Dear Mike,

      The family maximum benefit for a disabled worker cannot exceed 150% of the worker’s own benefit. The maximum family benefit for retired and deceased workers can be as high as 180%. The actual percentages depend on the worker’s earnings prior to retirement or disability.

      Sincerely,
      Kay

  • Michelle

    If I apply for SSDI can I receive money for my my son whom his father had full custody of?

    • Kay Derochie

      Dear Michelle,

      If you are approved for Social Security Disability (SSDI) and dependent benefits are payable, they will be paid to your son’s father because he has physical custody of him. You should let his father know if you are approved.

      Sincerely,
      Kay

  • Kin

    Hi
    My wife’s is getting social security disability benefits since 2010
    My daughter is receiving from my wife’s benefits. I just learned about the family benefits. Do I qualify for any benefits.

    • Kay Derochie

      Dear Kin,

      If your daughter lives with your and you earnings are not too high and your wife’s Family Maximum Benefit (FMB) is not already being paid out to her and your daughter, you may be eligible for benefits. If you are working, you can earn $15,720 gross wages or net self-employment a year. For every $2 over that amount, your annual spouse’s benefit would be reduced by $1. Your wife can find the amount of her FMB by calling Social Security at 1-800-772-1213.

      Sincerely,
      Kay

    • Maurita

      Im on disability, plus a fosterparent . If I adopt him will I get more money

      • Kay Derochie

        Dear Maurita,

        If you receive Social Security Disability and your Family Maximum Benefit (FMB) is more than your Primary Insurance Amount (your benefit) and you adopt a child, the child will be eligible for dependent benefits. You can find out the amount of your FMB and PIA by calling Social Security at 1-800-772-1213.

        Sincerely,
        Kay

  • Dan

    I will begin S.S.D.I. in July, I am sixty years old and so is my wife. How will this effect her benefit when she turns 62.

    • Kay Derochie

      Dear Dan,

      Your turning sixty has no effect on your Social Security Disability (SSDI) benefits. When your wife turns sixty-two, if she is not receiving SSDI benefits at that time and your Family Maximum Benefit (FMB) is more than your Primary Insurance Amount (PIA), which is your benefit before reduction for Medicare premiums or taxes, she can apply for reduced wife’s benefits on your earnings record. If she does so, she must also apply for retirement on her own earnings record. You can find out if your FMB is more than your PIA by calling Social Security at 1-800-772-1213.

      Sincerely,
      Kay

      • Dan

        My wife does have her own earnings record but mine is much higher also what will happen when we turn 66.

        • Kay Derochie

          Dear Dan,

          Your wife can draw off both records if the wife’s benefit from your record is higher than her own benefit. In that circumstance the two benefits will equal the amount the wife’s benefit would be if your wife did not have her own benefit.

          If you and your wife were born in 1956, your full retirement age is sixty-six and four months. At full retirement age, your benefit will be switched from Social Security disability to Social Security Retirement. The amount will stay the same. If your wife takes early retirement and wife’s reduced benefits at age sixty-two, the reduction will continue when she reaches full retirement. If she does not take retirement and wife’s benefits until full retirement, she will receive unreduced benefits.

          Sincerely,
          Kay

          • Dan

            Thanks for the info, another question I had was about someone else but I told him I would ask. He is sixty one and his wife is 66 and he is about to start S.S.D.I. His wife already collects social security which she started at 62. Will his S.S.D.I. have an impact on his wife’s amount.

            • Kay Derochie

              Dear Dan,

              Your friend’s disability benefits will not affect his wife’s retirement benefits.

              Sincerely,
              Kay

  • William

    I just found out I can get benefits for my family.Im now 63and receive social security. Before that I received SSD for 7 years and was never told about family benefits. How far back will they pay for my family benefits.

    • Kay Derochie

      Dear William,

      Unless you can prove that you listed your children and potentially eligible spouse on your Social Security application and can prove that Social Security did not inform of the benefits and request an application from you, the benefits will be limited to six months retroactivity from the month of the current dependents application. Note that children have to have been under eighteen (or nineteen if still in high school)in the six months before application to get benefits.

      Sincerely,
      Kay

    • L Little

      Kay,
      My husbands ex-wife has qualified for disability benefits. How can we find out if she is getting dependent benefits for their 2 children (15 & 13)? She will not tell us on her own. They have 50/50 custody.
      Thanks

      • Kay Derochie

        Dear L.,

        If your husband has his children’s Social Security numbers and if by “50-50” you mean that the children are with you half the time, he can go to Social Security and say that he is concerned about misuse of the children’s benefits because they are with him half the time and there’s been no money transferred for their food. That way, they may tell him because he has some physical custody. As an aside, even if the mother is receiving benefits for the children, the amount could be small and used for their food and clothing while with her.

        Sincerely,
        Kay

  • Bill burnett

    Hi my wife gets ssi and i just applied myself shenis wondering if i get approved will she lose the disability label or do they split her momey and mine if approved

    • Kay Derochie

      Dear Bill,

      If you are approved, your and your wife’s financial eligibility will be determined together. Your income will be combined and used to calculate your combined benefit, which will be split in two and paid half to each of you. For example, if you have $400 countable income, the maximum benefit of $1,100 would be reduced by $380 ($400 – $20 exclusion) for a benefit of $720 with $360 payable to each.

      Sincerely,
      Kay

  • I am a single mom receiving ssi monthly and have a 8 month old baby I am receiving no child support I am the only one providing and supporting my son sense he has been born a almost all the income received goes towards rent and bills. Can my check be increased due to the fact that I have no other support in raising my son

    • Kay Derochie

      Dear Judy,

      If you are receiving SSI (Supplemental Security Income), no dependent benefits are payable. If you receive SSDI (Social Security Disability) and you had sufficient Social Security-taxed earnings, your child will be eligible for Social Security dependent benefits. If you receive SSDI, call 1-800-772-1213 to find out whether your family maximum benefit is higher than your own benefit. If so, file an application before the end of the month to avoid losing benefits. You might also check with your local social services office to see if your child is eligible for Temporary Assistance for Needy Families (TANF) or WIC food support.

      Sincerely,
      Kay

  • Dee B.

    Hello, I was wondering if my child’s father (we didn’t get married) is receiving SSD can our 14 year old son get part of his benefit? He has not help with supporting him since he was a toddler and has dodged child support. If he is receiving benefits how can I go about getting benefit payments for my son and far back in payments will I receive for my child?

    Thanks
    Dee

    • Kay Derochie

      Dear Dee,

      You can go to Social Security with your child’s birth certificate and file an application for dependent benefits. To do so, you may need the father’s Social Security number. If you don’t have it, try taking the child’s number to be sure that benefits for the child are not being paid to the father. If your child is approved on your application, benefits can be paid for the six months prior to application.

      If benefits are already being paid for the child, you can apply to be the child’s payee and receive the benefits and you can report that the father has apparently been misusing the money because he has not passed any on to you for the child’s support.

      Sincerely,
      Kay

  • Brittiany

    I have a question, if my father owes child support and started received ssi and disability . Would my children his grandchildren be able to recieve benefits from him?

    • Kay Derochie

      Dear Brittiany,

      Grandchildren are eligible for Social Security dependent benefits only if the worker has adopted the grandchild or both of the grandchildren’s parents are either deceased or disabled.

      Sincerely,
      Kay

  • Mafy

    I’M DIVORCED SINCE MAY LAST YEAR, THE COURT ORDER THE FATHER TO PAID $450 every month, he doesn’t pay it since then owns more than 2,500. He told me he is recuesting ssi, if he is approve can i by my own go to ssi and show the court papers to try to receive benefit to paid the child support plus what is own?. because he said he didn’t request the ssdi and he said he will not do it because i live with another partner and he doesn’t want to be responsible with his child.

    • Kay Derochie

      Dear Mafy,

      Supplemental Security Income (SSI) law requires a disabled person to apply for all other possible benefits including Social Security Disability (SSDI). Accordingly, Social Security will automatically check to see if your ex-husband is insured for Social Security; and if he is, they will process an application.

      If he is approved, you can apply for Social Security dependent benefits for your child to find out whether he had sufficient work under Social Security to provide for dependents. This is separate from the child support order.

      I don’t know think that you can just take the child support order into Social Security, but you can try. I think that there needs to be documentation from the court or a state agency of delinquency (past-due) child support for the support to be collected from the parent’s Social Security. I suggest checking with your local state’s social services department to inquire how to have the state collect the support to be forwarded to you. If you do that, I think they will report the delinquency to Social Security. If not, they can probably tell you how.

      Sincerely,
      Kay

  • Danny hall

    Well i got question.i draw ssi s.s. disability and i got two kids thats 20 months and 10 months and was wondering if i could get benefits for them.i ask ss office and they said with it paying for my insureance and what get that its max for me and they couldnt draw but i only get 740.00 month and im 100% disabled.i was wondering why is that and what could do to try resolve this issue.because i dont care who are its hard raise two kids and also my girls almost two months pregnant now.so how is anyone suppose to raise family on this amount and survive.so please if u know of any way to help i would appreciate it.because its hard from financial view.thanks alot.please no rude remarks godbless

    • Kay Derochie

      Dear Danny,

      Your children may not be eligible for dependent benefits because you work history was not sufficient to provide dependent benefits. If your primary insurance amount (PIA), which is your own benefit, is the same as your Family Maximum Benefit (FMB), no dependent benefits are payable. You can find out the amount of your PIA and FMB by calling Social Security at 1-800-772-1213 and speaking with a representative.

      If you have not already, you might check with your state’s social services office to find out whether your family income would allow payment of Temporary Assistance to Needy Families (TANF) to your family.

      Sincerely,
      Kay

    • David

      I also am disabled and was awarded on March 26. My first monthly payment is to be received on the 4th Wednesday of every month starting in April. I also just received a lump sum based off my work history. My question is I filed in March of 2013. Do my kids qualify retroactively for benefits from that time? My 13 yr. old was 11 at the time and my 20 yr. old was 18 and in school. If they do qualify how do I go about getting payment. My next question is that I do not need Medicare and they are taking out payment for that next month. Do I just tell them I don’t need insurance because I am covered under my wife’s plan? Do I also get the amount back that was to be taken out for Medicare. Roughly 170.00 a month? Thank you for your help!

      • Kay Derochie

        Dear David,

        Your children’s benefits begin to accrue in the same month as yours. Your twenty-year-old will be eligible if he was in high school when he was eighteen. If he is eligible, it is likely to receive his limited back pay directly, rather than it being paid to you. I suggest that you check with the local office to find out whether anything is needed to get the children’s benefits started or whether processing of their benefits are in process.

        You can submit a written statement to Social Security refusing Medicare retroactively and prospectively. I think the past premiums withheld from you back pay will be refunded. Before you refuse Medicare, I suggest that you read your wife’s insurance policy to be sure that it does not require you to take Medicare if eligible. There is a second consideration: if your coverage through your wife’s employment ends and your insurance with it, your cost for Medicare Part B for doctors and most out-patient services will be higher than if you keep the coverage all along. More information is available at http://www.medicare.gov.

        Sincerely,
        Kay

      • Tina Brewer

        My children father was approved for ssi but he also owes back child support..will my kids get cs and get money for his disability?

        • Kay Derochie

          Dear Tina,

          If the only benefit the children’s father was approved for is SSI (Supplemental Security Income), no children’s benefits are payable. If he has been approved for Social Security Disability (SSDI), the children will be eligible for benefits if his work history is sufficient to provide dependent benefits. The dependent benefits will not reduce the father’s benefits. You can find out by filing a claim for the children, assuming they are in your care. You will need their father’s Social Security number to do so. If the child support is in arrears, part of his SSDI benefits may be withheld to collect the child support, but this is unrelated to whether or not the children are eligible for dependent benefits.

          Sincerely,
          Kay

  • Christi L.

    My husband is 100% disabled through the VA and Currently has been receiving SSD Benefits since Feb. 2015. In October of 2015, Social Security called to inform us that our daughter (his stepdaughter) should be able to receive Child Insurance Benefits. So we went ahead and filed. Later we found out we were denied because my husband and I hadn’t been married for One Year and they informed us to re-file once we’ve been married for One Year. I re-filed and I am trying to find out if we will receive back pay to Feb 2015 if my daughter receives Child Insurance Benefits? Or will it only go back to the date of her being his daughter for One Year which would be Feb 2016? Thank you.

    • Kay Derochie

      Dear Christi,

      If your daughter is approved, benefits will begin February 2016.

      Sincerely,
      Kay

      • Peggy

        Hi Kay, I am currently waiting for ssdi hearing decision and if approved, I am confused about family benefits because I am legal guardian of disabled adult son whom collects ssdi/ssi, on his own record, he has been disabled since 17 but had been working part-time since 15.
        Also my husband is still working but he is 62. So would either of them be eligible for benefits on my record?
        Thank you for your time!

        • Kay Derochie

          Dear Peggy,

          I suggest that your son apply for Childhood Disability Benefits (a benefit for disabled adult children) on your earnings record. As long as he has not worked substantially after becoming disabled at age seventeen, he can receive both SSDI on his own earnings record and a dependent benefit on your record if it is more than his benefit. For example, if he is eligible for $500 dependent benefit and now gets $300 in SSDI, he would get $200 off your record to supplement the SSDI. The additional benefit will cause the SSI to be reduced. If the combined Social Security benefits reach $753, his SSI will stop.

          Your husband can apply for benefits on your earnings record based on having a disabled adult child in his care. He would receive benefits if his work earnings are not too high. Currently, one half of gross annual earnings above $15,720 cause a reduction in annual benefits of one dollar for every two of earnings. Before he applies, I would suggest finding out whether he and your son can draw more benefits together than your son alone. If not, he might not want to apply, unless his receiving benefits would allow your son to continue to SSI and, thus, Medicaid when otherwise his SSI and Medicaid would end. As you see there are a lot of factors in the decision about your husband applying. Accordingly, if you are approved, I suggest that as a starting poiont you find out how much your son can draw if only applies and compare it to the SSI limits and how much each he and your husband would get if they both apply.

          Sincerely,
          Kay

          • Peggy

            Thank you Kay, you are a wealth of knowledge ☺

            • Kay Derochie

              You are welcome, Peggy.

  • Cassie

    I am 17 I’m about to turn 18 in December will I still get disability if I have seizures and my doctor told me I can’t work or drive will it go up? Cause I don’t know when my seizures are coming. And I’m about to move out with me partner. What will happen?

    • Kay Derochie

      Dear Cassie,

      Your benefits may continue; however, you will have to have your Supplemental Security Income (SSI) claim re-evaluated based on the definition of disability for adults. When you turn eighteen and move, you need to apply to be your own payee and to receive your benefit payment directly. You need to report your move at that time. If you pay at least half of the shelter and food costs, living with your partner will not have a negative effect on your benefits.

      Sincerely,
      Kay

  • Lisa

    Hello My name is Lisa, I’m from Arkansas I was receiving SSI then my Husband got approved for SSD and they took me off, now my husband is the only one getting any income also we have guardianship of my Grandson, we have had him since he was born. My daughter who is his mother is bipolar , personality issues, and depression she used to get SSI when she was a young girl, she got sent to a behavioral facility in Memphis, TN. Then they cut her off because she went across state lines, but she was court ordered and now she has been denied everytime she has reapplied. I don’t know what to do. could anyone give me some advice or help me. Thank you

    • Kay Derochie

      Dear Lisa,

      If your husband’s work history is sufficient to provide dependent benefits, you and your husband could adopt your grandson, which would make him eligible for benefits if he is under age eighteen or in high school and under age nineteen. If he is under age sixteen, you could be eligible for young spouse’s benefits also. If your husband’s PIA (his own benefit) is less than his Family Maximum Benefit (FMB), dependent benefits up to the difference between the PIA and the FMB are potentially payable to his family. He can get his PIA and FMB amounts by calling Social Security at 1-800-772-1213. If dependent benefits are payable, you will be come eligible for reduced spouse’s benefits when you reach age sixty-two even if your husband does not adopt your grandchild.

      Sincerely,
      Kay

  • Oregon Anonymous

    I am currently married to someone who I believe is receiving permanent disability. We have been separated for over 2 years now and he refuses to tell me if he got approved for it or not. I believe he has. We have a daughter together and he pays NOTHING to help support her. I would just go and get a divorce but it costs WAY to much. I have had our daughter with no help or support from him this entire 2 years.

    He has just informed me that he is moving out to another state with his new girlfriend and abandoning his daughter.

    My questions… Can I find out if he is receiving benefits and can we get a portion of it to help support my daughter?

    • Kay Derochie

      Dear Oregon Anonymous,

      If you have your ex-husband’s Social Security number, you can go to Social Security and apply for benefits for your daughter on her father’s Social Security number. If he is receiving Social Security Disability (SSDI), not Supplemental Security Income (SSI), dependent benefits may be payable for your daughter. (You can get his Social Security number off old tax returns or it might be on your daughter’s birth certificate. If need be, you can request a copy of your joint tax return from the last time you paid taxes together from your tax accountant or from the IRS using your Social Security number to find it. The number will be on the return.)

      Sincerely,
      Kay

      • South Carolina

        Can I apply for benefits as the wife due to we recently getting married and the child we have a child together currently receives benefits under him? Were all living in the same house at this time, and my husband receives 801 as well as i’m a student f/t in school currently not working…. We have 3 children in the household all under the age of 12 which one belongs to him and the other two are his step kids. He also have two other kids which belongs to him that comes over due to visitation order from a previous marriage every other weekend that receive c/s and benefits under him as well.

        • Kay Derochie

          Dear South Carolina,

          You can apply for benefits as a spouse one year after marriage. The total amount of dependent benefits payable to you and the child you have in common is the difference between your husband’s PIA (his benefit) and his Family Maximum Benefit (FMB). Accordingly, even if total dependent benefits go up, your child’s Social Security may go down if you are are entitled. Your husband can find out the amount of his PIA and FMB by calling Social Security at 1-800-772-1213.

          Sincerely,
          Kay

  • Jason

    My wife has filed for and received SS for disability. Would both of us be required to sign paperwork for our minor child to receive benefits because of her disability?

    • Kay Derochie

      Dear Jason,

      Only one person can apply to be payee. If all live in the same household, often the non-disabled parent is the payee because of having better health to take care of business and meet the child’s needs. If the parents live separately, typically the custodial parent should be the payee.

      Sincerely,
      Kay

      • Steve S

        My wife receives SSD ($1609) and my daughter receives ($800) why wasn’t i offered any benefits? We were and still are married at time of applying and my daughter is under 16.And if i did would that mean my daughter would receive less?

        • Kay Derochie

          Dear Steve,

          You may be eligible for benefits if your work earnings are not too high. In 2015 and 2016, one-half of your work earnings above $15,720 counts to reduce your annual Social Security dependents benefits. If you are eligible, your daughter’s benefits will likely be reduced, but it is possible that the family would receive more benefits total if you are also eligible. The total amount of dependent benefits that can be paid out to a spouse and children is the difference between your wife’s Family Maximum Benefit (FMB) and her Primary Insurance Amount (PIA), which is the unreduced amount of her own benefit. She can call Social Security at 1-800-772-1213 to request the amount of her FMB and PIA. If the difference is above $800, benefits could be paid to you.

          However, I recommend that you and your wife discuss the matter with a Social Security claims representative to determine whether it will be to your advantage to be entitled if your work earnings are going to eliminate part of the benefits. I make this suggestion because I think, but am not sure, that if your benefit is suspended for some months due to excess earnings, your daughter’s benefit will not increase in those months. Lastly, if you decide to apply, don’t delay because dependent benefits are limited to six months retroactivity before the month of application.

          Sincerely,
          Kay

    • Danielle

      Dear Kay,

      How long does it usually take to receive children’s benefits after applying? Our local S.S. office says it can take up to 30 days just to process the application. Also, what is the approximate time it takes to get back benefits for the child?

      • Kay Derochie

        Dear Danielle,

        If you are inquiring about Social Security dependent or survivor benefits, the thirty-day time frame for processing the claim could be accurate. How fast you got the money after that would depend on whether you have a bank account set up for direct deposit or a check has to be mailed, but likely not more than a week to ten days.

        If you are inquiring about Supplemental Security Income (SSI) disability benefits for a child, nationwide it takes an average of two to five months to get a medical decision and another month or more to receive payment after medical approval.

        Sincerely,
        Kay

    • Mauriesha

      Hi Kay,
      Mauriesha speaking and I have a few questions. My childrens father have applied for disability August 6th of 2015 in the state of Nevada. He then moved to the state of Florida in like October of 2015. Here’s the thing, we haven’t heard anything from the disability people until February. He was notified here in Nevada that he needed to sign the paper and then get his doctor that diagnosed him with his sickness to also sign the paper but my children’s father isn’t here in Nevada so I sent the paper to Florida so that he could sign it. They won’t sign it because he is in Florida and would have to start His paper work back over so that he could get his medications received once again. So March of 2014 is when he 1st realized that he was sick when he was in Florida and started seeing a doctor there then he moved here to Nevada June of 2014 and then started seeing a new doctor who then diagnosed him with Schizophrenia and bipolar disorder. So with him now in Florida im wondering what should we expect? Will he still get the disability even though it was processed in Nevada and he resides now in Florida? Or would he have to restart the paperwork for disability in Florida bbecause he’s no longer in Nevada? We have 4 children together and the Child support office made me close the case due to the applying for the disability. Alsowhen they sent those papers in February, on the envelope the receivers information stated (my children’s father Name) and below his name stated (C/O Mauriesha). I’d really like to know what we are looking forward to. They have the children information on the application and everything. Please ccontact me and let me know what I should do.

      Sincerely,
      Mauriesha

      • Kay Derochie

        Dear Mauriesha,

        Your children’s father needs to go to a Social Security office in Florida and have his claim transferred to Florida. Keep his Social Security number to make it easier to apply for children’s benefits on his earnings record if he is medically approved. As far as having forms completed by the doctor, if you can get the doctor in Nevada to complete the forms that could help the claim even though new doctors may now be involved. If you know his address, you might give that information to the office that requested the forms.

        Sincerely,
        Kay

  • Ashaley

    Hello, I have a question as well. I receive SSDI and have been for about three years now. At the time I had one child which gets half of what I get from SSDI. At the time of getting approved for SSDI my husband and I were foster parents to what we thought was to a family member. Turns out, after DNA testing she was not related but was up for adoption. We went through the process of adoption and all was settled and he became our son. He does get benefits through the state. Now that my husband and I are now separated and going through a divorce, my income of course is not much (SSDI) and I have both kids. Am I able to receive SSDI benefits for my adopted child even though they get benefits from through the state? Please help

    • Kay Derochie

      Dear Ashaley,

      You can apply for Social Security dependent benefits for your adopted child. Your receiving adoption assistance will not affect the Social Security application. I do not know whether his receiving Social Security will reduce the adoption assistance. I suggest that you check with the agency paying it. When you do, be sure to make clear it is dependent benefits on your earnings record and not Supplemental Security Income.

      Sincerely,
      Kay

  • Carie

    My Ex-husband filed like 3 years ago for disability he just now got approved for it. He still owes me back child support and money is coming in for that now but he claims he got a letter stating that more money was coming to me. is it because my daughter was a minor when he filed? would the money he must be talking about be money that would come to me?

    • Kay Derochie

      Dear Carrie,

      Money that could come to you through the Social Security Administration (SSA) is part of your husband’s back benefits to pay part or all of the back child support and back benefits for your daughter, which would come in your name because she is a minor.If more back child support is due, a portion of your ex-husband’s ongoing Social Security will be withheld as well. (Note that if your daughter is under age sixteen and you were married at least ten years and your earnings aren’t too high, you can apply for young divorced spouse’s benefits on your ex-husband’s earnings record. Benefits for you will not reduce your ex’s; and because you are divorced from him, your benefits will not cause a reduction in your child’s benefits.)

      Sincerely,
      Kay

  • Bud

    I got my ssd in 2008 and I got married in 2008 and we have one child which the child gets one half of my check and my wife gets nothing she has taking care of me for 8yrs now why is it that she doesnt get anything when i talked to someone @SS office they said that she would get half of what the child would get but NOT true she hasn;t got anything.whats up

    • Kay Derochie

      Dear Bud,

      You and your wife had to be married for one year before becoming eligible. That means she had to file for benefits in 2009 to receive them. She can apply now based on caring for your child under age sixteen. Your child’s benefits may be reduced when she becomes entitled; however, it could be advantageous for her to apply because it could expand her rights to benefits off your account in the future should she become disabled and you die before her.

      Sincerely,
      Kay

  • Sarah

    Hi there,
    Can you please answer a question for me? I have a client who has a son, 11 years old, who receives SSI for mental health. This money he receives is supposed to go towards his therapy, counseling, medications, etc. She does not use the money towards any of her personal expenses. Can her son’s SSI be counted as earned income for her, in terms of State benefits? She is having a really hard time getting approved for food stamps and such because they are counting her sons SSI as her personal income, even thought it is used for HIS needs. I did not think that the State could use SSi in this way. Any idea?

    • Kay Derochie

      Dear Sarah,

      The Supplemental Security Income (SSI) program pays benefits to cover shelter and food expenses first. If there is money left over after those expenses, that amount it can be used for personal expenses. The benefits are the son’s income; however, if the mother is applying for food stamps for the whole family, the disabled child’s SSI would be counted as part of the household income.

      Sincerely,
      Kay

    • Crystal

      OK, I have a question. My wife and I both receive disability. I have SSI and she has SSDI. our son also receives disability SSI. My question is we got married in August last year and I just started receiving benefits last year after we were married. I need to know if my sons benefits are going to be reduced due to my SSI? How does that work? Because we are barely making ends meet now. Please advise. Thank you.

      • Kay Derochie

        Dear Crystal,

        Your Supplemental Security Income (SSI) will not cause your child’s benefits to be reduced. I assume that you told Social Security that you were married and that your wife received SSDI before SSI payments were calculated and paid–either at initial application or after medical approval. If not you need to report that to find out if her SSDI will affect your SSI payment amount.

        Sincerely,
        Kay

        • John

          Kay may I ask you about spousal benefits. My wife (age 64) and I (64) are receiving ssdi benefits. On the spousal benefits can my wife claim 1/2 of my ssdi benefits as getting the whole 1/2 amount regardless of her age. She is getting 600 dollars and mine is 2,200. So if she claim spouse benfits would that mean she gets 1,100?

          • Kay Derochie

            Dear John,

            If your wife waits to apply for spousal benefits on your account until she is full retirement age, she will receive $500 (the difference between $1,100 and $600). If she takes spousal benefits now, they will be reduced. You can use a calculator at https://www.ssa.gov/oact/quickcalc/spouse.html to figure the spousal benefit before the additional $600 reduction for her own benefit.

            Sincerely,
            Kay

          • John

            Kay I want to follow up with you on the answer that you have given. I thought she would get the whole 1/2 of my amount. I was reading this from another source “A beneficiary who claims a regular retirement benefit would get a reduced amount by claiming before full retirement age. But with the disability benefit, the year you become disabled is considered the year that you reach full retirement age in terms of paying benefit”. Does that make any sense? I would love to hear back from you. Thanks .

            • Kay Derochie

              Dear John,

              Yes, what you say is correct related to one’s own disability benefit; however,I don’t think it applies to spousal benefits. I suggest that you double check with the Social Security Administration.

              Sincerely,
              Kay

  • Judy Doolittle

    My husband and I have been separated for about 7 years we been married for 20 years.I am 64 and he is 57 He and I both receive social security disability benefits. The amount of his check is a whole lot higher than mine. I am having a real hard time making ends meet. Could I get a % of his disability amount right now if I apply. Does social security allow a % of the spouses benefit.

    • Kay Derochie

      Dear Judy,

      The amount of dependent benefits that you can draw on your husband’s Social Security account when you reach full retirement age (age sixty-six) and while he is living is the higher of 50% of his benefit or the difference between his gross benefit–called Primary Insurance Amount–and his family maximum benefit, reduced for taking the benefit at age sixty-two and reduced by the amount of disability you receive on your own earnings record. The reduction for early benefits is permaenent.

      The reduction factor for early spouse’s benefits is 25/36 of one percent. For example if your husband’s benefit were $2,000 and his family maximum allowed a 50% unreduced benefit of $1,000, at exactly age sixty-four, 24 months before full retirement, your benefit before reduction for your own disability benefit would be about $840. If your own benefit were $800, you could receive $40 off his account. I suggest that you ask a Social Security claims representative go over the actual figures to identify your choices.

      Sincerely,
      Kay

  • Vicki

    My husband receives SSD. My daughter is 26 disabled and receives half
    Of my husband disibility. My husband has been taking care of my daughter for the past 8 years while I have been working a full time job.
    Now my husband is not able to take care of my daughter due to his bed ridden condition. Will I be able to collect SSD and take care of my daughter? I am 58 years old.

    • Kay Derochie

      Dear Vicki,

      You can apply to receive young wife’s benefits based on caring for a disabled child entitled on your husband’s earnings record. Whether or not the family ends up with more income depends on whether the family maximum is already being paid out. Your husband can call Social Security at 1-800-772-1213 and as the amount of his family maximum benefit. If it is more than his gross benefit and your daughter’s gross benefit combined before reduction for Medicare premiums or taxes, your becoming entitled will result in an increase in family income.

      You might also check with your state or county social services office to find out whether your state has a program that pays a small wage or stipend to individuals who care for a severely disabled relative such as your husband and/or daughter.

      Sincerely,
      Kay

      • Teresa

        Please inform me of your findings. My husband is permanently disable by MS and he now has SEVERE anxiety if I’m not in his sight. I do all of the cooking, cleaning, paperwork, driving, medicine etc. I monitor his baths and get his clothes out for him. Is there some type of monies for this service? I can not leave him nor can I work an outside job.

        • Kay Derochie

          Dear Teresa,

          I suggest checking at your local state or county social services office to find out whether they have a program that pays a small stipend or wage to individuals who care for a relative; some states do.

          Sincerely,
          Kay

  • kay

    I’m disabled and receive payments for self and two children based on work credits. My son is taking medication and is diagnosed with aspergers/adhd, my daughter is currently undergoing treatment for a newly diagnosed seizure condition. I’ve been told to file disability for both of them.. will this help them if so how?.

    • Kay Derochie

      Dear Kay,

      If your children are disabled and financially eligible for Supplemental Security Income (SSI), the SSI will be paid to supplement any dependent benefits they are receiving on your earnings record up to a maximum of $753 combined from both benefits. Also, in most states SSI eligibility results in Medicaid health insurance.

      Sincerely,
      Kay

  • Lovie

    Hello, I applied for ssi and ssdi in November 2015. Each time I check the website for status it say no information is available at this time. I have had 3 surgeries on the same arm, injured in 2012 torn rotator cuff with 2 years of physical therapy and now frozen shoulder. Does that constitute approval for both, I’m 52 years old and have worked since I was 20?

    Thank you,
    Lovie

    • Kay Derochie

      Dear Lovie,

      Whether or not you are disabled due to your shoulder problems depends on whether there are occupations that you can perform with your shoulder limitations. This depends in part on your work history, education, and transferable skills. Given that you have had a series of surgeries you might at least be eligible for a limited period.

      Sincerely,
      Kay

      • Jenni

        If spouse has/is reciving ssdi and her child ..and what her husband makes at two jobs is there a income line??

        • Kay Derochie

          Dear Jenni,

          A spouse’s earnings do not affect the Social Security benefits of a disabled worker and her child.

          Sincerely,
          Kay

      • Hey sir I have something to ask you I’ve been trying to get with child support to close the case because I am disabled now but if they cant drop it then I will try to get that child to receive my famity benefits so it ain th coming out of my check every month I seen where it said that if the child support agreement is less then my family maximum benefit then I don’t have to pay another question I have is I was ordered to pay child support ten years ago I became disabled a couple of years ago don’t child support have to have a order from the judge to take my disability or when the judge ordered me to pay he put that in I don’t know but is there anything in the world that I can do to get child support dropped or sign over rights or anything I can do to make it where I don’t pay anything from my ssd she raped me and all wemon now are doing stupid shit to get a check

        • Kay Derochie

          Dear Eddie,

          If you owe back child support and it has been turned over to the state for collection, your Social Security is subject to garnishment and the amount that is withheld is given to the custodial parent for the child’s support until the back support is caught up. People with tax liens can request a lower rate of collection in some circumstances; I don’t know if that is possible with a child-support garnishment, but you could try.

          Dependent benefits are payable now on your earnings record if your family maximum benefit (FMB) is more than your primary insurance amount (PIA), which is your benefit before reduction for Medicare premiums, taxes, or child support. You can call Social Security at 1-800-772-1213 and find out if the FMB is more than your PIA.

          If the FMB is higher than the PIA and if your children are not already receiving Social Security dependent benefits on your earnings record, you should have their mother or other adult who has physical custody of them apply for dependent benefits. Then after they are receiving benefits, you can go back to court and ask to have ongoing child support reduced or terminated because the children are receiving Social Security.

          Sincerely,
          Kay

  • Sandy

    Hello, my husband was deemed disabled 4+ yrs ago and receives SSDI. Our daughter was approx 13/14 yrs old at the time and receives a benefit thru him…this year she will be 18 (HS graduate in 2017). Recently someone asked why I didnt receive spouse support thru my husbands SSDI claim, as I was taking care of our daughter.
    I am a fulltime worker – was I eligible for that? If so,am I able to file a retro claim?
    Thank you.

    • Kay Derochie

      Dear Sandy,

      A spouse under age sixty-two can only receive spouse’s benefits if caring for a child under age sixteen. Retoactivity for dependent claims is six months, so filing a claim at this point would not get you benefits. It is also possible that your earnings have been too high for benefits to be payable. The first $15,720 gross per year is excluded but for every $2 above that amount, there is a $1 reduction in annual benefits. Note that your daughter can receive benefits until age nineteen or graduation from high school whichever is first. However, for continuation of benefits, she needs to submit proof of school attendance.

      Sincerely,
      Kay

  • lou

    My child receives benefits from his father. The father and I are getting married and I work. Will I be able to receive spouses benefits even though I work and continue benefits for my child?

    • Kay Derochie

      Dear Lou,

      If your child is under age sixteen and your earnings are low enough, you can receive benefits as a young wife. Currently, you can earn $15,720 gross per year and not have any reduction in your annual benefit. If you earn over that amount, your total annual benefits will be reduced by one-half of the excess. For example, if you earned $17,720, your annual benefits would be reduced by $1,000 because you were $2,000 over the limit.

      Sincerely,
      Kay

      • Cindy

        My husband currently receives 700 for ssd. I applied for our two year old to receive benefits and the letter said that it was approved but they cannot pay my son money because “this record” is being paid to my husband. Can you please clarify? And can I appeal this decision?

        • Kay Derochie

          Dear Cindy,

          I believe that the determination is telling you that your husband’s entire family maximum benefit is being paid out to your husband. Stated another way, your husband’s earnings record was not high enough to provide dependent benefits. Given that his benefit is only around $700, that sounds right. A note: if his SSD is below $753, depending on other family income, your husband might qualify for a small Supplemental Security Income (SSI) payment.

          Sincerely,
          Kay

  • Traci

    I have guardianship of a minor child who receives social security disability benefits from her mother who lives in another state. The mother recently had another child by a different man. I received a letter stating her benefits were now being reduced by a little more than half. From what I’ve been told this can’t happen unless the mother said the 2nd child was from the same father or if she remarried, which she is still married to my foster child’s father, & that she should be drawing the same amount as the 2nd child does. Is this true or will her amount be cut in half due to her having another child?

    • Kay Derochie

      Dear Traci,

      Because the foster child is receiving benefits from her mother’s earnings record, her benefits will be reduced as the result of the entitlement of any other child born to the mother. Who the father is has no bearing. Accordingly, the reduction would appear to be correct.

      Sincerely,
      Kay

  • Lisa

    I have SSI and SSDI and NO children!! When is insurance foing to pay for infertility treatments and can my husband get medical from my disability.

    • Kay Derochie

      Dear Lisa,

      Your husband cannot get medical insurance from your disability eligibility. He can apply for health insurance through the Affordable Care Act if he applies tomorrow, January 31, which is the last day in the annual open enrollment period.

      I do not know whether either Medicare or Medicaid will pay for infertility treatments. If you have Medicare, you should also have a Medicare coverage book that would give a list of what is and isn’t covered. You might also find information at http://www.medicare.gov. For Medicaid coverage, contact your state’s Medicaid office.

      Sincerely,
      Kay

  • Joeseph Carp

    Hi,
    I receive SSDI and my 2 children receive auxiliary benefits based on my SSDI. I am recently divorced. Since my ex and I have joint custody, we are thinking each parent should declare 1 child each as our dependent for income tax. If I only declare 1 child, would the other child still receive benefits if my ex declares that child on her tax return? Both children are my biological children.

    Thank you,
    Joe

    • Kay Derochie

      Dear Joseph,

      How you claim the children as tax dependents does not affect the children’s eligibility for Social Security dependents benefits. If you were married for ten years and your ex-wife is not earning too much and at least one of the children is under age sixteen and living with her, she can apply for divorced wife’s benefits and receive benefits without affecting the amount of the children’s benefits.

      Sincerely,
      Kay

  • Crystal

    Hi Kay!!
    So my new question is, what determines the percentage that is received with
    SSDI (with 2 dependents) how does the 150-180% get factored?
    That is probably confusing, but I haven’t received the information as of yet on how much my 2 children will receive, but I have read that the family maximum is between 150-180%, well on my SS statement from 2012 the family maximum would have been higher than the 150%, more like 180%, is that what is used for SSDI as well?
    Hopefully this makes sense..
    Thanks for your time!

    • Kay Derochie

      Dear Crystal,

      The underlying principle is the higher the earnings history before disability, the higher the dependent benefits (and percentage). The closest advance estimate is the earnings record that you cited.

      Sincerely,
      Kay

      • Loretta

        Dear Kay,
        I’ve been on disability for many years, I was given legal custody of my granddaughter and I’m truly in need of some monthly assistance money wise. How would I go about getting that change or a h at. Please help.

        • Kay Derochie

          Dear Loretta,

          Your grandchild can become eligible on your Social Security earnings record only if you adopt her or both her parents are either deceased or receiving Social Security or SSI disability themselves. If that is not the case, you might contact your state or county social services office to see if she is eligible for cash assistance and/or medical insurance.

          Sincerely,
          Kay

      • Cindy Chancey

        My husband is disabled and has been for several years. I feel the need to be with him due to his blindness in one eye. He is forgetful and I am afraid for him to drive to the Doctor. I am asking if there are anything I could get for staying home instead of working to care for him. I am 55 and not eligible for Social Security.

        • Kay Derochie

          Dear Cindy,

          I suggest that you contact your state or county social services offices to find out whether your state has a program that pays a small wage to individuals who provide attendance and care for a disabled relative and, if so, how you apply.

          Sincerely,
          Kay

  • Lindsey

    Can dependents (children) receive benefits from my husbands claim if he has SSI?

    • Kay Derochie

      Dear Lindsey,

      If your husband is receiving SSI (Supplemental Security Income), no dependent benefits are payable. If he is receiving Social Security Disability benefits (SSDI), the children may be eligible of they are his children or, in some circumstances if they are his stepchildren. You can inquire at any local Social Security office.

      Sincerely,
      Kay

  • carly

    I receive SSI because I did not have enough work credits. My pmt is minimal because of my husband’s income. If we separate and he is no longer supporting the house hold. I also have 2 children 9 and 16, i have custody of them. Will my pmt go up and will the children get any.

    • Kay Derochie

      Dear Carly,

      Your benefit will increase when your husband leaves the household assuming he does not provide you with support. The children will not receive benefits due to your disability because Supplemental Security Income (SSI) doesn’t pay dependent benefits. They might be eligible for public assistance from your state.

      Sincerely,
      Kay

  • Joseph Gazaille

    My wife had a hearing for SSD. She just received her decision and the hearing officer deemed her disabled. She applied in Oct.2013. When will she start receiving checks and how far back does Social Security go for back pay. She was suppose to have a hearing in 2014 but they reschedule for Dec. 2015

    • Kay Derochie

      Dear Joseph,

      You wife’s benefits will begin to accrue the later of the sixth full calendar month after the month that was established as the month her disability began or October 2012, twelve months before application.

      Sincerely,
      Kay

      • Joseph Gazaille

        So does this mean she should receive everything from 2012 up to the decision date Dec. 2015? I’m sorry I am just a bit confused on your answer.

        • Kay Derochie

          Dear Joseph,

          Back pay will be paid up through the month before she first receives monthly benefits. When they start depends on the date Social Security said that her disability began. Tell me the established date of disability and I will tell you when benefits will begin to accrue.

          Sincerely,
          Kay

      • Teresa

        I am confused by this….my husband was diagnosed with MS in January 2015. When should his bemerits retro back to?

        • Kay Derochie

          Dear Teresa,

          I thought you were asking about income for yourself. If your husband has not already done so, he can apply for Social Security and/or Supplemental Security Income (SSI). If approved for SSI, benefits begin the month after the month of application unless application is made on the first of the month, in which case benefits start the month of application. Social Security Disability benefits start the later of the sixth full calendar month of disability or twelve months before the month of application.

          Sincerely,
          Kay

  • sheryl

    I am 33 and i’ve been on disability since i was 22. I want to go back to work. I have a 2month old son to think about now and dont know what to do. I function fine but i know i cant do full time, i just really want to do more with myself i feel so limited . Will i loose my benefits by working?, and besides finally doing something constructive with myself would working be financially beneficial cause what im making is not enough to raise a child at all. I been trying to find out what i can make i keep getting different answers im so lost.

    • Kay Derochie

      Dear Sheryl,

      Please tell me the kind of benefits you are receiving, Social Security Disability (SSDI) or Supplemental Security Income (SSI), so I can respond.

      Thank you,
      Kay

  • Lee

    I am 55 and recently approved for FERS disability retirement. I have applied for SSDI (it’s been about three months now, and have been in touch by phone and mail, answering questions) and think my chances are good based on my condition and medical record. My husband is 69 years, 4 months and works full time (earning less than I earned before I retired). We had always planned to delay taking his SS until age 70, but it’s tougher now with me not working, and my pension will drop again later this year before he hits age 70.

    My questions….if I am approved for SSDI in the next few months, can he apply for benefits under my record between now and age 70, and then revert at age 70 to his own record, at his full benefit? I earned considerably more before I retired, but because he delayed his own benefits his monthly Max is only slightly less than 50% of my benefit.

    Second, would a family max still apply in this case? So if my SSDI, If approved, plus his full benefit assuming he waits until age 70 to file, exceed that limit, will our benefits be reduced? I don’t understand why that would be since, in essence, he would be penalized for my disability. (As if he hasn’t suffered enough just taking care of me!)

    Thanks.

    • Kay Derochie

      Dear Lee,

      Your husband cannot take a spouse’s benefit without taking his own benefit also. He will be paid first off his record and then receive a small amount off yours to bring his total benefits from both his earnings record and yours to fifty percent of yours. He is of an age that he can earn any amount and still receive full benefits if he wants to continue working.

      Sincerely,
      Kay

      • Lee

        Can I ask a follow up question? If SSA approves my disability soon (and I know, no guarantee), at that point there would be no reason for him to wait until 70 to collect, since 50% of my benefit is greater than his full benefit at age 70. Is this correct, based on the facts I’ve presented?

        By the way, I wasn’t understanding the family max. I thought it was a household max, but realize after going back and reading that it applies to the benefits payable off a single earnings records. That makes sense to me now.

        And thank you for explaining.

        • Kay Derochie

          Dear Lee,

          I would say that your analysis of benefit choices is correct, and you are correct about the family maximum. Combined family maximums apply only to dependent children drawing benefits from both parents’ records.

          Sincerely,
          Kay

  • Lewis

    I have learned my ex-wife is collecting Social Security Disability benefits, but claiming our children as her dependents and receiving dependent child benefits as well. Which is false, I have primary custody, and she only sees them 4 nights a month. Wouldn’t the “Dependent Child Benefits” be sent to me or to the kids directly, since I am the primary financial and custodial parent?

    • Kay Derochie

      Dear Lewis,

      Usually the parent who has primary physical custody is payee for the children. You can apply to be their payee at your local Social Security office. Take your ex-wife’s social security number if you have it and take the children’s social security numbers.

      Sincerely,
      Kay

  • Smitty

    I am 40 years old and receive social security disability. I also receive extra on my two teenage children because of my disability. My question is, does the extra money I receive for then count as income? I was told it does in some circumstances and not in others. My wife is attending college full time and thinking about going to part time at work and wanted to apply for snap assistance, but we don’t know if we are to count the money we receive for just me or the children’s also.

    • Kay Derochie

      Dear Smitty,

      If you are requesting food assistance for the whole family, the entire family’s income most likely has to be listed, including the children’s income. The SNAP application forms should make it clear. If not, ask your SNAP office.

      Sincerely,
      Kay

  • Paula

    My husband has been getting s.s. disability since age 52 (now 60) I am getting my own s.s. disability for the past 3 yrs. I am 58. Can I receive any or part of my husbands benefits since his is alot higher then mine?

    • Kay Derochie

      Dear Paula,

      Unless you have a child of your husband under age sixteen in your care, you cannot draw benefits from his account until you are age sixty-two. At that time, if reduced wife’s benefits (reduced for taking the benefits before you reach full retirement) are more than your own Social Security Disability benefit, you can receive the difference between the wife’s benefit and your benefit.

      Sincerely,
      Kay

  • Terry

    Hello im 59 years old an have been disabled for about 15 years i an married an i i raise a 7 year old grandson hes in school can my wife or my Grandson draw a check off of my SSDI we have no other income thanks

    • Kay Derochie

      Dear Terry,

      If your grandson’s parents are deceased or receiving disability benefits or if you have adopted your grandson, he could be eligible on your earnings record. If your wife is at least age sixty-two and your earnings history is high enough to pay dependent benefits, she can receive reduced wife’s benefits. If she is not sixty-two and your grandchild or another child of yours who is under age sixteen receives benefits on your account, she may be eligible for young wife’s benefits for having the child in her care.

      Sincerely,
      Kay

  • Bud

    I received My SSI in 2008 and I was told that My Wife would receive half of my check but thats Not true @ all why?

    • Kay Derochie

      Dear Bud,

      If you are receiving SSI (Supplemental Security Income), no dependent benefits are payable. If you are receiving SSDI (Social Security Disability), dependent benefits are payable to your wife if your earnings history is high enough to provide dependent benefits and your wife is either age sixty-two or has a child of yours under age sixteen in her care.

      If your wife meets the requirements, you can call 1-800-772-1213 and ask the amount of your primary insurance amount (PIA), which is your benefit before reduction for taxes or Medicare premiums, and your family maximum benefit (FMB). If your FMB is higher than your PIA, she can apply for benefits.

      Sincerely,
      Kay

  • I receive disability benefits for myself and dependent’s benefits for my daughter. This same daughter receives her OWN disability benefits and I am her payee. Are her own disability benefits supposed to be figured into her living expenses on the yearly accounting report, or, are the dependent’s benefits I receive for her,from my case, supposed to cover her living cost? On her annual accounting form do I put ZERO, as her housing cost ?

    • Kay Derochie

      Dear Angie,

      I am not certain, but I think that you are saying that your daughter receives both Social Security dependent benefits and Supplemental Security Income (SSI) disability benefits and you are payee for both. If that is the case, you may get the accounting forms at different times. If you pay the housing out of the SSI and you are completing the form for Social Security benefits, put 0, but also put “see remarks” and write in remarks that you are payee for her SSI benefits and SSI is used for housing. Do the same for anything else on the form that is paid with the SSI. When you complete the SSI accounting form, follow the same procedure for anything paid with the Social Security benefits.

      Sincerely,
      Kay

  • Martin

    I have had my hearing for SSD . The Judge said and their experts agreed that I was disabled and now just waiting for my formal letter.

    I know I will get money for the one daugher who is still in high school . She is set to graduate this coming year, will she still get money if she goes to college or does it stop once she leaves high school?

    • Kay Derochie

      Dear Martin,

      Your daughter will be eligible after high school graduation only if she is still under age eighteen.

      Sincerely,
      Kay

  • Michael Nodes

    Kay,

    I was put on SSDI in 1999, I had two children under the age of 18 at the time. SS deducted $532/month from my benefits to be split between both of my child and once my children turned 18 and not go on to college this amount would be added back in to my monthly check.

    Well both of my children turned 18 roughly 2006 and 2009 respectfully and did not continue on to college and have moved on in life.

    To date I am still on SSDI the $532 has not been added back in to my benefits. Can I go to SS and get these payments reinstated and will it be retroactive or should I just get an SSDI attorney and let them deal with this?

    Also, I remarried in 2004 and my new wife stays at home and basically takes care of me to help me deal with day to day activities. Can she get these benefits?

    Mike

    • Kay Derochie

      Dear Michael,

      You have misunderstood your family’s benefits. Your children were paid benefits in addition to your benefits, not out of your benefits. Accordingly, you were not due an increase when their benefits stopped. If your wife is at least sixty-two years old, she can apply for reduced wife’s benefits. Some states have programs that pay a stipend or wages to a person who provides care to a disabled relative if the the relative is severely disabled and needs significant assistance. She might inquire at your local county or state social services office.

      Sincerely,
      Kay

      • Nello Mandile

        Hi Kay, I collect SSDI and my kids collected SSI for my family maximum. Now that my kids have turned 18, does their SSI payments go to my income to still meet family maximum? Or does my check stay the same?

        • Kay Derochie

          Dear Nello,

          Your benefit remains the same because your children’s dependent benefits were paid in addition to, not out of, your benefit.

          Sincerely,
          Kay

  • Carol King

    My daughter is disabled and draws a little over $700 a month. She has a baby that’s 20 months. Can the baby draw off her mom? Thank you

    • Kay Derochie

      Dear Carol,

      If your daughter is receiving Supplemental Security Income (SSI), which her payment amount indicates she may be receiving, no benefits are payable for her daughter because SSI doesn’t pay dependent benefits. If she is receiving SSDI and her family maximum benefit is more than her primary insurance benefit (her benefit before any Medicare premiums or tax withholding), she can file for benefits for the child. She get get those two figures by calling Social Security at 1-800-772-1213.

      Sincerely,
      Kay

  • David Carroll

    I have been receiving disability for the last 5 years and at that time I also filed on my Daughter. We both receive a check and I was wondering when she turns 18 and no longer receives her check can I refile for my wife to receive my Daughters amount.

    • Kay Derochie

      Dear David,

      Without a child under age sixteen in her care, you wife will not become eligible for benefits on your account until she is age sixty-two. At that time she will be eligible for reduced spouse’s benefits if she does not have a retirement benefit on her own earnings record that is higher than her spouse’s benefit.

      Sincerely,
      Kay

  • Roxiaa

    Me and my husband have been married for 7yrs. I receive Social Security Disability based on my work earnings which is about 850. He has 2 kids from a previous relationship whom are 10 and 12. Can the kids receive benefits under my record?

    • Kay Derochie

      Dear Roxia,

      If your earnings were high enough to provide dependent benefits, which they may not be because you have relatively low benefit, and the children were financially dependent upon you a key times related to your disability and disability claim, they could be eligible for benefits. I suggest that you first call Social Security at 1-800-772-1213 and find out your primary insurance amount(PIA), which is the amount before withholding for Medicare premiums or taxes, and your family maximum benefit (FMB). If the FMB is more than the PIA, dependent benefits will be payable if the financial dependency test is met. If the FMB allows payment, file a claim to find out the specific financial dependency requirements and to see if you meet them.

      Sincerely,
      Kay

      • I had my hearing on December 21,2015 I’m receiving my Retirement Disability I just want to know what we’re my chance of getting my SSD.

        • Kay Derochie

          Dear Yolanda,

          You have not told me anything about your medical limitations or anything about the hearing so I cannot offer an opinion on the likelihood of being approved.

          Sincerely,
          Kay

  • Tracey

    Hi,

    I am applying for disability benefits. My child already receives benefits from her father’s retirement benefits. Will my child receive benefits from my disability benefits as well?

    Thank you.

    • Kay Derochie

      Dear Tracey,

      If you are approved for Social Security Disability or Retirement benefits, your child’s eligibility will be reviewed to see whether her benefits can increase under a combined family maximum benefit drawn from your and your husband’s earnings records.

      Sincerely,
      Kay

  • joann smith

    I am currently on ssdi and get it for myself and 2 minor children age 10 & 8. When I applied and got approved me and my husband were seperated and not living together so I didnt include him in any of my paperwork. I have been told by friends and family that he should be getting benefits as well. We are now back together and living together. What should I do?

    • Kay Derochie

      Dear Joann,

      If your husband’s earnings are low enough to allow payment, now that he is living with the children again, he can apply for benefits on your account because he has your children under age sixteen in his care. Currently,gross earnings of $15,720 do not affect dependent benefits. For every two dollars over that amount, your husband’s total annual benefits will be reduced by one dollar.

      If your family maximum is already being paid out to you and the children, adding your husband will not increase the overall family benefit. However, depending on your husband’s age, he might get some future protection for disabled widowers benefits if you were to predecease him. A claims representative in your local office can provide more information.

      Sincerely,
      Kay

  • Hi, I’m on Social Sercurity disability and get $753 my youngest daughter is on SSI and receives $733 I have another daughter and was wonder if she could draw off of me?

    • Kay Derochie

      Dear Teresa,

      If dependent benefits are payable on your Social Security record, both your children will be eligible. It is possible that your earnings history is too low to pay children’s benefits or Social Security would already have had to apply for the chilren. However, I suggest that you call Social Security at 1-800-772-1213 and ask for the amount of your family maximum benefit and your primary insurance amount (your gross benefit before reduction for Medicare premiums or taxes.) If the family maximum is more than the primary insurance amount, then you can apply for your children. If it is the same, no dependent benefits are payable.

      Sincerely,
      Kay

  • Valerie

    I am trying to see how it can go about seeing my husband is receiving any type of disability. We have been together since 97 married in 06 and separated since 2011 we have two kids together under the age of 18. He is real snicky about rather he is or not so it trying to figure out my options..

    • Kay Derochie

      Dear Valerie,

      If you have your husband’s Social Security number, you can go to a Social Security office and ask to apply for benefits for your children on his record. If he is receiving benefits and has earned a family maximum greater than his own benefits, your children can receive benefits.

      Sincerely,
      Kay

  • Mary

    My multiply impaired daughter, who is now almost 19, receives SSI. Because she is now an adult, is she also eligible to receive additional payments based on my or my husbands earnings.

    • Kay Derochie

      Dear Mary,

      When you and/or your husband start to receive Social Security benefits or if one of you dies before your daughter, she will become eligible for disabled adult child benefits if she is still disabled then and unmarried. The Supplemental Security Income (SSI) benefits will be reduced at that time by an amount equal to her Social Security minus $20.

      Sincerely,
      Kay

      Sincerely,
      Kay

  • Rita

    I wanted to know if I am entitled to any of my husband disability. When he started receiving it we were together but since have separated and we have two children. They do receiving benefits but since I’m the one taking care of them will I be entitled to anything since the income of the house has changed.

    • Kay Derochie

      Dear Rita,

      If one of your children is under age sixteen or you are age sixty-two or older, you are eligible for spouse’s benefits assuming your work earnings are not too high. (You can earn $15,720 a year without reduction in benefits. Earnings above $15,720 cause a one-dollar reduction for every two dollars of excess earnings. The reduction is applied to total annual benefits.) Your applying for benefits will cause a decrease in your children’s benefits if the family maximum benefit is already being paid.You can inquire at Social Security as to whether additional benefits are payable within the family maximum while the two children are still receiving benefits.

      Sincerely,
      Kay

  • Name

    I have guardianship of a child which I just received this month. Her mother is disabled and draws ssd/ssa off of her dad BC she was determined disabled between age of 18 and 22. Can the child draw off of her ssa/ssd?

    • Kay Derochie

      Dear Name,

      No, the child cannot receive benefits on account of his or her mother’s eligibility because the mother is not receiving benefits based on her own earnings record. If the child’s father is deceased or receiving disability benefits and the child’s grandfather has financially supported the child, there is a possibility the child could receive benefits as a grandchild on the grandfather’s record.

      Sincerely,
      Kay

  • Anthony Dinh

    Hi my name is Anthony I have a question I receive social security and get medical benefits that don’t cost me money I was wandering if I get married no children yet does my wife get the medical as well I don’t care about losing my as I paycheck I care about the medical because I have pre cancerous cells in my body.

    Thank you

    • Kay Derochie

      Dear Anthony,

      If you are receiving Social Security Disability, not Supplemental Security Income (SSI), marriage will not affect your benefit or Medicare insurance. Your wife will not be eligible for insurance on your earnings record.

      Sincerely,
      Kay

  • Carrie McClure

    Dear Kay Derochi

    My husband is getting disability an I’m 57 years old and I work and I was wondering if I can draw off his disalibity

    Sincerely,
    Carrie

    • Kay Derochie

      Dear Carrie,

      You can draw reduced retirement from your own earnings record at age sixty-two if your annual earnings are not too high. If your reduced wife’s benefit is more than your own benefit, the difference between the two will be paid off your husband’s record. The reduction in benefits is permanent. If you wait to draw benefits until you reach full retirement age, your benefits will be higher. The only way you could draw benefits now would be if you have your child of your husband under age sixteen in your care.

      Sincerely,
      Kay

    • Anthony Lujan

      I receive ssdi and divorced beforehand. My exwife has remarried. Will she be receiving my ssdi ?

      • Kay Derochie

        Dear Anthony,

        No your former wife will not be eligible for benefits on your earnings record because she has remarried.

        Sincerely,
        Kay

    • leanne

      i’m a filipina and i’m 27 years old my boyfriend is in SSD and we have a son 5 years old and we are applying for his benefits and he is wondering who will be the trustee is it me a girlfriend or him? pls help we need to know what is the law in united states we live here in the philippines thank you so much for you help

      • Kay Derochie

        Dear Leanne,

        Usually either parent can be made a Social Security representative payee (not trustee) and often it is the non-disabled parent because of having better health. I do not know the law regarding whether a non-U.S. citizen living abroad can be made payee for the child.

        Sincerely,
        Kay

  • Justin clark

    I was wondering I receive a ssdi check on the 3rd for 840 dollars can my wife or child draw a check off me since they have no income my child 3 but not diabled and my wife is 25 and I am 29? I am the only one who gets a check from disability?

    • Kay Derochie

      Dear Justin,

      Your work earnings may have been too low to provide dependent benefits. You can check by calling Social Security at 1-800-772-1213 and asking the amount of your family maximum benefit and your primary insurance amount (your benefit before any withholding or deductions). If the family maximum is more than your benefit, your wife can apply for dependent benefits for your children and, if her work earnings are not too high, for young wife’s benefits for herself because she has the children in her care.

      Sincerely,
      Kay

      Sincerely,
      Kay

  • Harith Nelson

    I’m currently on disability. Because of this, my son also receives disability. Is he eligible for Medicare as well?

    • Kay Derochie

      Dear Harith,

      I believe that you are saying that you receive Social Security Disability and your son receives Social Security dependent benefits on your earnings record. Minor dependents do not receive Medicare. I suggest that you visit http://www.healthcare.gov to review the Children’s Health Insurance Program (CHIP) and other possible options for your child to have health insurance.

      Sincerely,
      Kay

  • Vieng

    I have brother that working alone and has 3 pendants wife and 2 child; 1 of the child is autism and he also has the mortgage.
    He out from work almost 3 months, due to his stage 4 cancel spending most of his times at emergency room.
    Life saving money is drain it out.
    What should his wife do? they have no income at all.

    Thanks,

    • Kay Derochie

      Dear Vieng,

      Your sister-in-law should contact her state’s department of social services and apply for Temporary Assistance for Needy Families (TANF) and food stamps (and Medicaid if the family does not have medical insurance). That is the quickest way to get almost immediate and temporary help.

      She should also help her husband apply for Social Security Disability (SSDI) and Supplemental Security Income (SSI) disability. And, she should apply for SSI for the child who has autism. The SSDI and SSI applications can be filed in a Social Security Administration office. Information on filing the claims can be found under the “Apply for SSD” tab on the top navigation bar of this website. It will take several months for the SSDI and SSI claims to be processed, but she should start on them this month to avoid potential loss of SSI benefits.

      Sincerely,
      Kay

  • Pete

    I have been on Social Security disability from Stage 4 cancer and it’s
    devastating effects for some years now. My wife is 60. Is she eligible for benefits now, or at 62, under Family Maximum ? We never thought to see if she was eligible. If she was, is it possible to get the back benefits now?

    • Kay Derochie

      Dear Pete,

      Your wife can draw reduced spouse’s benefits at age sixty-two if your family maximum is more than your own benefit and if the reduced benefit is more than a retirement benefit under her own work record. You can get the amount of your family maximum benefit by calling Social Security at 1-800-772-1213.

      Sincerely,
      Kay

  • Gladys Pena

    Hi my Name is Gladys i. wondering if i could get any help for my kids my ex husband receives SSI for Almost 3 years ..sense the begging the medicaid put the childsupport but they said i could get help from them..I Been Alone witg my kids and i really need some help for them! Is there’s a way they could help me!

    • Kay Derochie

      Dear Gladys,

      If your children’s father is receiving Social Security Disability (SSDI), the children might qualify for dependent benefits. I suggest that you take their father’s Social Security number and the children’s birth certificates to a Social Security office and file an application for them. You will be told whether or not they are eligible. (If your ex-husband is receiving Supplemental Security Income (SSI) only, no dependent benefits are payable.) Depending on your income, your family might qualify for SNAP (formerly called food stamps).

      Sincerely,
      Kay

  • calieann

    My husband has been on SSD for over 20 years due to accident at work; Within the next couple of years, I am planning to take early retirement (under 62) and we are planning to moving out of state- would it be possible to qualify under his disability for health insurance for myself or would I have to purchase a health ins. plan for myself?

    • Kay Derochie

      Dear Calieann,

      You cannot get health insurance under your husband’s Social Security benefits. You can get Medicare under your own record when you turn sixty-five.

      Sincerely,
      Kay

  • Stephanie Phillips

    I started receiving SSDI after my husband and I married December of 2014 for two neurological and two mental disorders, two of them physically debilitating, but after having applied for it whilst unmarried. He has had to miss a fair amount of work to take me to doctors appointments, and to stay with me when I have my seizures and migraines (I have chronic hemiplegic migraines with left side hemiparesis). Is there any way for me to adjust my claims to increase my benefit to cover the deficiency in my husband’s paycheck from him having to miss work due to my medical problems?

    Thank you!

    • Kay Derochie

      Dear Stephanie,

      Social Security benefits are not increased when a spouse loses work to care for the disabled worker. If you have children under age sixteen and your husband’s earnings are low enough, he could be eligible for young spouse’s benefits because he has a minor child in his care. Currently the earnings limit is $15,720. For every two dollars of gross earnings over the limit, his annual Social Security benefits, if he is eligible, would be reduced by one dollar. If that is not the situation, you might inquire at your local social services office to find out whether there are any services that would provide an in-home caretaker for you so that your husband doesn’t have to miss work. If his earnings are substantially decreased, your family might qualify for SNAP (food stamps).

      Sincerely,
      Kay

  • Crystal

    My name is crystal I get a disability check and a little check from ssi if I was have a baby would my baby get a check to I have never worked I get a check for learning disability and want ever be able to work anything you can tell would help out a lot thanks

    • Kay Derochie

      Dear Crystal,

      The information you provided seems to indicate that you are receiving disabled adult child Social Security benefits on a parent’s earnings record, plus Supplemental Security Income (SSI). SSI and disabled adult child benefits do not provide dependent benefits for the disabled adult child’s children.

      Regarding working, I suggest that you contact Social Security to request a Ticket to Work and vocational rehabilitation services through the Ticket to Work. You might also, ask to have help in developing a Plan for Achieving Self-Support (PASS) for your SSI claim, which would allow you to use your Social Security benefit to help cover costs related to preparing for return to work while receiving unreduced SSI. A PASS is complicated and has specific requirements, so it might be a good idea to have someone help you with it.

      Sincerely,
      Kay

  • Brandon Sr

    I have been receiving SSD since 2009. My son was I was married and my son was born in 2010. A few months after his birth, I filed to start receiving checks for my son as well. I allowed his mom to receive the checks direct deposit into her account because we were in the same household. We are now divorced and we have joint custody but my son attends school in my district therefore stays with me way more than half the time. Can she go to the social security office and change direct deposit information legally with me being the payee? She went and changed it once but we were still legally married so I did not complain but if I switch it now with us being divorced, should I worry of her trying to switch it again and do I have to go through this “tug of war” with her over money my child receive due to me not being able to work?

    • Kay Derochie

      Dear Brandon,

      There is no guarantee that your ex-wife will not again request to be payee. I suggest that you go to Social Security and go on record about the percentage of time your son is with you and request to be payee. You should, however, give her some of the money to cover your son’s food when he is with her. Get a receipt from her for all monies transferred to her.

      Sincerely,
      Kay

      • Alexander

        My wife and I divorced 2 months prior to the ALJ made my onset date of June 2014 for ssdi. We have joint custody of the children I’m in on state she’s in another with the children. When all assets were sold from estate I was required to pay 2 years prospective child support. Can I file to receive payments for my children and use payments to satisfy child support that has already been paid and monthly support thereafter? Children live with their mother. What should or how should I do it?

        • Kay Derochie

          Dear Alexander,

          No, you cannot use your children’s Social Security Dependent benefits to pay child support. The benefits need to be paid directly to their mother because the children live with her. She should file to be their payee. Some people who are awarded Social Security Disability and are responsible for child support have gone back to family court and have requested that their prospective child support payments be reduced because of the Social Security dependent benefits being paid.

          Sincerely,
          Kay

  • Karen Popwell

    My live-in boyfriend is on ssdi. His disabled (down syndrome) 15 year old daughter lives with us over half of the year, but his ex wife draws her check in which we found out is coming from his disability instead of her own disability. She never offers him any money, and rarely spends the money of the child. We purchase most all of the clothes and food for her. Is there anything he can do to have the check come to him instead of his ex? And if we marry, how will that affect his benefits? I work full time. We are 47 and 48 years old.

    • Kay Derochie

      Dear Karen,

      Your boyfriend can apply to be payee for his child’s benefits. When he applies, he should explain that currently the benefits are not being used for the child–at least when the child is with him. If he is made payee, he will need to give his ex-wife money for the child’s food and other needs when she is with her mother or purchase them for her. He should save receipts to prove the use of the money and have his ex-wife sign a receipt for any money given to her for the child’s maintenance.

      If you marry, your earnings will not affect your husband’s Social Security Disability (SSDI).

      Sincerely,
      Kay

  • Becky

    I am 40 years old and disabled, have ben on SSI for 4 years. I am thinking of marrying a friend who will be 62 soon. If he collects ss at age 62 and I am only 41 will I be entitled to any benefits? I do not have any work credits of my own. I know that normally I would not be old enough for spousal benefits but since I am disabled are there any options?

    • Kay Derochie

      Dear Becky,

      You are not eligible for dependents benefits at your age unless you have a child under age sixteen of the insured worker in your care. Your spouse’s income, whether work or Social Security will be considered in determining whether you are still eligible for SSI after marriage. His assets will also be considered. I suggest that you provide information about your prospective husband’s income and assets to Social Security and ask them to calculate the potential impact on your eligibility.

      Sincerely,
      Kay

  • Takara Carthen

    Hey my name is takara and I’m a disabled adult child in which I receive disability from my father because I was disabled before age 22 … My father has worked for 26 years and he was receiving disability before he past away he was married after I was born to my step mom and currently she is retired and also receiving disability under my father…my question is since I’m disabled under my father already is there any chance that I may be entitled to benefits under my step mother’s social security also ???

    • Kay Derochie

      Dear Takara,

      The situation you describe is a bit unusual. I will give you some general information, but you will have to check with the Social Security Administration (SSA) to know for sure whether you can draw from your stepmother’s account.

      First of all, for anyone to receive dependent benefits from your stepmother’s earnings record, she has to be insured for benefits on her own account and she may have to also be drawing benefits from on her own record, not just on your father’s. Next she has to have been providing more than half of your financial support at the time she became disabled or retired. In addition to these general considerations, I do not know how the fact that she was not your stepmother when you were under age twenty-two factors in. If your biological mother is deceased or receiving benefits on her own record, you might be able to get benefits from her record.

      Sincerely,
      Kay

  • I have a question. I was told that since I am 62 and eligible for benefits with a minor child still at home I could receive additional benefits. Is this correct? How does it work?

    • Kay Derochie

      Dear Sandy,

      If you start to receive reduced Social Security Retirement benefits at age sixty-two, you can also apply for benefits for your minor child. If your maximum family benefit is high enough to allow for dependent benefits, your child will receive benefits also.

      Sincerely,
      Kay

  • Elvin

    SSA will not allow me to apply for spouse and stepchild benefits.

    I got married (to a foriegn national, now present in the US legally) after the date Social Security determined my disability began.

    I have been married for more than one year but the SSA agent told us that we can not apply for spouse or childrens benefits until my wife and stepkids have been in the US for more than 12 months.

    Is this correct?

    • Kay Derochie

      Dear Elvin,

      The information I found on this indicates that the wait period is five years of marriage and five years of residency. The information was posted to Social Security’s website in 2012 at https://secure.ssa.gov/poms.nsf/lnx/0302610030. It is possible that the law has changed since then.

      Sincerely,
      Kay

  • Mary

    Hi, I have a question about my benefits. My father became disabled when I was 15 and I started receiving benefits through him. I have suffered from major depression since I was a teenager, so my mother helped me keep getting benefits after I turned 18 by providing proof that I was disabled. I am now 27 and continue to receive benefits. My father is still alive but is permanently disabled.

    Seeing as I was a teenager when my benefits began (and my mother has always handled all the paperwork) I’m not sure if I’m currently getting benefits through myself or my father. When I access my case on the SSA website, it shows that I receive Social Security retirement benefits. I am confused by this. I also got married last year and notified the SSA, and expected my benefits to change or stop, but nothing happened. My question is, how am I receiving retirement benefits at age 27?

    Thank you for your time!

    • Kay Derochie

      Dear Mary,

      You do not say how old your father is; however, if he has reached full retirement age, his disability benefits would have been changed to retirement benefits and you would be receiving dependent benefits from your father’s retirement. If your mother is now also receiving benefits on her own earnings record, you could be receiving benefits from both parents records.

      Your marriage should have made your benefits stop unless you married you husband was also receiving disabled adult child benefits. I recommend that you go to Social Security and say that you reported your marriage and have never gotten a notice that your report was processed. Ask whether you are supposed to still be getting benefits. If the benefits should have stopped, you are being overpaid and the overpayment is getting bigger with each payment you accept.

      Sincerely,
      Kay

  • Sheri

    I am about to apply for compassionate SSDI. I’ve been diagnosed with Stage 4 BC with mets to bones. My Disability should be $1995 a month. What can I expect for my 9 year old son? My husband, 53 and is full time government employee. My family maximum is $3523. Will my husband receive benefits too? Will we receive the family maximum? I don’t understand the “caring for child.” We both care for my son at this time. We have been married 11 years.

    • Kay Derochie

      Dear Sheri,

      Your son will receive $997. The spouse of a disabled worker who is getting SSDI can receive benefits for having the worker’s child under age sixteen in his or her care. If the parent and child are in the same household, the child is considered in the non-disabled parent’s care. This is true even though the disabled parent may also provide care. In your family’s case, it is very likely that your husband’s earnings are too high for him to receive benefits. Earnings above approximately $35,000 would make him ineligible. If he is eligible, he and your son would each receive about $764.

      Sincerely,
      Kay

      • Jessica

        My son is disable and I have his father on child support he said that there taking money from him from his social security but I only receive 41 from child support and me and my son gets two different checks one for about 100 and another for 627 each does any of those affect his fathers check

        • Kay Derochie

          Dear Jessica,

          Please clarify a couple things so I can try to respond. Who or what agency is paying each of the checks–the one for $100 and the one for $627? Are these payments both for your son? Is the $41 coming from a child support collection agency? How much money is being withheld from the child’s father’s check for support? Is it for current support or past-due support?

          Thanks,
          Kay

  • Robin

    My son in-law was just approved for disability not sure of exact details other than I know he just recieved a very large back payment check and that i know portions of monthy checks are suppossed to be for the children. They have 3 children and have been married ten years. My daughter has been sole supporter of the family on a 28,000 income. They have decided to divorce. He is refusing to give her a fair share of the money and is also looking to leave the state. Does she have any rights to the money that he conveniently put into an account in only his name?

    • Kay Derochie

      Dear Robin,

      The money paid to your son-in-law for his disability belongs to him as far as the Social Security Administration is concerned. If your daughter wants to try to claim some of the back pay, she would likely have to have it awarded to her in a divorce decree.

      The money paid for the children is a different matter. If the children are to remain with her, she should apply to be their representative payee right away so that their back pay and ongoing benefits can be paid to her. When she files the application in a local Social Security office, she should say and put on the application that she wants the back pay paid to her because the children’s father will not have custody of the children and that he is planning to move to a different state.

      Sincerely,
      Kay

      • Robin

        Thanks Kaye for answering my last question. I have a new one…. I just found out that he has already filed for the children’s benefits and recieved a check of back pay and will receive a monthly check for them he has also set up that money to go into his account is ther anything my daughter can do to get that money the kids are residing with her not him. When my daughter confronted him about he said he will give what he thinks she needs that there isn’t anything she can do about it.

        • Kay Derochie

          Dear Robin,

          Your daughter needs to go to Social Security with some proof that the children live with her–school records with resident address or rental agreement showing who lives in the household–and apply to be the children’s payee for future benefits.

          She can also request that Social Security take action to try to get the children’s back refunded to the agency so it can be reissued to her, but if that happens it will take a long time.

          Sincerely,
          Kay

  • Tracey F.

    Hello,
    I have a question and not sure who to ask, I have won my disability case, and I received my back amount and will receive my first monthly payment this week. I am receiving SSDI and not SSI. I have worked up until about 3 years ago. I have children under 18. What I understood is I would get an amount for my children also until they were 18 since there would be a family maximum amount, because i did not get the full Family maximum amount. Will this come in another letter to me for my children or will I have to contact social security for this. I thought this would automatically be set up because when I applied my children were on the paperwork? Any information would help

    • Kay Derochie

      Dear Tracey,

      If your children live with you, I suggest that you contact your local office and apply to be payee for your children. You may have to provide their birth certificates to prove relationship. If the children live with another adult, that adult should file to be their payee.

      Sincerely,
      Kay

      • Angel

        Hi, I am a young wife whose husband is retired and living with Parkinson. I have been out of work for three years now because I have to take care of him full time. Im 31 and he is 68. Am I entitled to a spousal support? We cannot afford to hire a caregiver. Thanks.
        We are living bare minimum.

        Desperate

        • Kay Derochie

          Dear Angel,

          Unless you have a child under age sixteen in your care, who is your husband’s child or stepchild, you are not eligible for benefits. I suggest that you contact your state or country social services to find out whether your state has a program that pays a stipend or small wage to a care giver who is taking care of a severely disabled relative. If you haven’t applied for SNAP (formerly called food stamps), you might do so.

          Sincerely,
          Kay

  • Sherry

    Hi
    I have been married to a man who collects ss.
    My child got a check for awhile until 19. Then it stopped. My question is this I never recieved a check? My older sons didnt qualify due to age.
    But, my husband gets close to 2000. A month
    We have separated. Not divorced. Is there any way i could recieve some money or qualify anything? Im 54

    • Kay Derochie

      Dear Sherry,

      If you are still married when you turn age sixty-two, you could receive a reduced wife’s benefit or at full retirement age, a full spouse’s benefit. If you are divorced by then but were married ten years before the divorce, you could receive divorced spouse’s benefits. If your husband dies before you, at age sixty you can claim reduced widow’s benefit. If you become disabled before age sixty, you may be able to receive disabled widow’s benefits.

      Sincerely,
      Kay

  • Hi, i have a question my daughter receives ssi for 733 a month. And i had applied for ssi, if i get approved for ssi will i receive the same amount as my daughter? our household amount is 1,200 tca and ssi

    • Kay Derochie

      Dear Dionne,

      Please tell me what TCA stands for so I can respond.

      Thank you,
      Kay

  • Jerry Mcree

    Hey there. My wife has been unable to work for…well…the entirety of our marriage. If she were to apply for disability, would my income (which us all we’ve been living on the entire time) be counted against her for getting her own benefits? We’re looking at a probable divorce, but I want to try and figure out what will get her the most so she can not feel like she’s shackled to me.
    Thanks.

    • Kay Derochie

      Dear Jerry,

      If you and your wife live together, your income will be considered in calculating your wife’s Supplemental Security Income (SSI) disability benefits. If you separate, even if you do not divorce, your income will not be considered. You can use the formula of the sample calculation in the article “What Are Deemed Income and Resources and How Do They Affect SSI payment Amounts and Qualifying for SSI Disability?” under the SSI tab on the navigation bar of this website to get an idea of whether she would be eligible and if so for how much. If she is insured for Social Security Disability (SSDI), your earnings have no bearing on her eligibility.

      Sincerely,
      Kay

  • Alvon

    Ok, so my dad recieves a little over $1516 a month ssd, my mother has recently had 2 strokes and requires extensive therapy, mom was receiving ssi and medicaide from the state of missouri 5 years ago but once dad was approved for ssd they stopped her benefits and made her repay the ssi benefits by taking them from my dads backpay check, Is that legal? Next question is they applied for medicaide for my mom recently and they are saying she has to spend down $376 a month to be eligible. Can the state of missouri use my dads ssd benefits to justify income

    • Kay Derochie

      Dear Alvon,

      I do not know Missouri law or Medicaid law; however, it is usually the case that a spouse’s income is countable for assistance programs if the spouse lives in the same household.

      Sincerely,
      Kay

  • DENISE

    I AM GETTING SSI 79 A MONTH HUSBAND RECEIVES 1100 A MONTH WE HAVE BEEN MARRIED FOR 34 YEAR BUTT WE ARE FIXING TI DIVORCE AND I AM DISABLE TO BUT I NEVER WORK I WAS A STAY AT HOME MOM CAN I RECIEVE MORE MONEY FROM SSI OR DOES IT EFFECT MY HUSBAND CHECK PLEASE HELP ME TKS

    • Kay Derochie

      Dear Denise,

      If you are getting SSI (Supplemental Security Income) because you are disabled, your SSI will be recalculated once you and your husband are no longer living in the same household, even if the divorce is not final. If you are actually getting Social Security dependent benefits, that benefit will not change, but you can apply for SSI as a disabled person to obtain more income. It usually takes two to five months for the disability review for an SSI claim. (If you are age sixty-five or older, you can get SSI based on age and won’t need a disability review.)

      Sincerely,
      Kay

    • Muna Walker

      My husband receives SSD and spitefully never applied my daughter to his benifit. She is now 19 years old and in college. Is it away I can get any back payments for her.

      • Kay Derochie

        Dear Muna,

        Your daughter can apply for benefits; however, benefits for dependents who were not listed on the original application are usually limited to six months prior to the month of application. This means that if your daughter applies this month, to be eligible, it is likely that she would have to have been under age eighteen or still in high school March 1, 2015. Even if that is not the case, I suggest that she file the application and present her birth certificate just in case there is some special exception that could apply to her. She should also put on her application that she just found out that she might have been eligible for benefits.

        Sincerely,
        Kay

  • Debra

    I have a question. I have been receiving benefits for most of my life. I’m on SSI, and I’m currently 22 weeks pregnant, single, living on my own. Will my child receive a check when he/she is born? Will I have to apply for my child to receive benefits, or will they automatically receive them? I’m just curious. Thank you.

    • Kay Derochie

      Dear Debra,

      If you are receiving SSI (Supplemental Security Income), your child will not receive dependent benefits because SSI pays only the disabled individual. If you are receiving Social Security Disability and your work earnings prior to becoming disabled were high enough, your child will be eligible for benefits. You must file an application and provide a birth certificate to claim the benefits.

      Sincerely,
      Kay

      • myron

        Can a stepfather make to much money for his stepchildren to draw a ssdi check off of there biological father

        • Kay Derochie

          Dear Myron,

          A stepfather’s income does not affect dependent Social Security benefits.

          Sincerely,
          Kay

  • Ann

    Me and my husband are currently separated, but we are legally married. He applied for SSDI. We have a son, 5 years old. Am I eligible to receive the family benefits? And does it matter how much my income is? Also, if I am, how do I receive it? Since we don’t live together, thank you so much.

    • Kay Derochie

      Dear Ann,

      If your husband is approved for Social Security benefits, go to a Social Security office with his Social Security number and your child’s birth certificate and apply to be payee for your son’s benefits, which will be payable if your husband’s earnings have been high enough to provide dependent benefits.

      You can apply for young wife’s benefits based on having a child under age sixteen in your care; however, your work earnings do have a bearing on whether benefits are payable. You can earn $15,720 gross per year. If you earn over that amount, your total annual Social Security benefits will be reduced one dollar for each two dollars you earn over $15,720.

      Sincerely,
      Kay

      • Ann

        Great, thanks.
        I think that on the application he did put our names. But I want to be the payee to make sure I will receive it. So, I guess I need to wait and see what happens. If he just applied within the last month, how long do you think it shall take?

        • Kay Derochie

          Dear Ann,

          Most claims take two to five months for a medical decision.

          Sincerely,
          Kay

  • Valarie

    I started receiving SSDI around February of 2014. I had applied twice before finally getting it. I have several questions. First I haven’t received a lump sum of any backpay, am I eligible. Secondly, I am in a same sex relationship and we got married in February of this year. Is my wife eligible for spouse benefits? I now have a 20 year old stepson who attend community college to get his GED and a 15 year old stepdaughte. My wife and I lived together at the time of my disability and I provided 50 percent of their care. Are they eligible to receive benefits of my claim? I receive a little over 1200 a month.

    • Kay Derochie

      Dear Valarie,

      If you tell me the date you applied for benefits initially, the date your monthly benefits started, and the date Social Security established as your disability onset date, I can give you an idea of whether you are eligible for back pay.

      Either your wife has to be age sixty-two or older or your fifteen-year-old stepdaughter has to be eligible for benefits for your wife to be eligible. Also, her work earnings would have to be low enough. Currently, earnings above $15,720 annually cause a one-dollar reduction in annual benefits for each two dollars over that amount.

      The fifty-percent support rule for stepchildren to receive benefits has to be met at one of certain points in time, which are usually related to the onset of disability or application for benefits. I suggest that you try applying for your stepdaughter (your stepson is too old to qualify) to get a formal decision. Note that your situation has another element to it in that your stepdaughter was not your stepdaughter at the time you became disabled or applied for benefits.

      Sincerely,
      Kay

  • Gina Mary

    Hi, I have been on disability for several years, my daughter will be 18 soon and she is not sure if she is going to college. If she does not, do those benefits that were allocated for her get added into my monthly payments since I am the one disabled?

    • Kay Derochie

      Dear Gina Mary,

      Your benefit will not increase when your daughter’s benefit ends because dependent benefits are paid in addition to, not out of, the wage earner’s benefits. She can paid up to age nineteen if she is still in high school.

      Sincerely,
      Kay

  • Antonio

    Hey I was wondering if I receive ssdi and I have stepkids can my stepkids get a check every month also

  • amanda

    i have a question. my husbands draws social security due to his diabetes. we have been married for almost 2 years and have a 1 yr old and a 2 month old together. can we or our kids draw a check off of him as well? he receives 733.00 mnthly

    • Kay Derochie

      Dear Amanda,

      $733 a month is the maximum Supplemental Security Income (SSI) payment, so your husband may be receiving SSI, not Social Security. If he is receiving SSI, no dependent benefits are payable. If he is really receiving Social Security, it is likely that his benefit is too low to pay dependent benefits, but you can inquire. Also, if he is getting $733 Social Security, he, himself, might be eligible for $20 SSI.

      Sincerely,
      Kay

  • Kirstin

    Hi,

    I have a question. My daughter’s father had his leg (below knee) amputated last year due to diabetes & not taking care of himself. He did apply for SSI ( applied in March because he had to quit his job but stated that he hasnt heard anything yet.) Last week, he had to have another surgery on his other leg because it was infected really bad & now they had to amputate that one as well. I have been told that I could just go to SSI office & apply for her even tho it was pending. But then ive been told that her father would have to add her name to his paperwork when he first applied. (i would think he did but i dont know if he added her or not) I havent spoke to her father or stepmother since March to ask if he has received anything or not.

    Also, he does have a child support order for my daughter and hasnt paid anything since he quit working back in March. If he was to get SSI, would they take her child support payment from his SSI or would i get a check off of his disability if approved? Im thinking about dropping the child support due to this going on but im not too sure what to do really.

    • Kay Derochie

      Dear Kristin,

      If your daughter’s father is approved for Social Security Disability (SSDI), dependent benefits will be payable unless he has a very low primary benefit. If you have his Social Security number, you can apply for benefits for your daughter whether or not he put her on his application. Take you daughter’s birth certificate and support order when you apply. (The first month he would be eligible for benefits would be September, so your daughter will not lose benefits even if he didn’t list her on the application.) If he has not yet gotten a decision on his claim, you will be told to apply after an approval decision has been rendered. If there is past-due child support that has been court ordered, it will be withheld from his SSDI benefits. Note that if he is approved only for Supplemental Security Income (SSI), no dependent benefits will be payable because the SSI program provides only for the disabled person; and no child support will be collected from SSI benefits.

      Sincerely,
      Kay

  • kasey

    Yes I draw disability and I question is can I sign my 2 month old daughter draw off of mine I get 713 a month .. shes my 3th children I dont have custody of the other 2 .. im married but ive been separated 5 years no longer with him .. so can my daughter draw off my check ?

    • Kay Derochie

      Dear Kasey,

      Your benefit might be high enough to provide a small benefit for your dependents, which would be split among your three children. You can call the Social Security Administration at 1-800-772-1213 and ask the amount of your family maximum. If the family maximum is more than your benefit before reduction for Medicare premiums, the difference between the two will be split among the three children. For example, if your gross benefit is $713 and your family maximum is $913, then $200 would be split among the three children.

      Sincerely,
      Kay

  • Marilyn

    My husband suffered 2 heart attacks last year of 2014 and I had to leave my job to take care of him he will start receiving his first ssd check this year as his spouse can I recieve a check based on his ssd income

    • Kay Derochie

      Dear Marilyn,

      You can receive wife’s benefits if you are at least sixty-two years old. To receive wife’s benefits at a younger age, you have to have a child (or in certain cases a stepchild) of your husband who under age sixteen in your care. If your husband is severely disabled in activities of daily living, you might contact your state social services office to see whether you are eligible for some stipend or pay as a relative caretaker.

      Sincerely,
      Kay

  • Anissa

    My daughter is supposed to receive benefits from her father who is disabled I called social security to follow up and they made a appointment for me to come in and file a claim for her will she be receiving back pay aswell her father just recently got approved so am assuming that’s why I got called in

    • Kay Derochie

      Dear Anissa,

      If your daughter’s father listed your daughter on his application, she will receive benefits for all months he does, including back months.

      Sincerely,
      Kay

  • Nicci

    Hi there, am hoping to find answers to a couple questions on behalf of myself, and a friend also. Firstly, for me and my partner: We plan to get married, she receives 2 payments a month: SSI of like $11 on the first, then her Disability on the 3rd. Our main concern in getting married is not that the money will go down, but that she might lose her Medicaid insurance because her medications are over $3,000 each month and there’s no way we can afford that. What effect might our getting married have on her insurance, if any?

    Second Question, another friend of ours is planning to get married also, and wonders if her spouse will qualify for any benefits at all, but mostly wonders if her spouse will be able to get medical insurance once they get married? Thank you!!

    • Kay Derochie

      Dear Nicci,

      I do not have enough information to answer your question about yourself and your partner with any accuracy. I can say that if your partner is getting only $11.00 SSI, your income might make her ineligible for the SSI payment and the associated Medicaid. To estimate the impact of your income on her SSI, you can use the formula of the example calculation in the article “Why Do I Have to Give Information about My Family’s Income and Assets When I Apply for SSI Benefits?” under the “SSI” tab on the navigation bar of this website . You can also contact the state to see whether your combined income would her to continue to be eligible for Medicaid without SSI eligibility. You could also look at insurance options under the Affordable Care Act (Obamacare) at http://www.ssa.gov.

      As far as your friend goes, her spouse would be eligible as any spouse would be for insurance or other spouse benefits that are offered through employers or benefit programs.

      Sincerely,
      Kay

  • Jai

    I have been receiving SSDI for several years. My 2 children also receive money under my file # (since they are minors). My husband just recently retired and now receives SS-hence my children now get extra money every month off of his file. I just recently received a form to fill out about my health conditions (surgeries etc). I then get a letter from SS that my children’s benefits are increasing (by almost 2X)…(under my file #) with a pretty substantial back pay. My SSDI has not increased. Why would theirs? I thought there was a family maximum.

    • Kay Derochie

      Dear Jai,

      The payment was likely made under your number because your children were paid first on your record. I would expect the increase to be due to the combined family maximum. This one payment may include an adjustment for past months and may be bigger than the children’s regular monthly benefits. You should get a letter within about a week to ten days that explains the payment. If you do not, contact Social Security for an explanation.

      Sincerely,
      Kay

      • Jai

        Thank you Kay,

        I did receive the letter which indicated they would both (kids) be receiving 5k+ (I already rec’d the $) which is the back pay until June…but they didn’t say from what date. In addition to that, their monthly went up from $516 to $1003 each. ????? confusing. I also read somewhere that spouses are entitled to disability payments. Is that true? If so, I’m wondering why my husband never received anything.

        Thank you for your responses 🙂

        • Kay Derochie

          Dear Jai,

          The children’s benefit likely went up because of the combined family maximum. Spouses can receive benefits if they are caring for the worker’s children under age sixteen; however, the family maximum would be split among the children and the spouse so there might not have been any increase if your husband had applied.

          Sincerely,
          Kay

      • Nyree Hickman

        My husband just got accepted for ssd a injury from work how do i go about getting benefits for my daughter

        • Kay Derochie

          Dear Nyree,

          Your daughter’s application will be processed after your husband’s has been processed for payment. You can now go to your local Social Security office and apply to be her payee. If they were not given at the time your husband applied, you will need to supply your daughter’s birth certificate and Social Security number.

          Sincerely,
          Kay

  • Violet Macon

    Hello I went to a appt today for my daughter her father receives disability I was told that it couldn’t be process until his third child mother files.how do they go about this?What if she never files. Does this affect my child’s approval.please help who can I talk to my child shouldn’t have to suffer because we don’t know nothing about her wherabout and when she’s going to file.

    • Kay Derochie

      Dear Violet,

      From what you have written, I do not know whether only you do not know the other mother’s whereabouts or your daughter’s father doesn’t know. It may be that Social Security already has contact information for her. In any event, I suggest that if your children have not been paid within two months, that you go to Social Security to inquire whether the other child’s application has been filed. If it has not, ask that your children be paid at least the amount they would get after the third child becomes entitled. (Note: I don’t know whether computer programming that governs payment amounts will allow that, but it might be worth a try.)

      Sincerely,
      Kay

      • Robert

        I just got approved for disability benefits. We just discovered that my children will also receive benefits so we went to ss office and I am set up as payee. This of course includes a sizable back pay. My working spouse now wants to change it so she will be the payee. Can she just change it? she is now tired of me and wants me to make other plans. What determines which spouse becomes payee? And who can change this? Thanks.

        • Kay Derochie

          Dear Robert,

          Anyone can file a payee application; the Social Security Administration decides who is most qualified to be payee. In the case of two parents applying, typically the custodial parent receives the children’s benefits unless there is a reason for that parent not to be the payee, such as addiction or history of a felony.

          Sincerely,
          Kay

          • Robert

            Thanks for your quick reply Kay. In our case we are still married so there is no custody issue. In this case if both parents apply how do they decide who the payee is? Thanks again.

            • Kay Derochie

              Dear Robert,

              There is no set rule, but often the non-disabled person will be chosen payee because there is an assumption that the non-disabled individual is in a better position to make purchases, etc. to take care of the child’s needs.

              Sincerely,
              Kay

  • Angela

    Hi. I am currently receiving Social Security Disability and my 16 year old receives benefits from my record. I am wondering if I get married will my benefits or my daughter’s be taken away or lowered? My fiance is not on disability, he has a full time job, but he isn’t her biological father. Thanks.

    • Kay Derochie

      Dear Angela,

      Your and your daughter’s Social Security Disability (SSDI) will not be affected by your marriage or your husband’s income.

      Sincerely,
      Kay

  • Danielle Faucett

    I currently live with my fiancé in Georgia. He is on SSI.I contacted SSI, and from what I understand since we live together I can only work so many hours without affecting his SSI. If we get married this year, will his benefits go up as his income is our primary income. How many hours or how much can I earn without effecting it?

    • Kay Derochie

      Dear Danielle,

      If you are not married and are not registered domestic partners, your income should not affect your fiance’s Supplemental Security Income (SSI). His SSI will not go up when you marry. If you marry your income will be considered in determining his benefit amount. (SSI can be paid in any amount from $1 to $733 depending on family income. How much you can earn (not how many hours you can work) depends on whether you have minor children in the household or not. You can use the formula in the article “What Are Deemed Income and Resources and How Do They Affect SSI Payment Amounts and Qualifying for SSI Disability?” under the SSI tab on this website to do estimate calculations.

      Sincerely,
      Kay

      • Cassandre

        Hi my daughter is 23 and receives ssi. She has a 3 year old daughter I take care of what kind of help is there for my granddaughter and is she eligible for ssi as well. We live in West Virginia. Can you please email me at bennyjeanine@gmail.com. Thank you so much!!!!

        • Kay Derochie

          Dear Cassandre,

          Supplemental Security Income (SSI) does not pay dependent benefits. I suggest that you contact your state’s social services department to find out whether you can be certified as a relative foster care provider and receive money for your granddaughter’s support or whether your granddaughter is eligible for some kind of public assistance.

          Sincerely,
          Kay

      • Angie

        My daughters receive dependent benefits for their father who is on SSDI. I am not with their father I have remarried. My current husband and I have health insurance under his policy but it won’t cover my daughters since they aren’t his biological children. Do my daughters also qualify for free or low cost health insurance since their real father is on SSDI and cannot provide insurance?

        • Kay Derochie

          Dear Angie,

          Your children may qualify for health insurance through CHIP, a federal insurance program for children or perhaps your state has a children’s health program. Neither insurance opportunity would be related to your daughters’ father’s Social Security. You can learn more about CHIP at http://www.healthcare.gov.

          Sincerely,
          Kay

          Sincerely,
          Kay

  • Veronica Aguayo

    my husband recently got approved for Disability benefits, I read that stepchildren are entitled to benefits as well, my daughter is 12 and the question I have is if she does apply for benefits will that hurt her down the road with anything, and will my income be considered in order for her to get approved?
    Thank you

    • Kay Derochie

      Dear Veronica,

      Your daughter can be approved for dependents benefits on your husband’s earnings record if she was financially dependent on him for at least 50% of her support at the time he became disabled or at a one of a couple other points in time related to his claim.

      Because she is a minor, you or your husband has to file the application for her. Part of the application will be collection of information that Social Security needs to determine whether she was dependent stepchild of your husband. Your income is not considered in determining her eligibility; however, you may be asked about your income related to the determination of whether she was financially dependent on your husband.

      There are no negative consequences to her receiving Social Security dependents benefits. I recommend that an application be filed.

      Sincerely,
      Kay

    • Allen

      Hi Kay,

      My stepson is severely disabled from birth and is collecting SSI (I believe based on his bio father income, my wife ex) he is currently age 25. I am age 56 currently waiting on a hearing with an ALJ for SSDI. Is my wife who has rarely worked due to my stepsons disability eligible for any benefits?

      Thanks Allen

      • Kay Derochie

        Dear Allen,

        To answer your question, I need more information. Please double check and let me know 1) whether your stepson is receiving Supplemental Security Income (SSI) or disabled adult child Social Security benefits or both; 2) whether your stepson’s father receives Social Security benefits; 3) how long your wife was married to the father of your stepson; 4) was your stepson under age twenty-two and were you contributing to his support when you became disabled or when you filed your claim; 5) your wife’s age and if she is under age sixty-two, wether her disabled son in her care?

        Thank you,
        Kay

        • Allen

          Hi Kay,

          My stepson (dob 1-1-89) is receiving SSI since birth. His Bio Father is not receiving any social security. My wife was married to the bio father for 20 years. My wife and I contributed more than half his support since March 2008. My wife dob 8-18-71. My stepson has been in my wife care since birth and both of us since March 2008.

          Thanks Kay:)

          Allen

          • Kay Derochie

            Dear Allen,

            If you (not you and your wife) were providing at least half of your stepson’s support when you became disabled, you stepson could be eligible for disabled adult child benefits on your earnings record and your wife could be eligible for young wife’s benefits because she has a disabled adult child in her care. Because he receives SSI, he is required to apply for the benefits on your account to see if he is eligible.

            (I would have thought that with his receiving SSI, you would not have been providing half of his support; however, you do not say how much SSI your son has been receiving or whether it has been reduced for the support that you have given him or whether the support has taken the form of direct purchase of things other than shelter and food and thus had no impact on the SSI.)

            Sincerely,
            Kay

  • Marie

    Hi,

    Asking a question for my dad. He is 62 and has been on disability since the age of 55. My mom is 62 as well and he is wondering if she can draw his SS benefits. He’s not sure the amount his would be but he thinks it would be more than hers which would be $550 a month right now. Any thoughts?

    Thanks so much!

    • Kay Derochie

      Dear Marie,

      If your mother’s reduced wife’s benefit is more than her own reduced retirement, she will be paid first off her own record and then will be paid an amount off your father’s record equal to the difference between a wife’s benefit and her own. For example, if her benefit is $550 and her wife’s benefit is $650, she would be paid $550 off her own account and $100 of her husband’s.

      Sincerely,
      Kay

      • Marie

        Thank you! Just to clarify, she will be able to get his SS benefits (if the total is over what she would get) even though he gets Disability benefits?

        Thanks again

        • Kay Derochie

          Dear Marie,

          Yes, dependent benefits are paid in addition to the primary wage earner’s benefits.

          Sincerely,
          Kay

  • Catina

    Hi! My husband receives disability and our children also get half of his earning. My question is If I am approved for disability will my children get half of my income too? I guess what I am asking is can the children draw from both disabled parents?

    • Kay Derochie

      Dear Catina,

      If you are approved for Social Security Disability (SSDI) and your maximum family benefit is greater than your own benefit, your children’s benefit rate may be adjusted upward under a combined maximum family benefit that is based on both your and the children’s father’s earnings records.

      Sincerely,
      Kay

      • shelby

        Hi
        I was wondering if my husband is receiving SSDI and our children are also getting paid because he receives benefits , am I as his spouse and the caretaker of his youngest 3 yr old child eligible also? The reason I’m asking is because when he called to make the appointment for the children he didn’t include me he said I had to do something else cevajse I’ve applied for myself in the last. Is this true? We live in California?

        • Kay Derochie

          Dear Shelby,

          Given that you are an adult, you do need file the application yourself. Take your birth certificate, Social Security number, and marriage certificate with you. If you have a previous divorce, also take the divorce papers. You can have work earnings of $15,480 per year. If you earn more than that, your annual benefits will be reduced by one dollar for each two dollars above $15,480.

          Sincerely,
          Kay

  • Terry

    Hi I was just approved for SSDI & my husband has been on SSI.

    How does this effect our income?

    I’m stressing out, because I’m only getting about 490 a month after the 104 for Medicare.

    He gets Medicaid & I’m stressed because my income alone won’t even pay for housing our rent is 625 a month.

    Not including lights, gas for our vehicle, insurance on the vehicle or any personal hygiene products.

    Also I have been informed that my check will be the 4th Wednesday of the month.

    How does that work?

    Please help me figure this out.

    Thanks

    • Kay Derochie

      Dear Terry,

      The maximum SSI for a disabled couple is $1,100. $574 of your $594 Social Security will reduce the amount of SSI payable to you as a couple to $526 with $263 paid to each of you. You will likely become eligible for Medicaid and Medicaid will pay your Medicare premium.

      Sincerely,
      Kay

  • Alyse

    Hi,

    I applied for SSDI in April 2013 after my accident. I was approved for SSDI on April 30, 2015 after ALJ hearing. I received back pay benefits that began six months after my injury– the money was deposited into my bank account on May 4th.

    Is my son eligible for the benefits as my dependent. My son turned 18 August 2014, and he now lives in France.

    Can I apply for dependent benefit on his behalf? My son is a US citizen. He was born in the US.

    Thank you very much in advance for your reply.

    Alyse

    PS: Court granted me with full custody of my son in 2004.

    • Kay Derochie

      Dear Alyse,

      If your earnings were high enough for your maximum family benefit to be more than your own benefit, benefits will be payable to your son for the period before he turned eighteen. If he was still in high school after he turned eighteen, he could be eligible for benefits until he graduates or till age nineteen, whichever comes first.

      You may have to submit a birth certificate to prove citizenship given that he is living abroad. Payments can be made to beneficiaries living in France. You need to notify Social Security of your son’s current address so that they can send his benefits to him. (Benefits are paid directly to dependents who of age at the time benefits are first paid out.)

      Sincerely,
      Kay

    • Wheels

      Similar question. I am a paraplegic since i was 11yo. I was able to work on and off but have declined to the point of not being able to after 25years of paralysis. I got married 5 years ago. I receive disability. Is my stepson eligible to receive assistance even though i was disabled prior to marriage. I have read conflicting information. Thank you in advance for any info

      • Kay Derochie

        Dear Wheels,

        Your stepson is not eligible for Social Security dependent benefits on your earnings record unless he was receiving at least half of his support from you at one of three points in time related to your established disability onset date or certain dates surrounding the date of your claim. You can read more about this at http://www.socialsecurity.gov/OP_Home/handbook/handbook.03/handbook-0337.html. If you are unsure about your stepchild’s eligibility after reviewing the information, you can always file a formal claim for the child to get a formal decision.

        Sincerely,
        Kay

  • qetasha@gmail.com

    My son is not my “biological” son he is my great nephew that was court placed with me 11 years ago after his mother had a drug problem. He is now 16. My question is I recently became disabled and won my court case in December. I listed him as a dependent but now I don’t think they will let me claim him in a family benefit category even though I fully support him and have claimed him as a dependent on my IRS and insurance for 11 years now. I never legally adopted him because he has a mom somewhere in the world we just don’t know where and I always had all the legal documents saying I was his legal guardian according to the court system. I suppose I could go through process of adopting him now but I’m not sure I would live long enough and I don’t know if he would get my benefits if I passed away In the middle of it. In our case does he qualify for family benefits.

    • Kay Derochie

      Dear Qetasha,

      Your nephew will be eligible only if you adopt him. If the adoption is complete while you are living, he would receive survivor benefits on your account to age eighteen or, if he is still in high school, to age nineteen.

      Sincerely,
      Kay

      • marie

        My husband lives in Texas and I’m in Tennessee we’ve been married since 1992 and now he’s disabled can I receive any benefits

        • Kay Derochie

          Dear Marie,

          If your husband has been approved for Social Security Disability (SSDI), not Supplemental Security Income (SSI) and his Family Maximum Benefit is more than his own Primary Insurance Benefit and you are either age sixty-two or have a child of his under age sixteen in your care, and you are not working and earning too much, you could be eligible for benefits. You will need his Social Security number and your marriage certificate to apply.

          Sincerely,
          Kay

          Sin

  • shawn

    My husband began receiving disability benefits 5 years ago. He doesn’t receive benefits for me, not my son(his stepson) only for the two children we have together. Could he have placed both myself and my son on his benefits because my son is 17 and 3 yrs ago was diagnosed with type 1 diabetes and I haven’t worked since my husband was diagnosed with ms 3 years ago. It’s hard to go to work with them both being ill because I’d be leaving all the time. Can he put myself and my son on his disability to receive benefits? He said he was told we couldn’t be on his.

    • Kay Derochie

      Dear Shawn,

      If your husband was providing more than fifty percent of your son’s (his stepson’s) support when he became disabled or at a couple other points in time, your son could be eligible for benefits. You would need to file a claim for him to find out.

      If at least one of the two children you have together is under age sixteen or you are at least age sixty-two, you can apply for wife’s benefits for yourself. The total amount paid to the family might not increase if the maximum family benefit is already being paid; however, being entitled on your husband’s record might protect you in the future if you have to apply for disabled widow’s benefits.

      Sincerely,
      Kay

  • Jeffrey

    I am curious about combine family maximum.. I already received SSDI and my child is under my name for benefits. What about my wife? Can she just be under my benefits? Will it be reduce benefits that I received? Is it spilt benefits to my wife and my child? Can you give me example of combine family maximum? how does it work?

    Thank you

    • Kay Derochie

      Dear Jeffrey,

      If your child is under age sixteen or your wife is age sixty-two or older and she is not earning too much money working, she may be eligible for benefits on your account. If both your wife and your child become entitled, each would each receive the lesser of an amount equal to half of your benefit or half of the difference between your benefit and the family maximum. (You can call the Social Security Administration at 1-800-772-1213 and ask the amount of your family maximum benefit and the amount of your gross benefit before deductions.)

      A combined family maximum comes into play when two workers are receiving Social Security benefits and they have one or more children. The family maximums are then combined (not added together) so that the children receive more than they would on only one parent’s record.

      Sincerely,
      Kay

  • Kimberly

    I just had my hearing with the ALJ yesterday morning and I think it turned out very good. I will be 50 in a few months, it was determined that I could not return to my previous highly skilled work and the VE ultimately determined ‘no jobs’. My medical records all support the injuries and issues. I had a great judge and attorney, so I am feeling pretty positive! I do not know what my potential monthly benefit will be as I can no longer view it online due to an open case. I have always made pretty decent money up to maximum $45,00. My question is, I have 4 children under the age of 13, so I believe I can apply for benefits for them as well (?), although I have no idea what the family maximum amount is right now. How can I determine an approximate amount of mine as well as family maximum and would the children’s benefits be retro to the beginning of mine as well?

    • Kay Derochie

      Dear Kimberly,

      If you are approved, your children’s benefits will be retroactive to the same date as yours if you listed the children on your original application. I am not sure whether you can set up a “My Social Security” account separate from your online claim record. If you can, you can request an earnings statement, which will give you an estimate of your benefit and your family maximum. If this doesn’t work, ask you local office for an earnings statement or your family maximum benefit if they can access it.

      Sincerely,
      Kay

  • Jayme

    Hi, I have a question.
    My boyfriend with whom i live with gets SSDI and therefore our daughter receives a monthly check as well.
    I’m currently pregnant with our second, and was wondering if I can apply for the new baby, if so will that will decrease my daughters payment?
    Also, I just got a job last week does that affect anything for the kids benefits.
    Thank you.

    • Kay Derochie

      Dear Jayme,

      You can apply for benefits for the baby as soon as the baby is born and you have a birth certificate to present. Whether or not your daughter’s benefit is reduced will depend on how high the family maximum benefit is on your boyfriend’s account. You should apply for the baby because there is nothing to lose now and also because when the older child reaches age eighteen and is no longer eligible, the younger one will continue to get benefits.

      Sincerely,
      Kay

  • Scott

    I am in the late 40’s. I am disabled and living on SSDI. I have three children who receives SSDI as well. Supposed the child support is around $500.00 per month. Each of the children receives nearly $900. Does this means I still have to pay the child support $500 per month? I can understand that I would have to pay the difference ONLY IF each children receives under $499 per month. Should the child support be “ZERO” since the three children are receiving the SSDI. What is the point on why I should be paying child support WHILE the kids gets SSDI? If there is any statement that says that child support should be “0” then I would love to have that information. Looking forward hearing your answers on these Kay.

    • Kay Derochie

      Dear Scott,

      I suggest that you talk to a family law attorney to find out how to ask the court to reduce or eliminate the child support order given that the children are receiving more in dependent benefits than the order.

      Sincerely,
      Kay

  • Tony

    My son was diagnosed with Autism when he was 9. He will turn 18 in June, 2016. My social security form states that if I work to the age of 70, at the same rate of income, I will receive $2,300 a month. His mother, with whom I am divorced, will receive about $1,300 a month. When will he be able to receive benefits? Will the benefits for him continue after I pass on? Are his benefits based on both of our social security incomes?

    • Kay Derochie

      Dear Tony,

      When you retire, if your son has not married and has been continuously disabled since prior to age twenty-two, he can apply for disabled adult child benefits on your earnings record. If his mother’s $1,300 benefit is on her own earnings record, he can apply on her record also.

      Your benefit is likely high enough to allow the maximum dependent benefits. If your son is the only dependent drawing benefits on your record (not counting an ex-spouse), his benefit is likely to be an amount equal to half of your benefit or $1,150 (75% or $1,725 if you are deceased). ) If he is eligible on his mother’s record, his benefit will be somewhat higher due to a combined maximum family benefit.

      Sincerely,
      Kay

  • Kira

    My son has 3 children from a prior marriage and one child from his current relationship (he lives with that child). He recently allowed the stepfather of his 3 children to adopt the kids. He has been divorced for 7 years and during that time never paid more than half of the cost of supporting the 3 children. He has been receiving SSDI for 4 years and those three children and the child from his present relationship have been receiving family benefits.

    Will the ex-wife and her husband continue getting the family benefit for the adopted kids, or will that money be added to his other child’s allotment. He has gotten two completely different answers from social security but they have continued to send the benefit checks to his ex-wife and her husband. Thanks in advance!

    • Kay Derochie

      Dear Kira,

      I was able to find that a child being adopted a second time will not stop the payment of benefits on the record of a worker who previously adopted the child unless the first adoption was revoked. I could not find anything about adoption of the worker’s natural child, but if (and that’s the question) the law is consistent, your son’s three children may continue to be eligible for benefits. Because the children are his natural children and not his step-children, there is no support requirement.

      Sincerely,
      Kay

      • Kira

        Thanks for the response. One SS worker told him to bring the adoption document signed by the judge and they would terminate those benefits and assign them to the account of the child he is currently supporting. He took the adoption papers in and a different worker said that the adopted children would continue to receive benefits. I haven’t been able to find anything specific to this situation online, but I’m guessing you are right.
        thanks!

  • Janice DuPree

    My ex husband called me asking for my social for back pay of disability benefits. My question is
    is this back pay for me or him, & if disability is.telling him he can get back, but they want my social. Shouldn’t he received back pay under his own social.

    if the back pay is not coming directly to me, why do i need to give my social?

    • Kay Derochie

      Dear Janice,

      When a person is approved for Social Security benefits, a review is made to determine whether he has any dependents or former dependent who would qualify for benefits. If you were married more than ten years and are at least age sixty-two or have an under-age-sixteen child of your former husband’s in your care, and haven’t remarried, you may be eligible for benefits and any dependent back pay would be paid to you.
      Your ex may be asking for your Social Security because it is needed as part of the preparation of his claim to pay his back pay to him. If you are uncomfortable giving him your Social Security number, you can ask for his and go to a Social Security office yourself and provide the number to be associated with his claim and also to file to receive dependent benefits if you qualify now.

      Sincerely,
      Kay

  • Jennifer

    Hello. Thank you for your attention and care in answering all of our questions. My mother and father-in-law are both naturalized citizens. Both receive Supplemental Social Security @ $800 each. They are both over 70. My father-in-law is in poor health and was just diagnosed with Stage 4 cancer and will not be with us much longer. They barely get by on the SSI now and also have Medicaid. When he passes, will my mother-in-law receive his benefits? The apartment they rent takes up most of their combined SSI and it is one of the cheapest in the area.

    • Kay Derochie

      Dear Jennifer,

      Given the amounts you are stating your parents receive, I believe that your parents are receiving Social Security retirement (SSRI) and not Supplemental Security Income (SSI). If so and if your father’s benefit is more than your mother’s, your mother may be eligible for your father’s slightly larger benefit instead of her own.

      Sincerely,
      Kay

  • sarah

    Hi I have been getting SSI and SSA for years my question is about if I am owe more money.

    When I was little about 2 yrs old I started getting survivor benefits from my dad when I was 18 yrs old they sent a letter stating because I was 18 I have to prove that I was still in high school which I was or they would stop my benefits. Soon after that letter my mother went up to our local SSA office to give them proof I was still in school. About two months after that my mom died and I moved into my owe apartment because I had no where to go. Lucky for me I was able to get my mom’s section 8 transfer to me. Because of this I was able to still go to school and graduate at 20 yrs old. But even though my mom made several trips and calls to SSA they still stop my benefits even though I was still in high school. At 22 yrs old I was approve for SSI. Which the paper states that I became disabled from the date of my birth. I was told by SSA that because they had papers from way back when I was 2 or 3 yrs old stating I am severely depressed. SSA told me and my case worker said that it was a high probably that I would never be able to work. Which I proved with out a shadow of doubt because I start and stop working within a couple months or days of each other. Now I receive SSI of a grand total of $225.00, and SSA of a grand total of $528.00.

    Now my question is this am I owe more money or not and if so how do I go about getting it?

    As of today the SSA has problems when I call in and ask questions about my benefits. One problem is I have to tell them I am receiving survivor benefits because when they look at my social security number they only see my SSI record not my SSA record. I got to give them my dad’s social security number which is my medicare number for them to find it.

    Also someone told me because my parents never married I can claim my mom’s social security as well, is this true?

    I appreciate in help with this because at present I am homeless and can’t afford any half way decent apartments or rooms for rent. Because of my social security my food stamps are small like less than $50.00. I refuse to stay in those apartments for people who receives SSA because that isn’t a life being told that you can and can’t do that other apartment complexes wouldn’t dream of asking of you. Also you have to report to your onsite case manager. It is almost like being in a out patient mental and behavior heath facility that I am aloud to leave do normal adult daily life, but I can’t do any normal adult daily things you can do in your own spot that you are paying for. The only things you are really aloud to do in the place you pay for is come back and sleep there and act like I a kid or something instead of a grown 30 yrs old women. I only go to a mental and behavior heath facility when I have a bad episode and trying to harm myself, and I haven’t really had one of those in years really.

    So if you can help THANKS AHEAD OF TIME.

    • Kay Derochie

      Dear Sarah,

      Unless you are eligible for Disabled Adult Child’s benefits on your mother’s earnings record, you are probably getting the correct amount of benefits now. I suggest that you that you try to apply for benefits on your mother’s records. You do not know whether she had enough work to be insure her survivors for Social Security but it is worth a try. (It does not matter whether or not your parents were married.) You will need her Social Security number to apply. If you don’t have the number, it is probably on her death certificate, which–for a fee–you can get from public records in the county where she died. Also be prepared to give Social Security both your father’s Social Security number and yours. If she is insured, you will have to present your birth certificate.

      As far as housing goes, you might try to rent a room, which costs less than an apartment or apply for Section 8 housing, which has minimal oversight such as annual inspections to see that you are keeping the property clean.

      Sincerely,
      Kay

  • Crystal

    Hi Kay

    My son is already receiving SSI. I am his beneficiary. He is 7 years old. I am having my hearing tomorrow. If I approve will he still recieve his SSI or would he become automatically added to my benefits? (of course that’s if I have enough in my family maximum).

    Thank you

    • Kay Derochie

      Dear Crystal,

      I am not sure what you mean by you are your son’s “beneficiary.” Perhaps you mean representative payee. In any event, if you are approved for Social Security Disability (SSDI) and your family maximum is higher than your own benefit and you have listed your son as a dependent on your Social Security application, he will begin to receive Social Security dependent benefits from your earnings record. Depending on the amount of your SSDI and his dependent benefits, he might also continue to receive a smaller amount of Supplemental Security Income (SSI) to supplement his dependent benefits.

      Sincerely,
      Kay

      • Crystal

        Dear Kay,

        Thank you so much and thank you so much for your time. So sorry but that is exactly what I meant to say which was “representative payee”. I do believe I have my son listed as a dependent on my application. In case i have not listed him as my dependent, do I let my attorney know or do I have to contact the disability court to update that information? Because I want to make sure he is listed as my dependent.

        Another question I had Kay was that I just had my hearing yesterday. I am not sure why but the judge is sending me to attend an exam because I had mentioned to the judge about my memory and concentration. Now I have to attend to go for some testing. I forgot what the judge said its called and I already forgot what my attorney said it is; however I do remember the judge saying something like IQ test….if I am not mistaken. According to my attorney she said that its a good thing he is sending me out to attend this exam but I think not. So pretty much I will have another hearing after I attend this exam to be evaluated. So my question is, do you have any knowledge to why the judge is requesting that i should have such a test performed? I feel like I did wrong even though my attorney thinks other wise.

        Crystal

        • Kay Derochie

          Dear Crystal,

          I agree with your attorney that it is good that the judge is investigating the mental symptoms that you mentioned as interfering with your ability to work. The test is likely a an evaluatonto see whether you have cognitive deficits and if so how severe they are.

          Call your local Social Security office, not the hearing office, and ask them to check to be sure that you listed your son on the application. If you did not, make a dated, written statement as soon as possible that you are also applying for your son to receive dependent benefits and intended to apply for him when you filed your own application.. Include his date of birth and Social Security number and your Social Security number on the statement and submit it to the Social Security Administration. Ask the office to date stamp the statement as received and request a photocopy of the date-stamped document for your records.

          Sincerely,
          Kay

  • quita

    hi my mother is getting SSID because she’s blind in one eye and she wants to put with my daughter on her case she has custody but she not her child it her granddaughter. I was wondering how do she go out about doing it and if should could without adopting her.

    • Kay Derochie

      Dear Quita,

      For the grandchild of a worker who is receiving Social Security to be eligible for dependent benefits either both parents have to be disabled or deceased or the grandchild has to be adopted. The rules for adopted grandchildren becoming entitled on a grandparent’s earnings records are detailed with various special condition including dependency requirements in some cases, so your mother should discuss the specific circumstances with the Social Security Administration to find out whether if she adopts your child, the child will be eligible.

      Sincerely,
      Kay

  • Susie

    Our son is receiving disability money of $400. a month for PTSD issues from being in the Army for 8 years. He lives with us. Can we claim him as a dependent, because he doesn’t contribute to the rent,bills at all.

    • Kay Derochie

      Dear Susie,

      Your question is a tax question for the IRS or your tax accountant so check with them; you might get some tax relief under the “head of household” provisions or some other provision.

      Sincerely,
      Kay

  • Rhonda Smith

    In July 2012, I applied for SSD due to my inability to work resulting from Congestive Heart Failure, High Blood Pressure and severe scoliosis and back pain. I stated an AOD of May, 2012. I was denied on the initial application and also on the reconsideration. I filed a request for hearing in June, 2014. I have not received a hearing date as of today 3/7/15. In October, 2013 I was diagnosed with Cone Rod Dystrophy (a disease I was born with that is only acquired by heredity) and in November 2014 I was diagnosed as Legally Blind by an Ophthalmologist that specializes in Retina Pigmentosa and a leader in her field. Is there anyway to expediate the hearing process or the approval process since I believe I have a prima facie case? The only issue in dispute I believe is the AOD, SSA wants to change to an EOD of June, 2014, as a condition for expediting. Is it legal for them to do that without evidence?

    • Kay Derochie

      Dear Rhonda,

      Yes, it is legal for Social Security to offer an approval with a later date of onset (one that is clear to them without further investigation. If you want to pursue your original disability date, you can decline the later disability date and wait for the full hearing process to be completed. If you decide to pursue the earlier date, be sure that your appeal file has all your medical test, pharmacy records and information in it for the diagnosis and treatment of all your conditions and a statement, at least from you, of the symptoms that were keeping you from working throughout the period.

      If you don’t already have an attorney and are pursuing an earlier date, it would likely be a good idea to get legal assistance because you need to present the symptoms and periods of treatment for your multiple conditions before June 2014 combined to cause disability. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award at the time it sends your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,
      Kay

  • Linda

    Dear Kay, thank you in advance for answering. Okay I just turned 59. A proximately one year ago I suffered a brain stem stroke. Although I wasn’t left with physical impairments other than right sided numbness in my hand and arm,and shoulder. My neurologist referred me to a psychiatrist for depression, and I underwent both speech and physical therapy. Additionally I was diagnosed with type 2 Diabetes, possible sleep apnea, and hypertension. I am so overwhelmed,this all came out of the blue.
    I have been on short term disability. My job replaced my position too.

    My husband of 42 years is already receiving SSD,however we are separated, and will be divorcing soon.

    This stroke has affected my memory and some cognitive functions.

    My previous employment was researching and writing government grants. I’ve done that for years.

    What do you think my chances of being approved for SSD would be, since I’m not in a wheelchair would be? Also does my husband receiving SSD affect my chances, or his benefits?

    It will be a year in 2 months since my stroke,and I,m so confused.

    I’ve gone from being this high functioning, hard working person to this. In CA, short term disability is only for one year. I,m lost never had to do this before.

    • Kay Derochie

      Dear Linda,

      I recommend that you apply for Social Security Disability right away in order not to lose potential back benefits. Given your age and that you have done cognitive work for many years and have lost that ability and also have some physical deficits, you may be approved. Do a thorough job of filing your initial application. You can get helpful information about filing a claim under the Apply SSD tab at the top of each page on this website. You may also find the articles under Claim Process helpful. Your applying for disability benefits will not affect your husband’s Social security Disability or the fact that he gets benefits affect your application. Because you have some mental deficits, be sure to get help putting your claim together or at least have someone who is good at paperwork look at it for completeness before you submit it.

      Sincerely,
      Kay

      • Linda

        Thank you so much. This is so kind of you to spend the time to answer all of our questions. It feel inadequate to just say Thank You…I will do as you direct.

        I assume I if approved will be paid on my earning record, even though my husband,s is higher.

        He also had a stroke 5 yes ago and will be 65 this year. Our 3 children are all grown.
        Never knew how confusing this all is. Thank you again so very much.

        • Kay Derochie

          Dear Linda,

          Yes, you will be paid on your own earnings record if you are approved

          And, you are most welcome,

          Kay

  • Beth

    I have had copd and emphysema I have been under medicationand fighting my social security disability for years I tried working but get tired fast and some jobs I apply to will not hire me what are my chances of getting approved

    • Kay Derochie

      Dear Beth,

      I cannot predict whether you will be approve. While you pursue your appeals for benefits, you might talk to your state’s department of vocational rehabilitation to see whether you would qualify for job training for work that is not physically exerting.

      Sincerely,
      Kay

  • Christina Joggerst

    I found out thru my children that their father, my ex-husband is applying for disability. He works for the state of Missouri. Our original agreement was shared custody but I am remarried and live about 30 miles away. My daughters are with me about 80% of the time. I do not receive child support but he is required to carry health insurance on them. He pays nothing in regards to their school costs or doctor bills like he is supposed to. What do I need to do to to ensure he keeps them on health insurance? He is very irresponsible and I don’t trust him. Do I need to see a lawyer? My new husband and I make a combined income alot more than his. Will we have to pay for health insurance on them? Thank you!

    • Kay Derochie

      Dear Christina,

      I suggest that you talk to a family law attorney for advice about payment of the health insurance premiums. If your husband loses his insurance and the children’s insurance because he is no longer employed, you or your husband may be able to add the children to your insurance without waiting for the annual open enrollment if you enroll them within thirty days of their current insurance terminating. If you do not have insurance, you have sixty days to apply under the Affordable Care Act (Obamacare). If your ex-husband is approved for Social Security Disability and his benefit is high enough, the children will be eligible for dependent benefits and, if needed, you could use their benefits to pay for insurance.

      Sincerely,
      Kay

  • David

    I have been found disabled since 2010. But not been able to work since 2008. I am also collecting Veterans compensation for being injured in Iraq. I’m married and have a 1 month old and just filed for the family part of my ssdi, for my wife and kid. However I have a problem…. Student loans!! They said they will forgive the loans if social security reviews me every 5 years for my disabilities. However in the letter I recieved from social security it said they will review every 3 years. Is there a way to change this to 5????.. It is hard enough to survive on what I collect, as it is the only source of income for the family.

    • Kay Derochie

      Dear David,

      The review date is based on the earliest that the claims examiner or judge thought that your health might improve. It seems very unlikely that they will not push it back to a longer time. I suppose theoretically you could appeal the review date, though I have never heard of anyone doing that.

      Sincerely,
      Kay

  • Greg

    I’m on disability. Should my wife be able to get some benefits based on mine? We’re 50 years old and she works. I’ve been on disability since 08. Thanks for any help you can give.

    • Kay Derochie

      Dear Greg,

      To be eligible for spouse’s benefits, your wife must be either age sixty-two (reduced benefits) or full retirement age (full benefits) or caring for your child who is under age sixteen. For retirement age benefits, she would be paid retirement benefits first on her own earnings record and paid on yours only if her spouse’s benefit is higher than her own retirement benefit.

      Sincerely,
      Kay

  • joice

    Hi so i have a question ill be 23 this year and i was in a bad car wreck i got brain damage from and recently I’ve been living with my bf if he Claims me on his taxes will my ssi be turned off . I hope some one can help me

    • Kay Derochie

      Dear Joice,

      First, your boyfriend should check with the IRS to see whether he can legally claim you on his taxes. Secondly, if he is providing you with free or subsidized housing or food, you have to report it to the Social Security Administration. If there are two people in your household and you are paying less than half of the shelter expenses (rent, power, heat, water/sewer and garbage) and/or less than half of food costs, you need to report the in-kind (non-cash) support you are receiving from your boyfriend.

      Sincerely,
      Kay

  • Jay canter

    My wife receives was disabled 16 years ago and receives ss.. Our 2 children receive monthly payments as well. My daughter will be 18 soon and I have another daughter that is 9. When my daughter turns 18 and her payment stops does that amount that she was receiving go to my younger daughter and add to hers or does it just stop and the younger daughter just keeps getting the same amount that she has been receiving? Thx

    • Kay Derochie

      Dear Jay,

      When your older daughter’s benefits end, your younger daughter’s will increase up to an amount equal to 50% of her mother’s benefit. Note that if your eighteen-year-old is still in high school, her benefits can continue to age nineteen or high school graduation, whichever is first.

      Sincerely,
      Kay

  • Tina

    HI, I’m not sure what to do here, I need HELP! I’m 53 years old women with out any health Ins. I was working but had to quit my job last year because I had gotten temporary custody of 2 of my grandkids ages 7,3 and my Husband was able to take care of them for awhile. But he has COPD and is on oxygen now 24/7. Well good news now that kids are back with their mother but my husband isn’t getting any better. I really do need to get back to work for I have no insurance but it is hard because he needs me. What can I do. Please HELP ME !!

    • Kay Derochie

      Dear Tina,

      You have till February 15, the end of this year’s open enrollment period, to apply for insurance under the Affordable Care Act (Obamacare). Depending on ;your family income you may qualify for a government subsidy to help pay the premiums. You can get more information by visiting http://www.healthcare.gov.

      Sincerely,
      Kay

  • Terrence

    Is it possible to prevent any of your kids from claiming disability under your name?

    • Kay Derochie

      Dear Terrance,

      No, you do not have the right to decide which of your children will receive benefits on your Social Security earnings record. The law determines who can and cannot receive benefits. Dependent benefits paid on your account will not lower your benefit.

      Sincerely,
      Kay

  • Hello Kay, My husband of 30yrs of age has been diagnosed with schizophrenia I applied for SSD benefits in january 2014 I called today to check on the status and the lady (case worker) said she couldn’t give me information but that she was happy with the results. I hope it means he got approved then she routed me to call social security. If he does get approved his been working since he is 15 yrs old not sure how much he is contributed. Also he has a child from previous marriage and is behind 3000 on child support due to his disability. i have ask his ex to please call child support and inform of his case or cancel the child support but she hasn’t done anything to help him. If he does get approved with they take money to pay back his child support? We live in different states due to school but have a baby together , we always apply separate taxes because we where separated because of his rage and behavior towards me which now i understand why it happened. This year he moved with me because of his severe condition he needs my care my family is helping me too. Im a very successful professional women, will my wage affect his SSD i plan to put him as my depended on these years taxes , will they take away my refund because of his child support wages? will SSD cover what he owes of child support? will child support stop because of my husband condition since his other son will receive benefits from his disability. I make decent money but not enough to pay for his child support. People tell me different things like by law child support can’t take his disability money? I know i have a lot of questions and i thank you from the bottom of my heart any information that you might be able to share with me via these site. May God Bless you.

    • Kay Derochie

      Dear Joselyn,

      Your husband’s Social Security Disability (SSDI) can be garnished for back child support if there is a delinquent child support order. Only a certain percentage can be taken. Both of his children will be eligible for benefits if his benefit is high enough to pay dependent benefits. I am not an expert on family law and suggest that you confer with a family law attorney; however, I can say that I have heard of disabled people going to court and getting child support reduced or removed when a child begins to receive dependent benefits on the disabled person’s account. As far as garnishment of tax refunds, you need to check with the IRS.

      Sincerely,
      Kay

  • ashlee

    I am disabled and have been since u was 14. I am now 28 and I am expecting my first child in March. Is there and home child care assistance that I can get during the day while my husband is at work?

    • Kay Derochie

      Dear Ashlee,

      I suggest that you contact your local health and human services department to see if they have any programs or lists of certified childcare providers.

      Sincerely,
      Kay

  • Anita

    I had a court hearing on November 19th. How ling do you think I will have to wait to hear something or recieve any money. I had an attorney and she said she was sure I won.

    • Kay Derochie

      Dear Anita,

      Judges are supposed to render decisions within sixty days, but they sometimes take longer. If you are approved, it can take a month or more to receive Supplemental Security Income (SSI) payments and longer for Social Security Disability (SSDI) to start.

      Sincerely,
      Kay

  • Carol Miller

    In 2007 I had a massive stroke and 6 months later started receiving my Social Security Disability. Once I started receiving my benefit so did my children. When my daughter turned 18 her benefit was then given to my son. In six months my son will turn 18, my question is… what will happen to the money he was getting? Will my monthly benefit increase? Thanks!

    • Kay Derochie

      Dear Carol,

      Your benefit will not increase when your younger child’s benefits stop. Dependent benefits are paid only while the child is a minor and are paid in addition to the worker’s benefit. They do not decrease the worker’s benefits, so when they stop the worker’s benefit does not increase.

      Sincerely,
      Kay

  • stohlmar

    Hi and thanks in advance for all the info you give here!

    Three years ago, while I was receiving SSI for a list of disabilities; I married my second husband…My SSI was stopped because he receives about $1140.00 per month social security disability and a $700.00 a month from a trust…We have no other monies or property… 1 car….We are looking at an assisted living facility for him before too long because I can no longer handle his care and we’re pretty sure it will be soon. He has Medicaid and Medicare…

    My question is: Since his income is all we have and Medicaid and Medicare for him… And Medicaid for me….Will part of his monies go to me and part to the nursing care facility for his care? or ????? We are unsure of how that works. Thank you for helping! I’ll be looking for your response.

    stohlmar

    • Kay Derochie

      Dear Stohlmar,

      You need to discuss the finances with the assisted living facility and the Medicaid office to find out whether you can retain any of your husband’s income and still have him be eligible for Medicaid payment of part of the care facility. You can apply for Supplemental Security Income (SSI) because the month after he moves into the facility, his income will not be counted as part of your family income. If you apply, be sure to indicate that you received SSI in the past and that benefits terminated due to your husband’s earnings, not medical recovery.

      Sincerely,
      Kay

  • Diane

    Hi, my husband has been disabled since 2008, he recieves SSD. We have 3 children, they also recieve benefits from him. My husband was receiving Workmans comp. when he first started receiving his benefits. He was injured at work, that’s how he became disabled. Well over the years his check has gone upto 837.00 a month. My children are only recieving 42.00 each monthly. Does that sound right? Should they be getting more then that, and how do I find that out. My husband no longer recieves Workmans comp, that ended in 2012. Thanks

    • Kay Derochie

      Dear Diane,

      There are a couple possibilities. If your children’s benefits have gone up each year but still don’t total half of your husband’s benefit, it could be that his benefit is too low to pay an amount equal to fifty percent of his benefit. The second possibility is that workers compensation offset still applies. The offset is applied to dependent benefits first and any lump sum settlement is prorated out over a period of time, usually at a rate equal to monthly benefits, and is charged against the Social Security. Your first step would be for your husband to call Social Security at 1-800-772-1213 and ask the amount of his family maximum. If the difference between the family maximum and his benefit(before reduction for Medicare premiums or taxes) equals the total amount all the children receive, then there’s currently no workers comp offset and the children are getting the maximum they are due. If the difference is more, then it is likely the workers comp proration and accompanying offset are still in effect. Your husband’s original award letter may tell him how long the offset will continue. If it doesn’t, the Social Security Administration should be able to tell him.

      Sincerely,
      Kay

  • renee

    Just got off the phone with Social Security who set me up with an interview on 12/23 to apply for my son. I asked her if this meant I was approved but she said she couldn’t tell me that over the phone but IF I was approved I would need to make sure I kept this appointment. Guess I just have to wait…

    • Kay Derochie

      Dear Renee,

      Your son has probably been approved. Do keep the appointment.

      Sincerely,
      Kay

  • renee

    I filed May 2014 and other than some forms in the beginning have heard nothing. Checking the SSA website only shows my application is pending. Yesterday I received a letter for me to contact Social Security to file a claim for my 9 year old. It then goes on to say You should get in touch with us right away because the date you file an application can make a difference in the amount of benefits we can pay. It talks about filing within 6 months of this letter and ends with if I file they will review the case and make a decision and if I don’t agree I can appeal the decision. Are they talking about my initial claim or what? I’m confused why would I apply for my child if they haven’t made a decision on my claim yet?

    • Kay Derochie

      Dear Renee,

      The letter you received asking you to apply for your child indicates that you have been approved for Social Security Disability and that your claim is being processed. You need to take the action of applying for your child and filing to be the child’s representative payee. The sooner you do this, the sooner your child will receive benefits. Note that much of the language in the letter is routine information about your rights.

      Sincerely,
      Kay

      • Renee

        Thank You for replying You can disregard my other other posts as I have since talked to them and they set up a phone interview for my son on 12/23. Still haven’t received anything nor has my info on the website changed but at least I have this info. I was confused and anxious but thanks again for answering.

        • Kay Derochie

          You are welcome, Renee.

          • Renee

            I’m so confused now, I have a phone interview to add my dependent to my claim on 12/23/2014 but the other day I received a letter to go see one of their doctors on 12/19. I called and she told me I have to go to the appt. I asked if applying for son was still in place for the 12/23 and she said yes I must keep that interview date if I want my son to get benefits. I am so confused as to why I would apply for my child when clearly they haven’t made a decision yet. She just said I needed to keep both appts and she couldn’t tell me anything else as no decision has been made yet. Does this make any sense to you? BTW I am going to keep both appointments just wondering if it seems strange to you.

            • Kay Derochie

              Dear Renee,

              Typically, dependent applications are not taken until a medical approval has been rendered. If the medical appointment is a mental health evaluation, it may be that your claim is going to be approved and the agency needs an assessment of whether you are capable of managing your benefits. Or, though quite likely, maybe the office is all caught up and decided to take the child’s application just in case of an approval.

              Sincerely,
              Kay

  • Christine Sack

    My ex husband is receiving SSDI. He just had his child support lowered from $120/wk to $42/week. This is certainly not enough to help support our 8 year old daughter. I am the primary custodial parent. Due to this drastic increase, I was wondering if my daughter is eligible for SSDI benefits as a result of her father being on disability. (FYI, I provide all her medical insurance and ALL other needs for her), but this is not easy. If she is eligible, how do I go about applying?

    • Kay Derochie

      Dear Christine,

      Go to your local Social Security office and, as custodial parent, ask to apply for Social Security dependent benefits for your daughter on your ex-husband’s earnings record. If his benefit is high enough to allow for dependent benefits, the benefits should be paid to you for her care. Take your child’s birth certificate and Social Security number and, if you have it, the Social Security number of your ex-husband.

      Sincerely,
      Kay

  • Scott

    I am awaiting my appeal decision from my hearing and was wondering if my 13 year old son will get payments from my ssdi. I am also wondering who they will be paid to. My exwife and I were married for 6 years and have joint physical and legal custody of my son on paper but he has what’s called free roam and can stay either here or there and he’s mostly with me. Would his benefits pay to me?

    • Kay Derochie

      Dear Scott,

      If your son spends most of his time with you, his dependent benefits would likely be paid to you. However, you would be responsible for giving your ex-wife some of the money to cover you son’s food costs when he is with her and other necessities she may be purchasing for him such as clothing and school supplies. It would be a good idea for you and your ex-wife to develop a spending plan for the child’s money, including a modest allowance if the benefits are sufficient.

      Sincerely,
      Kay

  • Jessica

    Hi, I am in the middle of a divorce right now. I got laid off from my good paying job of 7 years in June, and to stay on 1st shift I’ve taken a quite lower paying job so I can be home with my children in the afternoon/evening. I applied for assistance, and found out that I was denied because someone without my knowledge (my soon to be ex) was collecting social security on my son. My son is not disabled, and so I found out that my ex was collecting on him and my son. Because of this, I’m being denied the assistance I’m entitled to, because it counts into my income, even though I don’t see a dime of it. When I talked to someone at social security about this, she says usually the parents would split it, because if he’s only got the child 50%, the money should follow the child. Am I wrong to fighting for it when I can’t get the assistance that I would have qualified for?

    Thank you for any information you can give me.

    Jessica

    • Kay Derochie

      Dear Jessica,

      Social Security can issue only one payment for your son, so you will need to work out with his father an arrangement so that he gives you half of the money for the time the child is with you. If that is unsuccessful, you can file to be payee for the Social Security check stating your have 50% physical custody and the father won’t share the money for the child’s support when he is with you. Pledge to give the father half. If that doesn’t work, ask for verification from Social Security that the benefits are being paid to the father and explain split custody to the social services office to see whether they can count only half of the child’s money. Another option is to go to court to get child support.

      Sincerely,
      Kay

  • Brandon Parks

    I am legally blind. I am 25, but recieve Medicare and Medicaid because my disability is permanent. I’m concerned because I just got married on Aug. 31st. My wife is also disabled- but does not receive benefits. Will ANY of my benefits cover her? Right now I am paying for all of her medications, Doctor visits, and bills.

    There has to be something I am not finding online. Can anyone help?

    • Kay Derochie

      Dear Brandon,

      I assume that your wife is under age sixty-two so she does not qualify for wife’s benefits based on age. Should you and she have children, your children might be eligible for benefits, depending on the amount of your family maximum benefit. In they are, she could receive young wife’s benefits because she is caring for your children. In the meantime, your wife should apply for Social Security and Supplemental Security Income disability payments for herself.

      Sincerely,
      Kay

  • Jan M.

    Hi Kay,
    Thanks for taking my question today. My husband and I have been married for almost 4 years and he will be applying for Ssdi due to severe lupus with complications and his doctor has determined that he won’t be able to work for the rest of his life. My husband was previously married for 10 years and has been divorced for 6. He has a biological daughter who is 16 with his ex- wife. His ex-wife is currently re
    Ce

    • Jan M.

      Sorry, hit a wrong button. But my question is if my husband’s ex-wife will receive ssdi benefits from him even if she is already receiving her own ssdi and ssi? She and my husband are both under the age of 62. I have 2 daughters that I have brought into the marriage also. One is 7 and the other 16. Also, since my husband biological daughter will be receiving a check from his ssdi, will this be in addition to any child support he’s already court ordered to pay or will the ssdi cancel
      The children’s support out? Sorry to be so long winded. Hope my questions make sense. Thank you and have a great day!

      • Kay Derochie

        Dear Jan,

        I am responding two your questions spread over your two posts. If your husband is approved for Social Security Disability (SSDI), he and his biological daughter will receive benefits from his earnings record. Because his daughter is already receiving benefits from her mother’s account, the daughter’s benefit will probably increase due to a combined family maximum. Your children (his stepchildren) will be eligible for dependent benefits on your husband’s record also if they were financially dependent upon him at the time he became disabled or one of two other points in time.
        Your husband’s ex-wife will be eligible for divorced wife’s benefits if the divorced wife’s benefit is greater than her own. Her benefit is paid outside of (in addition to) the family maximum.

        Your husband can go back to court and request a change in the child support order to consider any Social Security benefits being paid to his daughter. Sometimes the court will reduce the child support.

        Sincerely,
        Kay

  • david j

    I was approved for ssd injury from work. I received a retro check just for me, I want to add to this also wife has MS and has been on ssd for sometime now, in this 2or3 part question, I’m concerned she will lose her benefit and our 11 yr.old son. I will receive approx. 1850 for myself they said and she already receives 1225 for son and herself. it has been a long 2and1/2 years of surgeries and financial ruin. trying to maximize our benefit together or will I receive the family max. benefit? I worry we will make less then what we need to save house and stay in our home state of ny. I’m fully vested from 22and1/2 years of work. Will her benefit increase maybe or lose some of it. Any info will be greatly appreciated, Thank You in Advance David J

    • Kay Derochie

      Dear David,

      Your son’s benefit would likely increase with both parents receiving Social Security because the combined family maximum would result in a higher benefit for your son if you apply for him on your record. With regard to putting your wife on your record, she might be eligible for a small amount from your record to supplement her benefit; however, I don’t know how that would affect the calculation of your son’s benefit. I suggest that you apply for your son and inquire whether there would be any increase in the total amount payable to your family if your wife applied on your record also.

      Sincerely,
      Kay

      • david j

        Kay, Thank You for quick response it was greatly Appreciated. It was exactly what I was looking for in an answer. I feel better hearing in it in human language then in SSD Language. Once Again Thank You for your Great Web Site. Thank You, David J

        • Kay Derochie

          You are welcome, David.

  • Clarissa James

    Hi, I have a few questions I have done a lot of research but my husband and I are still unclear on some things, maybe you can help, my husband was awarded ssdi in 2008, he was only 28 years old, he was also married at the time and when he applied he applied with his ex wife, shortly after she became pregnant, they divorced 3 years later and his ex wife is recieving a check for 294$, shortly after the divorce maybe 2 months she got pregnant and remarried her new husband makes close to 75k a year and has 2 other children in which she has applied and recieving snap benefits on the children, my questions on that are
    1. does her husbands wages have an affect on the benefits that she gets each month from my husband, ( she never updated the changes)
    2. also the 2nd child (who we’ve never sought dna & she hid the pregnancy & claims its her new husbands) however there is a chance it could be my husbands if she seeks a dna test would my husband be liable for benefits for that child?
    3. my stepdaughter is terrfied of living with her mother and at age 12 wants to ask the courts to live with us at that time would the benefits come to us if granted the request?
    As well as my husband is terminal we dont have a time frame but he’s trying to get his affairs in order to protect me and his daughter ( we know the mother isnt using the benefits on the child) I read about the family plan stuff, would he need to do the application again and put me as his wife to increase his benefits as well as if my step child does live with us, would his ex have any rights to benefits,
    I am my husbands POA, we’ve been married 3 years, but his check is only 921 & I was laid off I have a lot of medical issues, if I filed for ssi or ssdi would it affect his ssdi and would it affect the amount my step daughter would get, and lastly (sorry so many questions) because i am POA, would I be eligable to recive benefits if something were to happen?
    (im only asking so much because im really worried about the protection of my step daughter and want to ensure that the money that is hers actually goes to her)

    • Kay Derochie

      Dear Clarissa,

      Your stepdaughter is receiving Social Security dependent benefits on your husband’s earnings record. Her mother’s and stepfather’s income does not affect her Social Security benefit. If your stepdaughter comes to live with you and her father, her father can apply to have the Social Security benefit paid to him. If you are approved for either Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits, it will not affect either your husband’s or your stepdaughter’s benefits. As far as protecting your stepdaughter in the event of your husband’s death, I recommend that your husband consult with a family law attorney to see if there is a way that he can appoint you as her guardian in the event of his death. Your husband or your stepdaughter could also request an advocate to help her with her request to live with her father (or you in the event of his death) by contacting Court Appointed Special Advocates (CASA).

      Sincerely,
      Kay

      Sincerely,
      Kay

  • Cynthia

    I am having a hard time finding an answer to this question. I am at the hearing stage of my SSDI claim. My daughter is 17 and still in school. If I am awarded SSDI can she wait until she turns 18 to apply for benefits . I want her to get the money in her name( not her fathers) so it truly goes to her. Is there a time limit for her to apply after I am awarded? Will she receive the “back pay” she is entitled to the same as me?

    Thank you!

    • Kay Derochie

      Dear Cynthia,

      Assuming that your own Social Security benefit is high enough to allow payment of dependent benefits, your daughter will be eligible for benefits in the same months that you are. You will not be able to delay payment of her benefits, but depending on how close she is to age eighteen, she may be eighteen before the benefits are paid. It sounds as if you have not yet been approved. It usually takes two months or more to get a decision after the hearing is held, another two or three months before your benefits are paid, and then after that some lag time before your daughter’s benefits are authorized. If you get approved and you think her benefits will be paid before she is eighteen and you have reason to believe that her father will misuse her funds, you can contact Social Security and apply to be her payee, explaining why you think you, apparently the non-custodial parent, should be made payee.

      Sincerely,
      Kay

  • Jay

    Does my children’s father’s name have to be on the birth certificate for me to apply for benefits through his disability payments?

    • Kay Derochie

      Dear Jay,

      Short of laboratory testing,it is harder to prove paternity when the father’s name is missing from the birth certificate; however, the Social Security Administration has a protocol for investigating such a situation.

      Sincerely,
      Kay

  • Barry

    I was just approved for SSD. The decision was “Fully Favorable” which was after being denied the first time without using an attorney. On appeal I took an attorney with me. I was approved without a “Vocational Witness” even being asked a question which my attorney said he has NEVER seen. I, unfortunately paid for my disability with brain surgery gone bad. I know this is not a question yet, but show the approval on just the medical records alone.

    Here is the question:

    I listed my son (and wife for that matter) as dependents, but I did not receive an “award” letter for them. I called the SSA in my hometown and spoke to someone to ask why. The first person told me that I must not have listed him on the application. Then the gentleman read through another screen or something when he agreed that he (my son) was listed. Today I received a letter instructing me to take a “bank statement or checkbook for the account where you would like the payments to be deposited” Sounds deceptively simple, which is great I think but it doesn’t make mention about my wife’s information or what was needed.

    Question 1. What is the next “shoe to drop” issues that I will be facing?
    Question 2. Same question but insert wife?
    Question 3. Does he/she receive “back pay” as I did?
    Question 4. I know I have a “Family Max” after my benefit would that be split 50/50 between son and wife?

    Please feel free to edit my “Comment”. I have been searching the net to try and find answers and I must compliment your website and yourself as an excellent source of information. Kudos to you Kay Derochie!!! Kudos to you!!!

    • Kay Derochie

      Dear Barry,

      It sounds as it your son’s benefits are being processed and you just have to set up a bank account with an account title that shows the money is your son’s but that you are the person with access to it. This is typically done as “your son’s name by your name, representative payee.” If your son is under age sixteen or was under age sixteen for any of the months of back pay you are entitled to, then your wife can apply for young wife’s benefits because she has a child in her care. If that is the case, I suggest that the two of you go to Social Security together, so that you can again assert that you listed your wife on her application. That way, her application will have the same date as yours and she will receive back pay for the same months as you and your son. (He will be eligible for back pay the same months as you are.) Otherwise, her benefits can only go back six months from her application. There’s one other factor needs to be considered and that is whether your wife has work earnings. If she is working, gross earnings over $15,480 cause a $1 reduction in her total annual benefit for each $2 she earns over the $15,480 limit.

      Sincerely,
      Kay

  • Troy

    Please excuse any typos as I am dictating this through an accessibility feature on my iphone. In June of 2009, and at 41 years of age, I lost the vast majority of my vision to ARMD. My application for SSD benefits was approved with no problems whatsoever and my benefits started in December. At the time, I had 2 eligible sons who split 50% of my benefits. When my oldest was no longer eligible, his entire portion was then given to my youngest. My youngest will soon be eneligible due to his age. What will happen to the benefits he is receiving now? Will they revert back to me, or will they cease entirely? Since the benefits have started, we have been sharing around $2k. Thanks.

    • Kay Derochie

      Dear Troy,
      Your minor sons’ benefits have been paid in addition to yours, not as a reduction of your benefits; therefore, when your younger son’s benefits stop, yours will not increase.

      Sincerely,
      Kay

  • Amy

    I’ve just been approved for SSDI, does my dependent child automatically receive benefits too, or do I have to file something separate for that ? How do I go about it? $860 monthly won’t get us far 🙁

    • Kay Derochie

      Dear Amy,

      Your benefit is low enough that either no dependent benefits are payable or only a very low benefit. You can call Social Security at 1-800-772-1213 and ask for the amount of your family maximum benefit. If the family maximum is higher than your own benefit (before any withholding for Medicare premiums or taxes), then the difference between the family maximum and your benefit is the amount payable to your child with a maximum of 50% of your benefit. Your application is an application for your dependents. If the family maximum is higher than your benefit, contact Social Security to be sure that an application for the child is being processed. Usually a birth certificate has to be presented to show relationship.

      Sincerely,
      Kay

  • Jennifer

    Hi Kay,

    My 20 year old son has been disabled since birth. He is currently receiving the maximum SSI benefit. He has been declared incapacitated and I am one of tow court appointed co-guardians (the other is his father purely for convenience should something happen to me). My own physical and mental health has significantly declined to the point I believe I may also be eligible for SSI, probably not SSDI because my work history has been sporadic throughout life partially from caring for him and partially from what I believe to me some mental health issues.

    Currently he attends an activity center at day which helps my ability to care for him mentally/emotionally and he also has an aid that comes in for two hours a day to help him with personal care.

    My first question is will the fact that I am his guardian decrease my chances of being considered disabled?

    Second, if I’m eligible, will we both be able to receive a payment from SSI since we live in the same household?

    Your help is greatly appreciated.

    • Kay Derochie

      Dear Jennifer,

      Your being your son’s guardian should not affect your application for disability. If you are disabled, you will be approved. Two adults living in the same household can receive Supplemental Security Income (SSI) and they are usually presumed to be sharing costs equally.

      Sincerely,
      Kay

  • dog runner

    continue – im 49 and have worked for two companies for the past 26 years. on top of the surgeries i have had, chest pains come into play. my attorny says i have a good case possibly but as stated above the insurence thing has me baffeled. just wondering how to keep my kids covered insurence wise if wife cant put on hers and what am i to do? since knee was worn out and if repair doesnt help the dr said that my hip may need some attention later where most of the pain is at. really confused on what to do with no support at home. wife just thinks i just dont want to work but im the one with the pain for so long. should i feel guilty about filing??

    • Kay Derochie

      Dear Dog Runner,

      Do not feel guilty about filing. You have paid taxes into the Social Security system, which is set up to replace earnings lost due to the inability to work. (Please also see my response to your earlier post.)

      Sincerely,
      Kay

  • dog runner

    question — thinking about applying for disability from many surgeries and unable to perform work duties where i worked at.two neck, one lower back, sholder, knee replacement, and another knee repair surgery in a few days on same one that has come loose. drs have said that i need to file disability. the only issue i have is the 30 month wait time to sign up for medicare. (as have been told) is there anything out there to off set this. my wife can put me and two kids (ages 25 and 17) on her insurence but will cost alot and we just dont have it to pay out.my company i worked for will keep me on their insurence for another year befor dropping me to find my own. struggleing now to pay bills. been off work for almost a year now. what are my options ?? the insurence thing is kinda the sticker in the process for me. im on a time crunch to file and need to know something quick. any help of options???

    • Kay Derochie

      Dear Dog Runner,

      If you became disabled a year ago, then you have already served your five-month unpaid benefit waiting period and either six or seven months of your twenty-four-month Medicare waiting period. This means that by the time your company drops you from their insurance, you will already have served eighteen or possibly nineteen months of the twenty-four month waiting period. When it stops, perhaps you will be able to manage the premiums to be on your wife’s policy for the remaining short period of time before Medicare starts or perhaps you can find a more affordable insurance under the Affordable Care Act (Obamacare).

      Sincerely,
      Kay

  • Sandy

    Hello Kay,

    My adult daughter was approved for SSI earlier this year. But the amount she gets is the maximum minus in-kind support, which is assumed. When I take her living expenses (1/4th of our total expenses), they are less than the total for utilities, food, and housing (there is no mortgage, but I took the property taxes and insurance and divided by 4).

    First of all, do I have to charge some amount for shelter besides property taxes and home insurance? If I do have to charge an amount above property taxes and insurance, then I imagine I would be taxed for any amount above our actual expenses for property taxes, home insurance, utilities and food (the extra would be profit). Taxes might cancel out the benefit of receiving the full SSI amount.

    My daughter fully pays her way with the amount she gets now, as explained above. I can’t find an SSA in-kind form online, but if I do find one, would I have to count her shelter (housing) expenses as anything more than property taxes and home insurance if I have paid off the mortgage? Or is it considered in-kind that I have paid off the mortgage and she gets a deal since she doesn’t have to pay one-quarter of it?

    Thank you for answering all these questions.

    • Sandy

      I mean to say that her 1/4 share of our family’s living expenses (food, utilities, property taxes, and home insurance) amount to less than her current SSI payment, so she can be considered as paying her way. If I add an additional amount to compensate for my having paid off the mortgage, then I might be taxed on that amount.

      If we do something like a lease agreement, I’d still have to pay taxes on any SSI paid over actual expenses, plus I have no idea of all the complexities of leases. I just have an adult disabled daughter I am trying to take care of.

      • Kay Derochie

        Dear Sandy,

        As I said in the response I posted a minute ago, it sounds as if your daughter is a member of your household, so a rental agreement is not applicable. You have no mortgage expense so shelter expenses are only those listed in my previous response–property insurance, property taxes, and utilities, excluding phone and cable.

        Sincerely,
        Kay

    • Kay Derochie

      Dear Sandy,

      If your daughter is not a renter, but a member of the household who shares expenses and she is paying her share of property taxes, property insurance, utilities (not including phone and cable) and her share of food (unless she is buying her food separately), she is eligible for the maximum benefit with no reduction for in-kind support and maintenance. Her share is the total cost divided by the number of people in the household. The increase in benefits occurs two months after she starts or started paying her share. There is no worksheet for this calculation.

      You and she need to go to Social Security to report a change in living arrangements and to make a written statement about her contribution. Take proof of the total expenses (insurance and tax papers and utility bills with you).

      Sincerely,
      Kay

  • Elisabeth

    My ex ( never married) is applying for disability benefits due to a rare eye genetic disorder which is making him go blind. We have a daughter together whom he doesn’t pay child support for. He has remarried and had another child and has a step child. Will my daughter receive benefits still? Since he remarried will that affect the amount of money my daughter recieves? He was an iron worker and owes me somewhere around $11,000 in back child support.

    • Kay Derochie

      Dear Elisabeth,

      Your daughter can receive Social Security dependent benefits on her father’s record, if he is approved for disability benefits. She will share dependent benefits with his other child and possibly his stepchild. If there is a court order for the back child support, his Social Security may be garnished for its payment.

      Sincerely,
      Kay

  • Desiree

    I have applied for SSI as my disability has reached the point that I can no longer work but I did not earn enough credits in the past 10 years to qualify for SSDI. I am now going through a divorce and expect to receive about $500 a month in child support for our minor child that will be residing with me. My question is how will this affect my SSI? I am concerned that this will reduce my SSI by approx $480 a month. My ex has stated that he will cause issues with me in court if he believes that I am using any of the child support for my living expenses. If in fact my SSI would be reduced by any support received (except for the first $20) what would be the point in even pursuing child support. Furthermore, being that I am supposed to be responsible for 50% of the child’s expenses how can I do this if they reduce my SSI when I receive support? Thank you.

    • Kay Derochie

      Dear Desiree,

      If you are approved for Supplemental Security Income (SSI) your child’s child support will not affect your SSI benefit.

      Sincerely,
      Kay

  • Anya

    Hello Kay,

    I see you’ve been answering all questions and responding to comments left in this site.
    I was wondering. My husband is disabled and he gets SSDI. We found out about the dependent benefits about a year ago. So our son also “gets paid.” I am also my husband’s dependent. Shouldn’t all his dependents be getting something? I assumed I “made too much” by working. I have now been working part time for the past year. Will I still be entitled to something? My sister, her kids and her husband all get something.

    Thanks in advance,
    Anya.

    • Kay Derochie

      Dear Anya,

      You may be eligible for wife’s benefits if you either have a child of your husband’s under age sixteen in your care or you are age sixty-two or over. Currently the amount that you can earn before a reduction in wife’s benefits is $15,480 per year. For earnings over that amount, there is a one-dollar reduction in annual benefits for each two dollars gross wages. To find out whether you are eligible, file an application with the Social Security Administration.

      Sincerely,
      Kay

  • Tawanna

    My husband is in the process of being approved for social security disability benifts. I have a daughter which he was fully taking care of prior to him being disabled. Since i work will she be eligible for his disability benefits? My income is only $1000 a month so she still gets her medicaid. Also our first baby together is due in 10 weeks, since i am work will our new baby be eligible for benefits or will she only qualify if we are seperated?

    • Kay Derochie

      Dear Tawanna,

      You should apply for your daughter as she may qualify as a dependent stepchild. You and your husband should make the statement that he was providing her full support at the time he became disabled. Your working will not affect her potential eligibility for Social Security dependent benefits. You can apply for your baby to receive dependent benefits as soon as she is born. You do not have to be separated from her father for her to receive benefits.

      Sincerely,
      Kay

  • SARA COBY

    I AM DISABLED AND MY HUSBAND HAS SIGNED UP FOR HIS RETIREMENT BENEFITS AND HE GETS HIS FIRST CHECK AUGUST 20TH AND THEY HAVE STOPPED MY DISABILITY 1 DID GET 741.00 A MOTH AND NOW I GET 260.00 ON MY WORK HISTORY I JUST WORKED A LITTLE LESS THAN 5 YEARS AND I GOT HURT AND GOT MY COMPENSATION AND THEY HAVE SENT LETTERS AFTER LETTERS TELLING ME I WILL GET IT BACK IN AUGUST BUT YESTERDAY THEY SAID I WOULDNT GET ANYTHING BUT MY 260.00 MY HUSBAND WILL DRAW 1.098 DOLLARS A MONTH ON JULY 4 I BOUGHT A 2012 FORD FOCUS AND IM AFRAID WE CANT MAKE THE PAYMENTS NOW IT BEING 408.00 A MONTH WE HAVE HOUSE PAYMENTS AND OVERDRAFTS I DONT KNOW WHAT TO DO IS THERE ANYWAY I CAN GET IT BACK THE LETTERS THAT THEY HAVE SENT ME ARE ALL DIFFERENT 1 LETTER SAYS I WILL GET 98.00 A MONTH THE NEXT IS 0 I AM CONFUSED THEY TELL ME I CAN GET IT ALL BACK IN AUGUST BUT NOTHING THEY HAVE SENT PAYMENT LETTERS AND TELLS ME TO SENT A 383 DOLLAR PAYMENT AND KNOWING DARN WELL I CANT PAY IT WHEN THEY TOOK MY CHECK THEY SAY THEY OVERPAID ME 8000 IN OVERPAY I AM JUST SO CONFUSED I AM 55 AND HES 62

    • Kay Derochie

      Dear Sara,

      Your and your husband’s Social Security exceeds the federal SSI income limit, which is $1,102, so you will not be eligible for federal SSI. If you live in a state that pays and SSI state supplement, it is possible that the $98 referenced is an SSI state supplement check. I suggest that you take all your letters to Social Security and ask them to explain which ones are correct and why. If you do not understand what caused the overpayment, ask for a specific explanation. You can request waiver of repayment of the overpayment if you feel the overpayment was not your fault (you reported your family’s income change right away) and you cannot afford to pay.

      Sincerely,
      Kay

  • Beverly Rodriguez

    I am currently on social security and receive the benefits for my kids. I had a baby while disabled, is she eligible to receive benefits as well??

    • Kay Derochie

      Dear Beverly,

      Yes, your new baby is eligible for benefits. It is likely that the total amount being paid for the children now will not go up, but you should apply for her and have part of the money in her name to protect her. Also, if you remain disabled, she will receive benefits after the other children are of age and no longer eligible.

      Sincerely,
      Kay

  • Christina

    My husband is completely disable and receives disability. His daughter receives $600 in dependent benefits, but her mother is asking for child support as well. Can she get both? If so, how would they determine how much child support he would pay if the money he receives helps to support a household of four?

    • Kay Derochie

      Dear Christina,

      If there is no support order now, when your husband goes to court he will have an opportunity to present the fact that the child receives $600 a month in dependent benefits and to list the dependents that are supported with his own income. If a support order was in place before dependent benefits began, he can go back to court and ask for a new ruling based on his new income and the dependent benefits being paid.

      Sincerely,
      Kay

      • Angelo

        hi I was blown up in Iraq in 2006 I retired from the army in 2008 because of my brain damage I get ssd me and my wife split and she gets the money for my kids and also they take more then half my check for child surpport before I even get it I just had two more kids with my new fiancé I have not added them yet can is this right my ex get all this money from my ck and how do I add my new kids to my claim also can I get ssi with my ssd

        • Kay Derochie

          Dear Angelo,

          You are your fiance can apply for benefits for your children younger children at any Social Security office. You can go to court to see if the judge will change the child support order due to the children receiving dependent benefits on your account.

          Sincerely,
          Kay

  • Tammy

    I have a question and not exactly sure where to ask it. I hope I get a chance to use this as a starting point.

    A few years ago I helped my ex husband file and win his disability case. My children receive the dependent benefits. At the time I was still in the home and I am almost positive that they used my income as a factor in the household income amount(I could be wrong though) ……well we have been divorced now for over two years what I am wondering is should the kids benefits changed when the divorce was complete and we lived separate homes for 3 years prior to the divorce?

    How do I find out the family max? since I am considered a representative am I still able to get that info?….I know I will have to go to the local office eventually but I want to there with a little bit of knowledge…..thank you for your help….

    he gets 793 a month and child 1=83 child 2=83….it just seems very low to me

    thanks for any and all input

    • Kay Derochie

      Dear Tammy,

      Your ex-husband has a fairly low primary insurance amount, so it is possible that the family maximum is being paid out. As representative payee for the children, you may be authorized to inquire about the family maximum and the children’s payment amounts. Because the family is receiving Social Security benefits, the children’s benefit amounts are not affected by your income. Work earnings do affect eligibility for dependent benefits as a young spouse or ex-spouse with children under age sixteen in your care. If you are working and earning too much, you are not eligible for benefits based on having children in your care. I am not sure whether you are asking this, but I will say that the children’s benefits should always be paid to the parent who has custody.

      Sincerely,

      Kay

  • Vicki

    My son receives disability benefits from his biological father. My husband (his stepfather) is in the process of applying. Can my son receive benefits from him as well?

    • Kay Derochie

      Dear Vicki,

      Your son may be eligible for dependent benefits from his stepfather if he is financially dependent upon him, which he might not be given that he has income from Social Security. If your husband is approved for benefits, apply for benefits for your son so that Social Security can evaluate whether or not he meets the dependent stepchild requirements to be eligible.

      Sincerely,

      Kay

  • Jeanna

    I am wanting to know if my husband gets approved for ssd and we r sperated at the time is my children able to get benefits still.

    • Kay Derochie

      Dear Jeanna,

      Your husband’s children can receive Social Security dependents benefits whether or not they are living with him. If you are talking about children who are his stepchildren, then they have to have been financially dependent upon him at one of a couple points in time. If he is approved and the children are stepchildren, file an application for them so that Social Security can gather information to make a determination as to whether they meet the dependency rule.

      Sincerely,

      Kay

  • Joey

    I’m 59 and been living on SSI since 2004 due to work related injuries and fibromyalgia. I also live in HUD subsidized housing.

    I’ve met the love of my life who is 60 and he still works full time but does not make enough to support us both if we marry and he also has no health insurance so I need to keep Medicaid. We also believe in marriage to be morally right in God’s eyes so we want to do that but if we marry but keep separate addresses, can I keep my SSI and Medicaid?

    • Kay Derochie

      Dear Joey,

      If you do not live with your husband (you both really have separate residences), his income and assets will not affect your eligibility for SSI.

      Sincerely,

      Kay

  • Dom Paone

    Hi, I’m a postal worker….I’ve had a ruptured disc in my back for the last two years, and have had to take off work periodically when the pain flared up too badly to work. Over the last few months, the pain has gotten incredibly worse, to the point where I’ve only been able to work 2 or 3 days a week. I had an ortho, but he started telling me to ignore the numbness I was feeling, and was pushing epidural shots for the pain. My chiro said to STOP seeing him, and sent me to a neuro specialist.
    Now, I’ve fallen at work, and injured my back farther up, AND my neck. I’ve applied for workman’s comp..and am awaiting results for Neuro tests…as well as pulmonary tests (my pulmonary specialist thinks I have COPD aggravated by my severe scoliosis). I am 55 years old….do you think I have a chance at getting disability (ssdi)? thanks.

    • Kay Derochie

      Dear Dom,

      To be eligible, you must be unable to perform work you have done in the past. You do not say how long you have been in the same occupations or whether you have worked in other occupations, but you are listing what seem to be several significant conditions. I suggest that you apply to get a formal decision. Be sure to list all your conditions, including the scoliosis, no matter how long you have had them. List all medical providers, tests, and treatment as well as planned treatment.

      Best regards,

      Kay

  • Lisa

    I was given full custody of my five year old grandson from the court. I draw social security as well as my husband. Can my grandson draw

    • Kay Derochie

      Dear Lisa,

      Grandchildren who have not been legally adopted by their grandparents are eligible for Social Security dependent benefits only if both parents are either deceased or disabled receiving Social Security or SSI benefits.

      Sincerely,

      Kay

  • Shannon

    My husband has chf, cad and pacemaker. Also history of several heart attacks and strokes. He is unable to work, as soon as he gets mobile or trys to play with kids he gets dizzy or swells up. Between 2010 and 2013 he had 20 hospital stays, several angiograms, stents(that failed) and stays for blackouts or unalbe to breathe. He applied for SSD in 2012 was denied 2 times, with the second appeal and hiring of atty, he was granted a hearing with ALJ. The ALJ denied him and this was appealed based on several factors and medical items the ALJ didn’t see. We had to appeal that by May 11th. How long does it take to hear back from that appeal? The other question is his atty doesn’t call him back, and we might be lucky to get an email from him. Can he switch atty’s through this process or does he have to stay with the same one through this? We hired the atty in 2013.

    • Kay Derochie

      Dear Shannon,

      It can take as much as two years to get a decision on an Appeals Council review. I suggest that you look at the terms of the agreement that your husband signed to see if there any provisions in the agreement that prevent your husband from terminating the attorney’s services at this point. If you do terminate services, be sure to do it in writing and file a copy of the termination with the Social Security Administration.

      Sincerely,

      Kay

  • Kyra Longhway

    My daughter is 18 and still in school. her dad and i are divorced. he applied for disability when she was 15 or 16. he recently got a partial payment of the back pay owed to him and started getting his monthly checks. since my daughter was still a minor when he applied, is she eligible for any of the back pay he is still due?

    • Kay Derochie

      Dear Kyra,

      If your ex-husband’s benefits were approved back to when he claimed disability, your daughter could be eligible for dependent benefits up to her eighteenth birthday. Benefits will be paid if your husband’s own benefit is high enough for additional family benefits to be paid. Because your daughter is of age,she should contact Social Security with her father’s Social Security number and apply for benefits.

      Sincerely,

      Kay

  • victoria

    Hi..I have a 4yr old and she does not know her biological father..the man I have been with for years signed her birth certificate as her father.I was in prison..he raised her and her sister. Now I am out and he is an alcoholic. I’ve begged him to stop drinking but he won’t. I am on parole and will go back to prison if caught around alcohol. I need to know if I move out and my girls are with me can I go to the social security office and change the representative payee of her check. He has been the payee for four years and he will not give me her money. When we move I will need that to help care for her. he said if I try to change it he will go and tell them she isn’t his child so she won’t get it n e more. Can this b done? This is a child he raised . He is the father on her birth record. And he ha claimed her on his taxes for four years. Can he really get her benefits stopped.? And isn’t she legally his child if he signtd the birth record. He knew she was not his.

    • Kay Derochie

      Dear Victoria,

      I recommend that you get legal advice regarding the paternity issue as related to whether the information he gave on the birth certificate can be rescinded. With regard to Social Security dependent benefits for children, for your daughter to receive Social Security benefits on the man’s Social Security, he must be her biological father, stepfather supporting her, or adoptive father. If he is able to establish that he is not her father and reports it to Social Security, he will likely have to repay all the money that he received for her. He may also have a problem with tax laws. If your daughter continues to be eligible for benefits, the benefits should be paid to the parent with custody.

      Sincerely,

      Kay

  • karen

    Dear Kay,

    I have been disabled since 1995. I was on SSI. I have a son who was also classified as Autistic. He then was receiving SSI disability in his own right. About 2 years ago my SSI rolled over to SSDI because of earned work credit. My son now is only receiving 50% of my check as a “Dependent” and not as a disabled child. my full income from SSDI is $1250.00 per month. I have been a single parent since his diagnosis at age 2. They say he is not eligible for the SSI disability payment anymore because my income is too much!!!. What happens in a year when he turns 18? Does he have to qualify all over again? Do they look at his original record of disability, and their own Doctors review? Will he be able to receive a higher amount at 18 because of my earned quarters?

    I appreciate any help and advice you could give.
    Best Regards,

    Karen

    • Kay Derochie

      Dear Karen,

      About three months before your son turns eighteen, he can apply for Supplemental Security Income (SSI) as an adult and also for Social Security disabled adult child benefits on your account. If he has no other income than his Social Security dependent’s benefits and he is paying his share of shelter and food expenses, he will be eligible for a small amount of SSI to supplement his Social Security. Your income will not affect his SSI benefit.

      Sincerely,

      Kay

  • PJ

    How is it determined whether you get 150% or 180% under SSDI for family max? All my calculations show only getting 150% which is my full individual amount plus 50% of that for my children so how can you get 80% on top of your individual amount? See below the information off SSDI website.

    Maximum Family Amount

    Each family member may be eligible for a monthly benefit of up to 50 percent of your disability rate. However, there is a limit to the amount we can pay your family.

    The total depends on your benefit amount and the number of family members who also qualify on your record. The total varies, but generally the total amount you and your family can receive is about 150 to 180 percent of your disability benefit.

    If the sum of the benefits payable on your account is greater than the family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected.

    • Kay Derochie

      Dear PJ,

      The percentage of the primary insurance amount (PIA) that makes up the family maximum depends on the worker’s earnings. The higher the earnings the higher the percentage. Very low earnings and low PIA result in no dependent benefits being payable; that is, the family maximum is the same as the PIA.

      Sincerely,

      Kay

  • jeanine

    HI, I have a question my husband gets social security and has a child out of wedlock with a women. The child receives his benefits and she just got married and if the spouse adopts the child. Will they still receive benefits. thank you

    • Kay Derochie

      Dear Jeanine,

      I believe that the child’s benefits will continue even if he or she is adopted by another person. To be sure, check with the Social Security Administration.

      Sincerely,

      Kay

  • Christina

    My husband is currently on SSDI and we are expecting. He has a child from a previous relationship that receives almost $600 per month. I would like to know if our baby would be entitled to anything from his benefits and if his child from a previous relationship would lose part of her benefits? Also, how would I go about getting our child benefits if he/she is entitled?

    • Kay Derochie

      Dear Christina,

      The child you are expecting will be eligible for dependent benefits when he our she is born. You need to apply for benefits for the child. The other child’s benefits will be reduced. If the full family maximum is already being paid out, each child will receive $300.

      Sincerely,

      Kay

  • Sister

    My brother recently found out his ex-wife is getting social security payments for their 3 children while he was trying to sign his kids up for health insurance. My question is, should she be claiming them if he is the primary guardian and has primary physical custody (spending the majority of the time at my brother’s)?

    If the money is supposed to be used for the children, but they aren’t there for more than half of the month, should they still be claimed by their mom? Also, who would he talk to if she shouldn’t be claiming them?

    • Kay Derochie

      Dear Sister,

      If you are talking about claiming the children as dependents on a tax return, your brother needs to talk to the IRS about tax laws. If you are asking whether your brother should be representative payee and receive his children’s Social Security benefits, then my answer is “it depends.” If the physical custody is close to an even split then it could be appropriate for the mother to transfer some of the money each month to your brother for the children’s food. Other factors to consider are who does the most clothes and school-supply shopping for the children and so on. On the other hand, if your brother has the children three-quarters of the time, then it could be appropriate for him to receive the benefits and transfer some of the money to their mother. I recommend that he discuss with the Social Security Administration who should be payee for the benefits.

      Sincerely,

      Kay

  • amanda

    My husband draws disability and my son draws a check off him. We now have a four month daughter. Will she draw a seperate a mount or will they split his between the two.

    • Kay Derochie

      Dear Amanda,

      If the family maximum is already being paid out, the amount being paid for your son will be split between him and his sister. If the family maximum is not all being paid out, then each child will get somewhat more than half of your son’s current benefit. Even if the total amount does not go up, you should apply for your daughter.

      Sincerely,

      Kay

  • mike

    I have been getting ssi ssdi or other benefits under my fathers ssn from the time I was 16 my father died in 2009 and I n 2010 I started receiving a second check and now they claim on one record I was under paid and the other I was over paid the difference being me over paid over 9 thousand dollars. I have no money to pay this back and I was refused a waiver what are my options?

    My other question involves the time I was determined to be disabled vs when I could’ve been disabled. According to my mother I have had severe asthma from age 5 and was born with a sloppy knee joint that became runners knee. Both of those sent me to the hospital many times and the knee required a knee brace, crutches and physical therapy. My parents didn’t know if I was elegable for benifits or not. I have only recently heard I might have been elegable for benifits before age 16 is it true? If true how do I go about getting those retro benefits?

    There was a time also when my fathers work place was on strike and he was working 3 jobs and they still couldn’t cover all the bills at the time my grandparents all deceased now chipped in to get my brother and I things we needed clothes food etc. Does that affect anything at all?

    • Kay Derochie

      Dear Mike,

      With regard to the overpayment, you can ask to have a repayment plan set up so you can make monthly payments.

      Dependents and survivors benefits for children under age eighteen are paid whether or not the child is disabled; therefore, you would have become eligible when your father died. For benefits to continue after at age eighteen, you had to be eligible for disabled adult child’s benefits, which are payable to individuals age eighteen and over who became disabled before age twenty-two. At present it doesn’t sound as if you were eligible for Social Security before your father’s death in 2009.

      Disability benefits are also paid to children under the Supplemental Security Income (SSI) program if family income and assets are below prescribed levels. SSI does not pay retroactively and you can not claim benefits now for the years before you were sixteen.

      Sincerely,

      Kay

  • Oj Santamaria

    Dear kay,
    I am a retired marines, it is a medical retirement since I got hit by a shrapnel in Iraq. So I got my social security disability. Got married 2007 and got separated last October 2013 and left US also the same month and year we got separated but we’re still married and no children coz I thought I can file divorce here in Philippines. My ex wife was my payee ever since I got my social security disability. When I left US last October 2013 I didn’t change payee yet coz we still have 3 month left in our apartment contract so my ex wife still my payee and we talked about sending my money after our contract in our apartment BUT what she did was, she didn’t pay our apartment for 3 months and I never receive any of my disability money. So I made a move here in Philippines, I went to US embassy here to file complaint of what she did and asking them if I can change the payee, and the payee is me. I have a letter from VA that I can handle my own money. My question is can my ex wife stop the changing of payee? Does she have the right of my social security disability now that we are separated? And lastly do you think I can get MY social security disability from my ex wife?

    • Kay Derochie

      Dear OJ,

      You have a good chance of having your benefits changed to your name because you have a letter from your VA doctor. Your ex-wife probably would not be able to influence the decision. The only ways you can get the misused funds would be for your wife to refund the money to you or to the Social Security Administration. If you wish to pursue the money, you probably need legal advice.

      Sincerely,

      Kay

      • Oj Santamaria

        Thank you so much for your help Ms. Kay. Have a great day.

        • Kay Derochie

          You are welcome, O.J.

  • Jennifer

    My husband recently medically retired from the military. He is collecting ssdi. He has an appointment to apply for our two young boys for benefits. My question is, will they know if the boys are approved right then? If so, will he be able to get a letter as to what the increase will be? We are in the process of trying to purchase a house and the letter of approval will help give us some wiggle room in the purchasing department. Thank you

    • Kay Derochie

      Dear Jennifer,

      Your husband should be able to get a letter stating the amount the children will be receiving in Social Security dependents benefits once their claim is processed. If your husband has been invited to file the claim for the children, they will be approved.

      Sincerely,

      Kay

  • Kathy Seymour

    Dear Kay,

    My daughter is 22, was recently approved for SSI due to an Intellectual Disability from a rare birth defect that went undetected for 20 years called Chiari-Malformation. She received decompression surgery (brain surgery) 10 days after diagnosis. She needs 24/7 supervision because of impulsive behaviors that put her life in danger. She was approved for services by a Regional Center in California who have neglected her needs. The Office of Adminstrative Hearings are dragging their feet and I am now being forced to quit my job to care for her needs. Can I receive disability in order to tae care of my daughter who has a congenital brain injury?

    • Kay Derochie

      Dear Kathy,

      If your daughter’s father is insured for Social Security or is deceased or receives Social Security benefits, you could apply for disabled adult child benefits for your daughter and mother’s benefits for yourself if you are married (or were married for ten years or more) to her father and have her in our care. Otherwise, I suggest that you contact your local health and human services department to see whether there is any program that pays for home care provided by a relative.

      Sincerely,

      Kay

  • Mary Lee

    Hi – I have a few questions about my disabled dying brother and the woman he just married. My brother has been collecting SSDI for almost 2 years now. He is dying and on a transplant list that my never happen. He met this woman and they married after 2 months of dating. Mind you he is dying. She has two very young children by a different man and she also receives child support from thier father in the amount of $900 per month. My brother has one child with his ex wife who recieves his portion of the SSDI. The new wife has been bragging that when he dies she and her children will collect on his benefits and she will never have to get a job. Currently she doesnt work and hasn’t since we knew her. We all know she married him because he is dying – what is the rule on this? Can she collect SSDI off of him when he passes? Can her children collect from my brother as she is already receiving support for form their father? What about his biological child? This is an awful thing and my brother is to ill to even fight.. Please let me know so that if need be I will intervien.. Thank you

    • Kay Derochie

      Dear Mary Lee,

      Your brother’s new stepchildren will qualify for benefits only if he has been married to their mother for nine months at the time of his death and they were financially dependent on him as defined by Social Security law. Their child support would not affect their survivor benefits.

      Rules for widows under age sixty (or under age fifty if disabled) are multi-faceted. Your new sister-in-law may or may not be eligible for benefits. As a side note, your brother’s ex-wife might quality for benefits if they were married ten years or more and her earnings are not too high. Any benefits paid to her would be outside the family maximum and would not affect the amount of benefits paid to the rest of the eligible survivors.

      Sincerely,

      Kay

      • Mary Lee

        Thank you for your response. I can not believe that the law works in favor of someone who has clearely only married for money. My brother hasn’t worked for at least 4 years and like I had stated earier he was disabled and dying way before he met her. I could understand her and her children qualifying if he became disabled after they were married but not being disabled so many years before. So in otherwords any who is given 1 year to live can indeed marry and let the spouse’s children benefit if they make it to the 9 month mark. Interesting indeed…

  • John R

    Hello,

    I have recently filed for SSDI as I am unable to work. I have two biological children that do not live with me and two stepchildren that live with me. Will they be entitled to benefits if I am approved.

    • Kay Derochie

      Dear John,

      If you are approved for benefits and your benefit is high enough that the family maximum is more than your primary benefit, your biological children will be eligible for dependent benefits. Your stepchildren who live with you will also be eligible if you were providing at least half of their support when you became disabled.

      Sincerely,

      Kay

  • michael brewer

    I am on full disabilty and receive a check for me and a check for my 3 year old daughter.My wife has full custody of my daughter.im order to pay 79 a week in child support and pay42% of medical bills,the divorce gives me credit for 92 days of year i will have her.do i call ssdi and tell them my daughter is no longer living with me.i use to get around 650 a month for her.now that my wife has her do i call sssdi and tell them?will i lose the 650 a month im getting now.only way i can pay child support is with that money and also i have here 90+days a year.so will i lose all the 650 i get for her now or will i get to keep it to make child support payments and use the rest on her medical and living expenses when she with me for 90+days.anyone else been thru this and have any advice please help.

    • Kay Derochie

      Dear Michael,

      You do need to report that your child is not with you. Your wife needs to apply to be your daughter’s representative payee and receive her benefit. It would be appropriate then for your wife you give you some of the benefits for the three months total that she is with you each year. As far as the child support goes, I have heard of people going back to court and getting a reduction in child support because the child is being partially supported by Social Security dependent benefits from the person’s Social Security record. You might try that.

      Sincerely,

      Kay

      Sincerely,

      Kay

  • George

    Hello Kay,

    I am on Social Security Disability insurance since 1998. About 10 years ago my family and I moved to Europe. We have a 10 year old son and he is also getting benefits after me. In August my wife and my son would like to move to NYC and continue his schooling there. They would like to stay there for only a year or two and then return to Europe.
    My question is are we going to loose my sons SSD benefit if we live apart for a year or two? Also do we have to notify SS administration? If yes, what kind of forms should we fill out so that my son would still get the benefit? Or would SS administration not permit us to do this? Also if SS administration permits this, would my wife and son be able to get some kind of affordable health insurance for themselves?

    Thank you, George

    • Kay Derochie

      Dear George,

      You need to report your son’s move to NYC to the Social Security Administration. If you are his representative payee, his mother has to file an application to be representative payee. I do not know the answer about health insurance. You might contact the Insurance Commissioner of the State of New York for a list of insurance carriers licensed to do business in the state. You might also look into whether moving back into the country is a “qualifying event” under the government’s Affordable Care Act so that they could enroll before the November open enrollment period and get coverage before January 2015.

      Sincerely,

      Kay

  • Judy

    My husband and I have been seperated for many years. I am disabled and recieve SSI. My husband has applied for SSDI 6 months ago. He was diagnosed with advanced lung cancer just a week ago and has only 6 to 8 months to live. Can he move in with me so I can take care of him and I keep my SSI? He has no income. When he dies will I be able to get his SSDI?

    • Kay Derochie

      Dear Judy,

      As long as your husband has no income and the two of you have countable resources (assets) below $3,000, your Supplemental Security Income (SSI) will not be affected by his moving in with you. (Note that if he was buying or owned the home he lived in, it will become a countable resource when he moves out and would likely make you ineligible for SSI). Assuming that your combined assets are low enough for SSI, once he starts receiving SSDI, his SSDI will be considered in determining whether or not you are still eligible for SSI. If his SSDI makes you ineligible, your SSI can be reinstated without a new application if your are ineligible for less than twelve months.

      When he passes away, you can apply for reduced widow’s benefits if you are age sixty or older or you can apply for reduced disabled widow’s benefits if you are age fifty or older. Also, if you are living together when he dies, you can apply for a one-time $250 death benefit.

      Sincerely,

      Kay

      • Judy

        My husband who moved in with me with no income a few weeks back was just approved for SSDI. He will get 2,071.00 a month starting July. I am disabled and have been getting SSI 721.00 a month. Will I have to give up my SSI and if I do will his payment go up or remain the same? My husband has only 6 to 8 months to live. I am 60 years old. Should I apply for reduced widow’s benefits or reduced disabled widow’s benefits or are they the same amount and would it be more than my SSI payments? Thank you so much for your help.

        • Kay Derochie

          Dear Judy,

          You will become ineligible for Supplemental Security Income (SSI) benefits the month that your husband actually receives his first check because you are married and living in the same household. When he passes away, you might qualify again.

          It is correct that you can apply for reduced widow’s benefits at age sixty. Unreduced widow’s benefits at your full retirement age of sixty-six would be the same as your husband’s benefit $2,071. If you take early benefits there is a reduction. For example, at age sixty you would receive 71.5% of the benefit, $1,480. (See reduction chart at http://www.ssa.gov/survivorplan/survivorchartred.htm.)The reduction is permanent. There are many choices involved in deciding whether to take early widow’s benefits. Also, you need to find out whether you can take SSI and leave the widow’s till full retirement age or you would be denied SSI because you could get the widow’s benefit and chose not to. Another option would be to apply for disabled widow’s benefits for the purpose of becoming entitled to Medicare before age sixty-five. (Medicare begins after twenty-four months of disability benefits.) Again, when your husband passes away, you need to talk with a claims representative about your choices.

          Sincerely,

          Kay

          • Judy

            Hello again, One last question. Since I can no longer get SSI, will my husbands SSDI monthy amount go up since we are living together again? Thanks Again!

            • Kay Derochie

              Dear Judy,

              Your husband’s Social Security Disability payment will not increase because you are living together.

              Sincerely,

              Kay

  • mary

    My son gets benefits from his dead father I have two other kids that don’t ‘receive any benefits because they don’t have the same father I was told by a friend that I could apply for services for the two kids and myself from the department of social services I would like to know if they are right do anyone have a answer for me

    • Kay Derochie

      Dear Mary,

      Social service benefits vary from state to state. I suggest that you contact your local social services office to see if you can get cash assistance and/or food stamps.

      Sincerely,

      Kay

  • juli

    my mother has (SSI ) benefits and I`m her Daughter ,I`m always with her and I`m nursing her because she can`t accept other person as be her nurse that I can`t work ,can I get the family maximum or any income from social security?

    thank you

    • Kay Derochie

      Dear Juli,

      There is no benefit available from the Social Security or Supplemental Security Income (SSI) programs for care providers. I suggest that you contact the Health and Human Services Department of your state or county to see whether there are any programs that will pay for home care given by a relative. Be prepared with a list of all the different types of services you perform for your mother and a letter from her physician that gives her diagnosis and the reason she needs constant care.

      Sincerely,

      Kay

  • R. Lynn

    I am helping a friend who has Alzheimers (54 yrs old) and she has 5 children – she is divorced from their father – he passed away about 7 yrs ago and her children have been receiving social security benefits. She has a daughter who just graduated high school and is going to go to a vocational school in the fall. Will she be able to collect any type of benefit from social security during her time in school. Her mother is collecting social security disability currently (state of WI).

    • Kay Derochie

      Dear Lynn,

      The child who will be attending vocational school will not be eligible after she turns eighteen unless she is disabled. If she is disabled, should could apply for disabled adult child benefits on her parents’ earnings records.

      Sincerely,

      Kay

  • Danny

    My step sons biological mother receives disability for mental issues. The child lives with his father and I full time. Mother gets supervised visits of 9 hours a month(at the moment). When she was approved(after hearing) she said that the child MAY get money from it. We never heard anything about it again. If she does get money for him she is pocketing the money herself. It’s been 17 months since the child was in her care for more than 3 hours. How can we find out if she is pocketing his benefit or if he is even eligible? Would she have to show custody papers? Father has had primary custody for 7 years. Child has never lived with mother.

    • Kay Derochie

      Dear Danny,

      If your stepson’s biological mother is receiving Supplemental Security Income (SSI) disability payments or a very low Social Security Disability (SSDI) payment, your stepson is not be eligible for dependent benefits. If you have the mother’s Social Security number, your husband can go to Social Security and apply for benefits for his son. If benefits are already being paid, he will be told.If that’s the case, he can then file to be payee for his son’s benefits. He should take the custody papers with him; however, the child’s mother would not have been asked for custody papers. If you do not have the mother’s Social Security number, your husband can explain the situation and ask Social Security check the child’s number to be sure funds are not being misdirected and misused.

      Sincerely,

      Kay

  • ebony

    My husband receives. SSD not from his own earning of wages because he is disabled he never worked we are expecting a child we have been married over a year would I be eligible for dependent support?

    • Kay Derochie

      Dear Ebony,

      Please clarify whether your husband is receiving Social Security disabled adult child benefits or Supplemental Security Income (SSI) benefits. Once I know that I will be able to respond.

      Thank you,

      Kay

  • Mark Lionel

    Hello Kay,

    I was approved for SSDI and received my back pay in May. I have a scheduled appointment for my 2 year old son in June to claim his Dependent benefits. He is a dual citizen who has. US certificate of birth abroad from the dept of State and he also has a US Social Security Number. I know my wife can’t receive any dependent benefits yet because she is undergoing the immigration process at the moment and doesn’t have a SSN Yet. I have my sons original documents so is there anything that I am missing in this situation that could prevent him from getting dependent benefits?

    • Kay Derochie

      Dear Mark,

      It sounds as if you have all the necessary documents for your son’s application. Again, whether benefits are payable while he is abroad depends on the country he is residing in.

      Sincerely,

      Kay

  • erica m

    Hi, my husband gets veterans disability at 75 or 80 percent. Does this allow our children to qualify. And do the children have to be in school to recieve benefits. My husband and i are army vets. How do i apply for disabilty. We are in boston mass.

    • Kay Derochie

      Dear Erica,

      Please clarify, are you asking about VA benefits or Social Security benefits for your husband’s children? Also, are you inquiring about applying for VA or Social Security Disability for yourself?

      Sincerely,

      Kay

  • Marc M

    Kay,

    Hello Ma’am, i was approved for benefits in April and I will start receiving month. My son is a dual citizen and he has a Certificate of Birth Abroad issued from the department of State and also a SSN. He and my wife currently reside in another country, because my wife is waiting on her Immigrant paperwork to be finalized. I have my appointment to claim my son, in July, and I just want to make sure he will be eligible? I know my wife cannot be approved dependent benefits because she doesn’t have a US SSN yet, but my son does; is that correct?

    • Kay Derochie

      Dear Marc,

      Whether or not your son can receive dependent benefits while he lives abroad depends on the country he is in. There are barriers to payment to some countries.

      Sincerely,

      Kay

  • amber

    So I have a question. I get ssi and ssdi. I am getting ready to get custody of my 6 year old son and I am pregnant with my second child. My boyfriend and I will be living together but his checks aren’t that great because he pays child support. Can I get benefits for the child I am pregnant with now and once the custody thing is finished can I get benefits for my 6 year old and will it make a difference that my boyfriend is my payee?

    • Kay Derochie

      Dear Amber,

      If your SSDI is high enough, your six-year-old should already be getting Social Security dependent benefits. When he moves in with youand your boyfriend and you have custody, if your boyfriend continues to be your payee, he could apply to be payee for your son. Dependent benefits cannot be paid for the child you are carrying until it is born.

      Sincerely,

      Kay

  • Arline Hernandez

    Hi, I went to my hearing on Feb 6th 2014! Over 90 days ago! I have Pots Syndrome. The rehabitation specialist that they called in said that any workplace would have to give me special conditions and that would not be likely that I would be able to gain employment. She saw was in my favor. I have not heard anything. I called last week and they just say that it’s being worked on still. Could this mean that it’s taking long because they need to figure out the numbers and payments? Or are they taking long to write a very lengthy letter denying me. It’s been 3 1/2 months! My depression has set in very bad- on meds. My fibromyalgia is aggravated and I’m out of funds! I’m stressed. Is there any law that says they need respond by at least a certain time. This has been almost 3 years now…. Thank u

    • Kay Derochie

      Dear Arline,

      Your claim is still awaiting a medical decision. It has not gone to the payment calculation stage as yet. There are guidelines for rendering hearing decisions, but they are often not met. The information you received indicates that the judge has not yet made the decision. The length of time your decision has been pending is not an indication of what the decision will be.

      Sincerely,

      Kay

  • VenitaR

    Hi Kay I’m receiving SS because I have CLL (Chronic Lymphocytic Leukemia) I’m in on-going treats and have been off and on for a several years. I have 2 boys ages 17 and 14 who receive a small portion of SS from my benefits. My question is my son will be 18 in January in his senior year of high school I notice that you’ve been telling people that he will possibly continue to receive that until he graduates. He is ADHD/Aspergers and has been on meds and doctors care since he was 7. Will I have to contact SS or will they contact me when he reaches 18? and could he qualify for SS on his own? I’m not sure what I need to do or what he needs to do once he turns 18. I know his child support will continue until he graduates but know nothing about what to do with SS when he turns 18 and up until he graduates next year.

    • Kay Derochie

      Dear Venita,

      Three or four months before your son’s eighteenth birthday, notify Social Security that your son is still in high school. Minor child’s benefits can continue through the month before graduation. For your son to continue to receive dependent benefits on your record, you also need to file an application for him to receive disabled adult child’s Social Security benefits on your record. This should also be done three or four months before his eighteenth birthday. At that time, you could also inquire whether he would be eligible for Supplemental Security Income (SSI) disability payments to supplement his Social Security once he turns eighteen.

      Sincerely,

      Kay

      • VenitaR

        Thank you so much Kay for guidance. I didn’t think you could get both SSD and SSI at the same time. Do I ask if he can get both or do I ask if he can get one or the other? He will be working with DARS to try to help him find and get a job. They’ve asked if he has applied to SS already but since he is only 17 and I already get SS he can’t get it on his own yet. Would he have to wait the 2 years for Medicare or would he have to apply to ObamaCare because he has to see a doctor regularly for his medications?

        • Kay Derochie

          Dear Venita,

          You can ask to apply for both benefits, SSI and disabled adult child benefits. The two-year waiting period for Medicare coverage would apply.If he approved for Supplemental Security Income, he might qualify for Medicaid. In the meantime, it would be appropriate for him to apply for ObamaCare. The next open enrollment period begins in November 2014, but if he now has insurance and loses it due to a qualifying event, he can apply outside the open enrollment period. Check with a medical insurance broker for information about qualifying events.

          Sincerely,

          Kay

  • Eli

    I am 35 years old and work full time. I injured my back and had surgery at the age of 31. I injured my back again 2 yrs ago and need to have surgery again. Unfortunately, I can not afford to not work. The neurosurgeon told me that the second surgery has a very low rate if success. I have to take medicines daily so that I can work, due to the pain and other symptoms that I have. In my field of employment, it is not allowed to take any type of pain medication before or during work. Is there any way of filing for disability while still working? My back injury is only getting worse and I can not quit work for 6 months, I am the only income provider in my household. If I don’t work, we will lose everything. Thank you for your assistance.

    • Kay Derochie

      Dear Eli,

      If your earnings are more than $1,070 gross per month, you will not be approved for Social Security Disability. I suggest that you check with local social services department to see what kinds of assistance if any you could qualify for while you waited for a decision if you were to stop work or reduce earnings. Also, at your age, you have to be disabled from all occupations, which you may not be. Another alternative would be to contact your state’s department of rehabilitation to ask them to identify occupations you might be able to switch to that would allow you to take pain medications. Also, check with your employer’s benefits department to find out whether they have a short-term disability policy that would pay benefits while the claim pended.

      Best regards,

      Kay

  • Dyan

    I am going back a number of years so I don’t remember all of the details, but on the advice of my tax preparer I am trying to find out why I never received survivor benefits when my husband died, and if I can collect them now.

    My husband became disabled about 10 years ago, and he applied for and received SSDI. We were both in our mid-to-late 40s. I was working. Our young daughter also received benefits as a result, but I did not receive any benefits. I assume this was because I made too much money, but don’t recall.

    My husband died in 2008. My daughter, then 11, received survivor benefits in addition to the benefit she was already getting. Again, I did not receive any benefits. I would have been 53 at the time, and still working. My annual salary was around $90K. Do you have any idea why I would not have received a survivor’s benefit? Was it because of my income level? I probably got a letter from SS about this but I don’t remember.

    A year after my husband died, my financial circumstances changed drastically when I was laid-off. Luckily, I was able to “bridge” to my retirement and collect my pension. Currently, I am 59, receive the pension and work 2 part-time jobs, with an annual salary of around $40K. My daughter will soon age out of her SSDI benefits. Will I finally be eligible to collect survivor benefits when I turn 60? Am I entitled to any retroactive payments from 2008? If I am eligible for any of my husband’s SS, how will working or my pension affect the amount, and will it affect my own social security? Thanks for any help.

    • Kay Derochie

      Dear Dyan,

      When you were working and earning 90k per year, you were not eligible for young surviving spouse’s benefits for having a child under age sixteen in your care because of your high earnings. Whether you are now eligible with earnings of 40k depends on how high your benefit would be as a young widow (under age sixty) with a child in your care. The same holds true when your daughter turns sixteen. At that time, whether you can qualify as a widow over age sixty, will depend on whether your earnings at that time and the amount of your reduced widow’s benefits. Currently, work earnings over $15,480 cause a $1 per year reduction for every $2 of earnings over the $15,480 threshold.

      If your earnings have been higher than your husband’s, benefits on your own record could be higher than even unreduced widow’s benefits. If that is the case, you could consider drawing the reduced widow’s benefits until you reach full retirement age and then switch to unreduced retirement benefits on your own account. I suggest that you talk with a Social Security claims representative about your options given your earnings as related to the exact amount of the potential benefits.

      Sincerely,

      Kay

  • D. Davis

    I got married and had a son after I started recieving benefits. Will CA increase my benefit amount?

    • Kay Derochie

      Dear D.,

      If you are receiving a benefit from the state of California, you need to contact the office that is paying the benefit to find out whether there will be any change.

      Sincerely,

      Kay

  • shabelle

    My 2 year old is getting SSI benefits and I am currently not working.
    I have applied for food stamps but I do not know if I get approved will my daughters SSI payments go down?

    • Kay Derochie

      Dear Shabelle,

      Receipt of food stamps will not reduce your daughter’s Supplemental Security Income (SSI).

      Sincerely,

      Kay

  • Mary

    Divorced in 2010. Ex husband was supposed to pay spousal support contingent on his being employed. I am 63 and working, exhusband is 61 and just started to receive SSDI. Can I receive benefits from his SSDI? How will this affect my SS which I would like to take at 66.

    Thanks,
    Mary

    • Kay Derochie

      Dear Mary,

      If you were married for more than ten years and have not remarried, you can receive divorced spouse’s benefits on your ex-husband’s account. However, you will be eligible for benefits on his account only if your own retirement benefits are less than the spouse’s benefit. This means that you have to apply for your own retirement benefits before you can get divorced wife’s benefits. Reductions for months in which you are eligible for and receive reduced retirement benefits are permanent and continue after you reach full retirement age.

      Sincerely,

      Kay

  • don Williams

    Sorry I am now receiving ssdi due to an accident at work

  • don Williams

    I have guardianship on my nephew and over had it for over six years I stated getting my assistant about a year ago should he be able to get anything from as or must we adopt

    • Kay Derochie

      Dear Don,

      You cannot get dependent benefits for your nephew on your earnings records. You would have to adopt him for him to qualify.

      Sincerely,

      Kay

  • Maggie

    Hi 🙂 I just got a letter from my local child support office saying they are garnishing my exhusbands SSA check ( he’s 17,000 behind). She is his only child. It doesn’t say SSI or SSD. He is hard to find and I have no clue which he gets. Can I bypass him and go to The SS office and find out if she can receive a check off him? I do have his social and birthday info. Thanks for your time!

    • Kay Derochie

      Dear Maggie,

      Only Social Security (SSD) would be garnished. You can take your ex-husband’s Social Security number and your child’s birth certificate and Social Security number to Social Security and apply for dependents benefits for her.

      Sincerely,

      Kay

  • Brandy

    My 16 year old son currently gets disability off my husband and he is actually wanting to find a job so i am wondering if he can work and still get his monthly benefits and if so what can he make without loosing any of it?

    • Kay Derochie

      Dear Brandy,

      Your son can earn $15,480 gross per year without affecting his Social Security dependents benefits.

      Sincerely,

      Kay

  • Connie Gonzalez

    My father is disabled and i am 18 a senior in highschool and get a check because i am his dependent. I know that in July will be the last time i resieve benifits but i will be a full time college student in June is there a way that i can still get the benifits since i will still live at my fathers house and be a full time student?

    • Kay Derochie

      Dear Connie,

      Given that you are already eighteen, the only way you can be eligible for childhood benefits after you graduate from high school is if you are disabled. Then you could apply for disabled adult child’s benefits.

      Sincerely,

      Kay

  • Sylvia Ghazali

    Greetings. My ex husband was approved today for Social Security Disability Benefits. We were married for 9 years and I have sole custody of our 13 year old daughter. .

    He had a work related injury over 2 years ago that has prevented him from working. He applied with Social Security on December 2013 and was denied. He hired a lawyer on Febuary 2014 and was approved today. One of my questions is: Will he be able to get retro SS Disability benefits from the day of his injury ? or from the date of filing with SS himself ? or from the date he hired the lawyer ?

    Also…I know our daughter will be receiving benefits permitting his family maximum allows it, but will I, as her unmarried caretaker be able to get any benefits since I am taking care of his child also, even though I am not 62 and we were married only 9 years (shy of the 10 years noted). ?

    Thank you so very much in advance

    Sylvia

    • Kay Derochie

      Dear Sylvia,

      Your ex-husband’s Social Security Disability benefits will begin to accrue the later of the six full calendar month after his disability began or December 2012. Your daughter’s benefits will have the same retroactivity as his. You are not eligible for young divorced wife’s benefits because you were not married ten years.

      Sincerely,

      Kay

      • sylvia Ghazali

        Hello Ms. Kay..Thank You for responding to my questions. I am lost as to your first answer. I was wondering if you can please explain it a little further for me. You mentioned about receiving retro pay ..6 months after he got on disability (which would be May 2014)…but you mentioned December 2012. Im not clear to what this all means. Also, please tell me is this is correct. My ex husband and our daughter will not receive their first check until December 2014 but will receive back pay from May 2014 ? Thank you so much…

        • Kay Derochie

          Dear Sylvia,

          Let me see if I can explain more clearly.

          Social Security Disability (SSD) benefits begin to accrue the later of the sixth full calendar month after the onset (beginning) of the disability, not from the date on which the approval decision was made. The onset date may be the date of disability that your husband claimed or it could be different if Social Security says evidence shows a later date. This means that you count the five full months that are not paid beginning with the month after the date Social Security says your husband became disabled. If that date is fewer than twelve months before his December 2013 application, then his benefits will begin to accrue in the sixth month after disability. If the sixth month is before December 2012 (twelve months before application), then benefits will begin to accrue December 2012.

          If you have been told that his benefits will start to accrue in May 2014, then Social Security must have found that he did not become disabled until November 2013. I do not know why your husband and daughter would have to wait until December to get his back pay.

          Sincerely,

          Kay

          • Sylvia Ghazali

            Wow !! Thanks Kay. You did clear it up for us. His accident was in July 2012, therefore if I am understanding what you explained correctly, then he will start to accrue starting December 2013.

            Thanks a million for all you do for us all.

            • Kay Derochie

              Dear Sylvia,

              Unless the accident was on July 1, July does not count as one of the five months, so benefits will begin to accrue in January 2013.

              Sincerely,

              Kay

  • Ann

    My disabled husband is the representative payee for his daughter who lives with her mother. They share equal joint physical and legal custody. Until recently he had the dependent benefits direct deposited into the Mother’s account. Approximately $600 per month.

    The mother was not providing receipts for its use so he took over receiving the payments. He send $200 to the mother for housing and food. He gave $100 to daughter to use for personal needs. He wants to do that very month.

    The daughter has oral surgery coming up and he wants to pay for that too. Around $1200 will take about 4 months to cover

    The mother and the daughter want the money for gas, car insurance and cell phone. Mother had purchased a car for daughter.

    1. What exactly can the dependent benefits be used for? What can it NOT be used for.

    2. Can the mother have him removed as the authorized representative payee? Will he be notified?

    3. When the daughter turns 18, do the checks automatically go to her, or continue with the representative payee?

    4. If the daughter leaves her Mother’s home before she is 18 will the benefits continue?

    5. The daughter wants him to give her all the money.

    Appreciate your help
    Ann

    • Kay Derochie

      Dear Ann,

      From your description, I understand that your stepdaughter is not disabled and is receiving Social Security dependent benefits. If this is correct, her benefits will end the later of when she turns age eighteen or if she is still in high school, age nineteen. She will not be eligible after that.

      There is a hierarchy for the payee’s use of funds for the child. Housing, food, clothing, and medical/dental care are at the top of the list, certainly before the operational expenses of a car and cell phone for a teenager. Saving for the oral surgery is appropriate, as long as food and housing needs are met. Once, the surgery has been paid for, it could be appropriate to give the mother more than $200 for food and housing costs. It would not be appropriate to give all the money to the child, though consulting with her about upcoming costs for special school activities and clothing would be reasonable too.

      Sincerely,

      Kay

  • Kathy

    My mother has guardianship of my daughter. And has for a few years now. Is my child eligible for my ssdi benefits even though she does not live with me? Thank you

    • Kay Derochie

      Dear Kathy,

      If your family maximum benefit is greater than your primary benefit, your daughter can receive Social Security dependent benefits. Your mother, who has guardianship, needs to file an application for your daughter and apply to be her representative payee.

      Sincerely,

      Kay

  • paula jones

    I have my 3 year eval coming up soon and was wondering, if nothing has changed can they deny me to continue on with my ssd. I am still disabled and have not worked but some people say that you can still get denied. Nothing has changed, everything is the same so can they deny me to continue on with my ssd.

    • Kay Derochie

      Dear Paula,

      Your Social Security Disability (SSD) should continue if your condition has not improved. Be sure to be thorough in completing the medical questionnaire you will be given and provide a list of all the medical providers you have seen since the approval of your claim, especially in the last year. If you take medications, you can get a printout from your pharmacy that will show your pharmaceutical treatment and you can submit that also. List all your limitations from all conditions.

      Sincerely,

      Kay

  • maria

    Hello question both my sons who are 11 get ssi. I plan to marry this october will this affect there ssi. My sons still need it to help with there needs I make 1800 a month and he makes 1400 a month and pays his child support.

    • Kay Derochie

      Dear Maria,

      Your children may continue to be eligible for Supplemental Security Income (SSI) after your marriage. It will depend in part on the amount of child support that your prospective husband pays. I suggest that you take the information about the child support and your prospective husband’s gross income to Social Security. Tell them that you are trying to do financial planning and ask for a sample calculation.

      Sincerely,

      Kay

  • nicole

    My son’s father and I have been separated for awhile, I just learned that he will be receiving disability benefits. I have a court order for 50 a month in child support. Will my son be eligible to receive more through his fathers disability? His father doesn’t wish to change the court order because he doesn’t want money taken out of his disability. Will the family maximum come in to affect and could his son potentiality receive that for support without it affecting his fathers disability?

    • Kay Derochie

      Dear Nicole,

      Any benefits payable to your son will not reduce his father’s Social Security Disability benefits. If the family maximum is more than the amount your son’s father receives, then a benefit will be payable to your son. The dependent benefit could be up to half of what his father receives (more than $50).

      If his father is not in arrears with his child support, there would appear to be no advantage to having the monthly support withheld from his check. If in the future, he fails to pay support, you could take action for garnishment at that time.

      Sincerely,

      Kay

  • angela cannida

    BY THE WAY, IM ALSO ON HOUSING AND I CALLED THE AUTOMATED SYSTEM FOR THE FOODSTAMPS AND HIS STAMPS WENT DOWN FROM 189 TO 15 DOLLARS!! WOW, HOW ARE WE SUPPOSED TO EAT WITH 85 MONTHLY COMBINED??

  • angela cannida

    HELLO KAY,

    MY FIANCE AND I ARE BOTH ON SSD PAYMENTS AND WE PLAN ON GETTING MARRIED LATER THIS YEAR. I AM 45 AND MY FIANCE IS 55. WILL ONE OF USE LOSE OUR BENEFITS AND OUR FOODSTAMPS? I GET 864 IN BENEFITS AND 75 IN STAMPS AND HE GETS 891 IN BENEFITS AND 189 IN STAMPS, THANK YOU IN ADVANCE.

    ANGELA CANNIDA

    • Kay Derochie

      Dear Angela,

      This is a response to both of your postings. If and your fiance both receive Social Security Disability (SSD) on your own earnings records and not on a parent’s earnings record, getting married will not affect your payment amounts. As you have found out, there will be a reduction in food stamps; but if you have been living separately, after moving in together the two of you will have lower housing costs; some of what he has been paying for housing can be used for food.

      Sincerely,

      Kay

  • Timothy Carpenter

    Can someone tell me how a dependent would be paid and how much is allowed to the family when both parents are deemed disabled?

    • Kay Derochie

      Dear Timothy,

      If both parents are receiving Social Security Disability, a dependent child will be paid based on a combined family maximum. If one or both of the disabled parents has a family maximum that is more than the primary benefit the disabled person is receiving then dependent benefits would be due. The formula and rules are quite complex. You can read more about combined family maximums on SSA’s website at https://secure.ssa.gov/poms.nsf/lnx/0300615770.

      Sincerely,

      Kay

  • Melanie Leatherman

    I am disabled due to a car accident 3 years ago , I get disability each month and I have a child whose father, my ex husband has custody of her now due to the acident. Would he be able to draw disability to benefit her? If so how can I find out the amount? Can I online or do I need to speek to the SS office? he will not tell me. I think I should know if anything goes to her now??
    Thank you

    • Kay Derochie

      Dear Melanie,

      You have the right to know what benefits are being paid on your own Social Security earnings record. You can call the Social Security Administration at 1-800-772-1213 and find out if dependent benefits are being paid. Dependent benefits for a child are usually paid to the parent with custody.

      If you are receiving Supplemental Security Income (SSI), not Social Security Disability (SSDI), dependent benefits would not be paid because SSI does not provide a benefit for dependents. If your child is disabled, her father could apply for SSI for her. I believe that due to privacy rules, Social Security will not tell you if that is the case, though you could try. You will need your daughter’s Social Security number to inquire.

      Sincerely,

      Kay

  • Ron

    This site has been an eye opener. I have been on SSDI for 15 years. I went from 70k a year to my small disability check quickly. My son was 16 at the time, he is now 30. I had no idea he as entitled to SS payments till he was 18. My wife and I struggled during those years. Never did the SSA mention he was eligible, and I had no idea.

    • Kay Derochie

      Dear Ron,

      If your benefit was small enough that the family maximum was the same as your benefit, then no benefits were payable for your son. You can check by calling Social Security at 1-800-772-1213 and asking the amount of your current family maximum.

      If the family max is more than your benefit before withholding for Medicare premiums and taxes, then potentially dependent benefits could have been paid. If you were awarded benefits after your son turned eighteen with retroactivity back to before he was eighteen, the benefit would have been paid to him because he was no longer a minor. However, if checks began while he was still a minor and you listed your son as a dependent on your Social Security application, there is a remote chance benefits could be paid now. (They would be paid to your son.) You would have to make a statement to the Social Security Administration (SSA) 1) You just learned that dependent benefits were possible; 2) You listed your son on your application; and 3) No one at Social Security ever told you about or contacted you about benefits for him. SSA would have to review your original application and claim file to see whether your statement was accurate. If so, benefits might be paid because your application would be a protected filing for your son. Note: this process will take months, if not years. One more consideration: If your wife did not have work earnings above the limit, young wife’s benefits might be payable for the months before your son turned sixteen.

      Sincerely,

      Kay

  • serena s

    I wanted to know how can they take out of my daughters disability because I receive child support for another one of my kids?Shouldn’t that not matter because they’re different kids?

    • Kay Derochie

      Dear Serena,

      When determining how much of your income reduces your child’s SSI benefit, a certain amount of your income is set aside (excluded) for the support of a child who does not receive SSI. If that child receives child support, the allocation is reduced because the child is having needs met from a source other than you. The result is that more of your income is available to support the disabled child than it would be if there were no child support; and, therefore, less support is needed from the government.

      Best regards,

      Kay

      • jacqueline

        Sorry having issues replying to you. I have a adult disabled son. Who lived with us until 10/31/13. He receives SSI and I got him a income base apartment in the same small town we live in. My husband his step dad still continues to help him, with pyscial things neither him nor I can do. Carry groceys, change light bulbs, clean tub. Drive him places. I am my son’s guardian and power of attorney. Does my husband qualify for benefits. And does my disabled son qualify for any benefits under my SSDI. My husband and I married 10/10/10. And is any of that retro back. As my step son. it sounds like he would not qualify. Unless they go back to the time I first filed for SSDI. And from reading your statement that does not sound like the case. I filed while both children lived with us. I settled for a 4/13/13. disability agreement, upon a bench decession.While the step son lived with us, I did pay half of his living cost while living with us.

        • Kay Derochie

          Dear Jacqueline,

          Dear Jacqueline,

          Based on the information you gave in previous posts, you were not providing one-half support of your stepson at any of the times I listed in my previous response; therefore, it seems unlikely that your stepson can qualify for benefits on your Social Security Income (SSI) record. Of course, you can file a claim and get a formal decision. With regard to benefits for your husband, Supplemental Security Income (SSI) does not provide any benefits for parents, even if they are providing care.

          Sincerely,

          Kay

          • jacqueline

            I understand regarding the stepson. How ever what about my disabled adult son. Sorry having issues replying to you. I have a adult disabled son. Who lived with us until 10/31/13. He receives SSI and I got him a income base apartment in the same small town we live in. My husband his step dad still continues to help him, with pyscial things neither him nor I can do. Carry groceys, change light bulbs, clean tub. Drive him places. I am my son’s guardian and power of attorney. Does my husband qualify for benefits. And does my disabled son qualify for any benefits under my SSDI. My husband and I married 10/10/10. – I will be receiving social security disability. not SSI. my adult son receives SSI.

            • Kay Derochie

              Dear Jacqueline,

              If your disabled adult son is eligible for disabled adult child’s benefits ( which is a Social Security dependents benefit, not SSI, which is Supplemental Security Income), your husband could apply for young spouse’s benefits; but approval is a long shot. Ordinarily to be eligible, the assisting parent has to have the adult child in his care. The purpose of the benefit is to provide some financial support for a parent who can not work or has to restrict work and earnings in order to care for the child. The services your husband is providing could mostly be done while holding down a job at the same time so I do not believe he would qualify, but it never hurts to get a formal decision.

              Sincerely,

              Kay

  • jacqueline

    I just received a bench decision that I do qualify for SSD. Retro 9 months back in Minnesota. My main question is I have a step son who just turned 17 in school full time. My husband has shared full physical custody of him. He stays with his mom during school year and us in summer and break times, including holidays. It is in their divorce decree that physical custody is joint. Neither pay child support for him. My husband has to pay county ordered medical support for him. Via payment made to child support offices. He did live full time with us for 3 years. From fall of 2009 to fall of 2011. He now stays will his mother during school year. Will he be eligible for SSD benefits. And will they retro back? And will my husband receive the benefits in his behave sense we have to pay his court ordered medical support and it is shared joint custody. We do buy him clothing, shoes, school supplies.

    • Kay Derochie

      Dear Jacqueline,

      For your stepchild to receive Social Security dependents benefits on your earnings record you have to prove that he was financially dependent upon you, that is, that you (not your husband) was providing at least half of his support at one of the following times listed in the Social Security Handbook:

      The beginning of the worker’s period of disability;

      The time the worker last became entitled to disability insurance benefits; or

      The time the application for child’s insurance benefits is filed.

      Best regards,

      Kay

  • Luis Oquendo

    I am disabled and receive social security disability. I have 4 kids in which 3 already have their benefits. I have a 2 yr old which my wife didn’t submit to get the benefits due to medical issues with the family. She submitted the paperwork a couple mths after she turned 2. We were under the assumption that they deduct the amount from my other kids starting the date my last child was born not when the paper were submitted. I think it was an office thing here that they were taking their time and the main offices submitted a request to get info on why it has taken so long to finish the benefits submitted 6 mths ago… Is there a time that backpay doesn’t get paid? Can they just say, you get only from the time you submitted, not the time the baby was born? If by law they cant pay backpay due to time limit, we are ok with that, but if its a mistake, error, or just being mean due to pressure from the main offices because they took their sweet time, then we don’t agree with that and will need to appeal. Do you know anything on this, if so, please help. Thank you.

    • Kay Derochie

      Dear Luis,

      Your two-year-old’s eligibility will begin six months before the application for her was filed. You are right that the other children’s benefits will be reduced and the same amount of money will be paid to the family as a whole. Because of this, there will be no back pay for your youngest child. The reason for this is that paying your youngest child back pay would make the other three children overpaid. That said, the correct balancing of benefits has to be done so that the record keeping is correct on your earnings record. Because no additional money is payable to the family, it is likely that doing the recalculations and sending the notices is low priority. It will be done eventually. If you haven’t received a notice of award for your daughter and a notice of change for the other children in another two months, ask the local office to follow up to the payment center.

      Sincerely,

      Kay

  • Jennifer P

    I have been divorced from my ex husband for a few years and we have a 14 year old daughter. He has since remarried and is no longer physically able to work. Would my daughter qualify for any benefits? And is there a way to find out if he applied for disability?

    • Kay Derochie

      Dear Jennifer,

      First, you could ask your ex-husband whether he has applied and/or been approved for Social Security Disability. Explain that if he has, Social Security will pay a benefit for the support of his daughter in addition to what he will receive. Otherwise, if you have your ex-husband’s Social Security number, you can go to Social Security and try to file a claim for your daughter. If he is getting benefits, they will take the application. If he has not applied, they will not or will take the application and send a denial. If he has a claim pending, they may or may not take the application until he is approved. Note: If you were married ten years, have not remarried, and your earnings are not too high, you could receive a divorced young wife’s benefit for a child under age sixteen in your care. Your benefit would be paid outside the family maximum and would not affect the benefits of anyone else being paid on the record.

      Sincerely,

      Kay

  • Josh

    My wife gets social security disability, and my kids (her step kids) have been living with us and the dependent benefits have been divided between the three kids. The oldest wants to go live with his mother now, and we don’t want her to get the money, which we know she would. Is there a way to just get the benefits split between the two kids still at home? Say between all three kids it was $900 split into $300, could it be changed to $450 between the two?

    • Kay Derochie

      Dear Josh,

      As long as the oldest child is eligible for benefits, she has the right to receive them. If your stepdaughter goes to live with her other biological parent, you need to report the change as soon as she leaves your care. Social Security may decide to have the other parent become payee right away because she has physical custody. If you receive or have on hand any of her benefits after the child moves, do not spend the money on anything but the child and get receipts for everything you spend, including food and shelter money given to the other parent and spending money given to the child.

      Sincerely,

      Kay

      • Josh

        So this is true even if it is a stepchild that will no longer receive any support from the stepparent who receives disability?

        • Kay Derochie

          Dear Josh,

          Do double check with Social Security, but my understanding is that the support test must be met either on the date the worker became disabled or the date that the initial application was made for the stepchild’s benefits, not at any later date.

          Sincerely,

          Kay

  • monica

    I live with my boyfriend for whom I been a year with now he is disabled and can we get foodstamp or will he get cut off his disability

    • Kay Derochie

      Dear Monica,

      Receiving food stamps will not negatively affect your boyfriend’s disability benefits. If he is receiving Supplemental Security Income (SSI) benefits (not Social Security) and the SSI has been reduced because he is receiving in-kind support from you, his SSI benefits could increase when he becomes eligible for food stamps.

      Sincerely,

      Kay

  • Arenee

    My step daughter keeps threatening us she will go live with her other biological parent. If this happens do my ss disability benefits stop of them? If yes when do I notify them immediately or after court when other parent has been giving partial custody?

    • Kay Derochie

      Dear Arenee,

      If your stepdaughter goes to live with her other biological parent, you need to report the change as soon as she leaves your care. Social Security may decide to have the other parent become payee right away because she has physical custody. If you receive or have on hand any of her benefits after the child moves, do not spend the money on anything but the child and get receipts for everything you spend, including food and shelter money given to the other parent and spending money given to the child.

      Sincerely,

      Kay

  • Daniel Murray

    Because of your age being only 33 it will probably take 4-5 years at least that’s about how long it took me to get it. But I really think that they were giving me the run around be my first application was when they used to pay you all the back pay from when you first filed, and if they would’ve given me it then I would’ve received over a hundred thousand dollars in back pay and at least on my first application then when my lawyer said to file another application I did and I received it right away but by that time they started only giving people only one year of back pay. But pretty soon I’m going to try to get all the back pay from my first application because that’s what my lawyer said that I can do if I want to. But the only reason why I want to do it is so I can pay back my parents for supporting me during that time and me and my girlfriend want to be able to get married and start a family and it’s hard to do these things without having the resources
    especially , because cause I’m receiving less money on this second application than what I would receive on my first application by about half and that I deserve my full amount because it’s very rough just always barely making ends meet. By the way I’m on SSI and SSD for brain damage, and Idiopathic Poly Neuropathy (large&small fiber & autonomic) when I know somebody who got theirs the first time at 51 years old with only a diagnosis of fibromyalgia. And to me that bull – sh*t because that’s not even that bad at least they don’t have to deal with my Autonomic Neuropathy that causes me to get sores all over my body and causes me to have chronic water
    diarrhea or my small fiber that puts me in pain a 10 out of a 10 many times a month, when my 10
    is a bone-marrow biopsy and before that my 10 was being shot or stabbed with a red-hot knife. But anyways that’s about how long you might have to wait because we’re the same age.

  • Christy

    Help-My husband has been approved and receives disability for stage IV cancer. A rather quick acceptance of less than one month. We have been married four years and I applied for children benefits for my son-his stepson. The lady at the SS office told me that my son was not eligible because I had made more money than my husband. As I stated, he was diagnosed with cancer and cannot work. She stated that she figured it out two different ways and there was no way since I make to much money. When he passes away, she stated, my son will be eligible for survivor benefits but nothing now. Is this correct or do I need to appeal the decision (we have not received anything in writing yet- just a return of our marriage license and birth certificate).

    • Kay Derochie

      Dear Christy,

      One of the rules for a stepchild to be eligible for dependent benefits is for the worker to have been supporting the child at one of certain points in time. Dependent is defined as receiving at least one-half of his support from the worker at one of the following points of time.

      (a) When the stepchild applied;

      (b) When the insured died; or

      (c) If the insured had a period of disability that lasted until his or her death or entitlement to disability or old-age benefits, at the beginning of the period of disability or at the time the insured became entitled to benefits.

      Based on these rules and the fact that your earnings were higher than your husband’s it would appear that your son would not qualify for benefits. If some special circumstances exist, such as your spending a large amount of your income to pay for your own education, your own medical care, or some other expense that only you could benefit from, then you might be able to make a case for your husband’s providing at least fifty percent of your child’s support.

      I am not certain that you were given correct information about survivor benefits. As I understand the law, if your child is not eligible for dependent benefits now, he will not qualify for survivor benefits, unless perhaps he is receiving more than half of his support from his stepfather at the time of his death. Of course, you would want to apply for the survivor’s benefits at that time to get a formal decision.

      Sincerely,

      Kay

  • Tuwanda hood

    Dear Kay

    My son receives ssdi through his father and has turned 18 but still in high school? his benefits will stop in two months. My question is his father owes me back child support of 20,000 dollars, is this taken in consideration?

    • Kay Derochie

      Dear Tuwanda,

      If you have a court order for back child support, you can take a copy of the order to the Social Security Administration to see whether your son’s father’s Social Security benefits can be garnished.

      Sincerely,

      Kay

  • carol

    two questions i need clarified so if my husband did not list me and my 15 year old on his orignal application (which was apx 2 years ago when he first applied ) will we not be eligable for those months of back pay in benifits regardless of our eligbility to receive them? so does this mean any monies FOR PAYMENT ARE ONLY THEN BACKDATED startING as of the date i personally get down to your office and apply on behalf of my child and myself?

    • Kay Derochie

      Dear Carol,

      An application has to be filed for benefits. If your husband protected the filing date for you and your children by listing you on the application, then you and your child may be covered for benefits back as far as he received them. If he did not list you and your child or if Social Security tried to procure the information needed to get payments started and did not receive the requested information, then the maximum retroactivity is six months before the month of the current application. Therefore, you should begin an application this month just be sure that you don’t lose benefits. You can start an application by calling 1-800-772-1213 and saying that you want to file an application for your child and yourself or by going to an office. You need your husband’s Social Security number and your and your child’s Social Security numbers also.

      Sincerely,

      Kay

  • kimmey

    Also I owe back support my kids 21, 19 and 18 will they be entitled to my retro pay they dad has custody we been divorced 3 yes now

    • Kay Derochie

      Dear Kimmy,

      If you are approved and receive Social Security Disability, any court-ordered back child support will be withheld from your Social Security check and forwarded to the children’s father. Child support will not be withheld from back SSI payments.

      Sincerely,

      Kay

  • kimmey

    Hi Kay I applied for ssi and ssee or SSA not sure if the difference of course I was denied I appeal each decision down to taking it federal court . while waiting on mydedecision my lawyer resubmit a new claim in Feb 2014 I just had my exam wesenday April 3 2013 with DDS for my back and mental illness my doc diagnosed me schizphorina and Aniexty but the medical examer said I was bipolar disorders and dispression is that a good sign I might get approved? Was this a wise decision suing social security?

    • Kay Derochie

      Dear Kimmy,

      I cannot give you legal advice, so I cannot comment on whether your suing Social Security for benefits was advisable. Please see my responses of a few minutes ago to your other questions.

      Sincerely,

      Kay

  • kimmey

    Hi Kay I applied for ssi and ssee or SSA not sure if the difference of course I was denied I appeal each decision down to taking it federal court . while waiting on mydedecision my lawyer resubmit a new claim in Feb 2014 I just had my exam wesenday April 3 2013 with DDS for my back and mental illness my doc diagnosed me schizphorina and Aniexty but the medical examer said I was bipolar disorders and dispression is that a good sign I might get approved?

    • Kay Derochie

      Dear Kimmy,

      A specific diagnosis does not necessarily mean disability. To be disabled the condition that is being diagnosed has to be severe enough that it keeps you from being able to hold down a job and earn at least $1,070 gross monthly. Whether or not you are approved will depend on the degree you are impaired by your diagnoses.

      The difference between Social Security Disability (SSDI) and Supplemental Security Income (SSI) disability is that Social Security is paid to individuals with enough work earnings that have been taxed for Social Security (shown as FICA on pay stubs) and SSI is paid to individuals with low income and assets. The amount of an SSDI benefit is based on your past work earnings. The amount of SSI payable to you depends on the amount of your other current countable income.

      Sincerely,

      Kay

  • Chase

    My child is receiving benefits from my SSDI status. He is 11 yrs old and I am good at saving. Over the past two years I’ve been able to save about 5,000 of my child’s benefits. I am planning on using these savings for college or the child’s first car. I was told I can not save more than a certain amount for future needs of the child-is that true?
    Also, I was unaware that I can use my child’s benefit to help with housing, i.e. rent and utilities costs. What percentage can I use for housing if there is only the two of us.

    • Kay Derochie

      Dear Chase,

      Your child could pay half of the rent and utility costs and some of the food costs. However, in deciding his share, keep in mind his other needs: clothing, school supplies and activities, medical and dental care, grooming items, and a small allowance if appropriate.

      You might check back with Social Security to see whether to be sure there is in fact a limit on saving a dependent child’s benefits when the child is not disabled and the child’s current needs are being met, or if there are limits, whether there is a way that you can save if the funds are segregated and help for his college education or vocational training.

      Sincerely,

      Kay

  • carol

    my husband and i married apx 16 years ago in which we seperated three times in all over the years. this last time has been apx now 5 years appart when we got married I had a son already we started living togather when my son was still crawling and married shortly after since then my son was determined disabled when he was apx10 years old and we also since then have had two children together now 15 and 21 and my oldest son still disabled today living at home as me his payee my other two also live with me one in college and the other in high school my husband recently approved for perament disability and has a child apx 10 yrs old with another lady .my questions being that i collected food stamps and cash aid since hes been out of our lives (never paying one dime of child support )do my children qualify for any of his benifits? or just have to pay the county back or will i be charged for the welfare assistance in money given previously ? also since my son is disabled but not his biological son does he qualify or does the check he gets for him count against him. ?do i as his seperated wife caring for our minor child but still his spouse get benifits as im unemployed to care for kids and how to apply ? (he never told me nothing i heard all this from our child he just got a big check in the mail ) and what about his other kid from another the ten year old he will get money also? last does it get back dated for all or any of these benifits since his orignal filing date as his big check seem to have been,? thank u so much u really help many

    • Kay Derochie

      Dear Carol,

      If your husband was approved for Social Security Disability (SSDI)–not Supplemental Security Income (SSI)–your husband’s biological minor children (the 15 year old and the 10 year old) will qualify for dependents benefits your husband’s family maximum benefit is more than the benefit being paid to him. You could also qualify for benefits until the 15 year old turns 16 if you are not working and earning too much. (When you turn 62, you can receive reduced wife’s benefits, or should he die, reduced widow’s benefits at age 60.)

      Your oldest disabled child will not be eligible for benefits because he is your husband’s stepchild and your husband was not providing more than half of the child’s support when he (your ex) became disabled.

      You need to go to Social Security with your husband’s Social Security number and apply for your fifteen year old and yourself. How much back pay you and your child receive will depend on whether your husband listed you and the child on his application. Be sure to apply before the end of the month to avoid loss of back pay in the event he did not list you or the child. It might be helpful to call 1-800-772-1213 to request an appointment so you don’t have to wait so long to be seen.

      Sincerely,

      Kay

  • Thom

    My ex began receiving SSDI payments about three years ago and then benefits for our son shortly after. At that time our child was living with her about 50-55% of the time. The benefits payed for our child is based on my prior income not hers. Then I applied and began receiving benefits about a year later. At an appointment with a SS rep I was told that the child had to live with one party or the other most of the time to be the payee. I informed them that I was given full custody by the court a few months prior to today. Thus, they changed the payee from her to me. But my ex was cashing our child’s checks while I had full custody and not using the money for the child or giving any money to me.
    Is it against the law to cash the check when the child is no longer living with a parent. Also,when custody time changes like this case isn’t that parent required by law to report the change in circumstances, that is time share?
    Thanks

    • Kay Derochie

      Dear Thom,

      At the point that your ex no longer had your child living with her, the child’s benefits should have been returned to Social Security for reissuance to you or turned over to you for the child’s care.

      Sincerely,

      Kay

      • Thom

        Thanks, but is there a law against cashing and keeping the money? Also, if parents have near 50-50 time share but one has a record of bankruptcies and money management problems will SSDI avoid selecting that parent as a payee for the responsible parent?

        • Kay Derochie

          Dear Thom,

          It is against the law to use another person’s Social Security benefits for oneself. If Social Security has the facts about the ratio of physical custody and poor financial skills, they will taek that into consideration. Outside the law, if parents have about 50-50 physical custody, whoever gets the benefits might consider sharing some of the funds to at least cover the child’s food when with the other parent.

          Sincerely,

          Kay

  • warren

    Good day,
    I’m receiving SSDI and live overseas. I recently remarried a foreign spouse and have acquired (3) three stepchildren from the marriage (all under 18). I meet all the standard requirements for SSDI benefits for these stepchildren, however; because they are not US Citizens and not currently eligible for Social Security Numbers, the SSA says they don’t qualify for my SSDI entitlement. My question: Why does it matter if they are non US Citizens and currently not eligible for SSN’s. I provide full support for these stepchildren (for school, clothes and all basic necessities) that live with me on a full time basis. Do I just surrender or do I have any options to receive SSDI entitlements for these stepchildren. Thank you.

    • Kay Derochie

      Dear Warren,

      The law limits Social Security benefits paid to dependents. The general law is that dependents who are non-U.S. citizen must meet U.S. residency requirements. There are some exceptions for citizens of certain countries and residents of certain countries with which the U.S. has Social Security agreement. I suggest that you to to http://www.ssa.gov and search for the pamphlet called “Your Payments While You are Outside the United States.” See pages 10 and 11 of the pamphlet and pages 5 and 8 that those pages refer to. If one of the exceptions to the residency requirement applies, then you could appeal. If the exceptions don’t apply, then there is not much point in appealing.

      Sincerely,

      Kay

  • Leslie

    I am 46 years old and have been receiving social security disability for about 4 years. Additionally I have a minor disabled son (11 y.o.) who also receives social security. 2 years ago I got a insurance license and began selling insurance as an independent agent part time. Everything I make is used for work expenses as an independent agent and at the end of the year my “income” as shown in my taxes filed is always negative. I have not reported this to social security because I make no positive income from it and taxes verify this every year, and my disability condition remains just as severe. I would not be able to make basic expenses without my full social security check. In summary my questions are:
    1. Am I required to report it anyway although I make no money?
    2. If not, what are the possible consequences, if any, in my case to mine and my son’s disability benefits?
    3. Do I have to report work if I make no positive income from it? and are income taxes verifying this sufficient evidence?
    2. How much money can a person make before having their benefits for social security affected?
    3. With work income are benefits reduced or eliminated all together?Is there a guideline for this? Such as if you make X, it will be reduced by Y?
    thank you

    • Kay Derochie

      Dear Leslie,

      You do need to report your work activity to the Social Security Administration. They will ask to see your self-employment tax form and will review that the expenses that cause you not to report a profit are legitimate business expenses. If so, your work likely will not affect your or your son’s benefits. To answer your other questions about how much you can earn, I would like you to first confirm that you are receiving Social Security Disability (SSDI) and your son is receiving Social Security dependent benefits from your earnings record and that neither of you is receiving Supplemental Security Income (SSI) benefits.

      Thanks,

      Kay

      • Leslie

        Yes, I am receiving SSDI and my son is receiving dependant benefits from my earnings and neither one of us is receiving SSI.

        *How much money can a person make before having their benefits for social security affected?

        Are benefits reduced or eliminated all together with work income ?

        *Is there a guideline for this? Such as if you make X, it will be reduced by Y?

        thank you

        • Kay Derochie

          Dear Leslie,

          If you have not recovered medically, you can receive Social Security Disability benefits if your earnings stay below substantial gainful activity, which in 2014 is $1,070 net earnings from self-employment. A few IRS self-employment tax deductions, such as some forms depreciation, may not be allowed by the Social Security Administration in the determination of your neself-employment earnings. Full Social Security Disability benefits are paid for any month you are eligible; partial benefits are not paid.

          Your dependent will receive full benefits for any month you are eligible unless the dependent is working and earning more than $15,480. Earnings over that amount will result in a $1 deduction for every $2 in excess of $15,480. The $1 reduction is applied to the total amount of dependents benefits paid annually; it is not a monthly deduction.

          Sincerely,

          Kay

  • fantango

    By the way, were told at SSA approve time of husband, that kids and wife should be applied for — the original aps for 3, were “Lost” when we moved instate to a different local office (now would be turning 2 years old). It’s like a circus of wrong denial with these folks, and took wife over TWENTY years to get her rightful disability from infection. Deeming for 2 disabled couple is against their own rules, yet they did it. Thanks

    • Kay Derochie

      Dear Fantango,

      I just responded to your previous post, thinking that your wife was the one writing. Please forgive that misunderstanding when you read my response. Calculation of SSI benefits is complex especially if income and/or marital status change. When two people are disabled Social Security will first calculate to see whether you qualify as an eligible couple using the maximum SSI couple rate of $1,080 in the calculations. Then then will calculate using deeming formulas to see which calculation results in the highest benefit. The calculation changes every month that income, marital status, or living arrangements change. If you are not satisfied that the SSI has finally been calculated correctly, I recommend that you ask to have the calculations shown to you and the rules explained. (Please see the questions in my other response, if you would like me to comment on the issue of Social Security dependents benefits.)

      Sincerely,

      Kay

  • fantango

    Hi
    Husband finally got his SSA for permanent disability. Our marriage is over 1 year old. We have two teens, one 14 the other HS student 18 in school. SSA meeting said 580 was the “family allowance” for spouse and children. Nothing but dishonesty from these meetings. Wife also disabled. SSA calculated SSI for wife, using husbands deemed income wrongly. Calculated Husbands additional SSI vice versa, including wife’s (back only) SSI payment (just for period he waited on SSA to finalize). Now, theyre denying spouse/kid support as follows: “You have not proven you provide 1/2 support for this child, or for wife”. Husbands SSA is SOLE income of family.
    How to get a lawyer to handle this? All seem limited to disability only, the one who did our cases only does the disability aspect. Why such a runaround, in person honesty, in letters, dishonesty. Thanks
    Midwest in OK.

    • Kay Derochie

      Dear Fantango,

      I am not able to fully understand your situation from what you have written. Please answer the following questions and then perhaps I can respond.

      Have you been married for a year or were you divorced a year ago?
      When did your husband (ex-husband?) become disabled/
      Are the children both your children or are they his stepchildren?
      For the short period of time your husband (ex-husband?) was eligible for SSI, were you also eligible for the same period?
      Are you saying that your husband’s Social Security Disability back pay was reduced for the SSI he was paid for the same period?
      When did the whole family begin to live together? Before or after you married?

      Thank you,

      Kay

      Your husband was approved for Social Security Disability (SSDI).
      You were already receiving Supplemental Security Income (SSI).

  • Jason Cobb

    I recently got approved for SSDI and my daughter who is 6 years if age gets a monthly check the same as I do. My question is what can her money be used for? Such as everyday living expenses or just strictly on her for clothes and things for her alone?

    • Kay Derochie

      Dear Jason,

      The money you receive for your daughter should be used in part for shelter and food, but her money should not pay for more than her share of housing and food costs. The rest should be used for her clothing, medical and dental care, personal care items, school supplies and activities; and if any is left over, a reasonable amount for entertainment. If there is an excess, up to $2,000 can be saved for future needs.

      Sincerely,

      Kay

      Sincerely,

      Kay

  • Wagner

    Hi,

    I get SSDI of $2200 a month. On my Social Security Statement it says my maximum of family benefits cannot be more than $3790 a month. But that is listed under the heading of survivor benefits. I don’t see any other family maximums listed on the statement. Would this maximum be the same if I am alive. I am in the process of adopting two of my grandkids that I have been raising for over 10 years. I was wondering if my family maximum when my adoption is complete is the same as the amount listed under survivors benefits.

    Thanks for your help.

    • Kay Derochie

      Dear Wagner,

      Yes, your family maximum is the same during your lifetime as after your death. You can apply for the grandchildren you are adopting as soon as the adoptions are final. Be sure to do so within at least six months of the adoption in order not to lose benefits. Just a side note: If the children’s parents are deceased or receiving disability themselves and you were providing more than half of your grandchildren’s support at the time you became disabled, you can receive benefits for them before you adopt them.

      Sincerely,

      Kay

      • Wagner

        Thanks again for your info. You give great answers to everyone’s questions.

        • Kay Derochie

          You are welcome.

  • Alicia

    Hi. I just found out today that my ex-husband of 7 years has been receiving social security in the amount of $788 per month. I knew that he had applied and was receiving benefits since last October, but did not know that she could or would be receiving benefits as well. She does not have any disability. Is this something he can legally do? Also, should I be receiving some of the money as well since we have joint legal custody? Any help you could give to clarify this situation would be greatly appreciated.

    • Kay Derochie

      Dear Alicia,

      I believe that you are inquiring about your ex-husband’s child when you refer to “she.” A minor child can receive Social Security dependents benefits on the earnings record of a parent who is receiving Social Security Disability or Retirement. The child does not have to be disabled if she is under eighteen or under nineteen and still in school.

      The parent with physical custody usually is the payee for the child. If one parent has primary custody and the child spends most of the time with that parent, then that parent will probably be made payee. None of the money is for either of the parent’s needs. The money is for the child’s needs of shelter, food, medical, dental, vision care, clothing, school supplies, etc.

      Sincerely,

      Kay

      Sincerely,

      Kay

      • Petra

        What happens with the money for the child if the parents have 50/50 custody? Who becomes the payee?

        • Kay Derochie

          Dear Petra,

          Only one person can serve as payee. The parents need to work out an arrangement so that part of the child’s money goes to the non-payee parent for the child’s food and other needs while with the non-payee parent. Be sure to tell Social Security about the arrangement that is made.

          Sincerely,
          Kay

  • K. Smith

    Hi-

    I have been on SSdisability for 6 years. I am remarried for 3 years with three step-children. My wife has income from rental properties she had with her previous husband. They are outside the USA as she is legal alien. Her youngest child is 11. Can her youngest be added to my family benefit amount from Ssecurity? I have a daughetr 17 from a prvious marriage who recieves 50% of my income as benefit. There is no problems with sharing. My question, can my step-son with my 2nd wife be added to my SSdisabilty?

    • Kay Derochie

      Dear Ken,

      Yes, assuming that the child is a legal alien or U.S. citizen, your stepchild can be added to your Social Security record as a dependent. You need to present your marriage license and the child’s birth certificate when you file the application. If you do not have the birth certificate, you can start the application now in order not to lose benefits and submit the birth certificate as soon as it can be obtained. You will have up to six months to submit it.

      Sincerely,

      Kay

      • K. Smith

        Thank You!

        • Kay Derochie

          You are welcome, Ken.

  • kylierenfro420josh@gmail.com

    my fiance just got approved for ssi, how do we go about getting our son benefits or is it automatically

    • Kay Derochie

      Dear Kylie,

      If your fiance was actually approved for SSI (Supplemental Security Income), no benefits will be paid to his son because SSI provides benefits only for the disabled person. If, on the other hand, he was approved for Social Security Disability (SSDI) and his family maximum benefit is more than his primary insurance benefit (the amount paid to him), his son will receive benefits also. If your fiance has received his approval letter and no one has contacted him about benefits for his son, he should contact the Social Security Administration to see what is needed to get benefits started. They will need a birth certificate for his son and set up a a payee for him.

      Sincerely,

      Kay

  • Linda

    I am 66. I took s.s. at 62. My husband is 60. He applied for s.s.disability at 60 and is receiving it. Am I entitled to any of his s.s.disability payment as well?

    • Kay Derochie

      Dear Linda,

      If one-half of your husband’s benefit gross benefit (before Medicare premium and tax withholding) is more than your gross retirement benefit, then you may be eligible for some dependents benefits from his record to supplement your retirement and bring your total income up to half of his. If it is or you are not sure, contact Social Security to file a wife’s claim.

      Sincerely,

      Kay

      • Linda

        Kay, Thank you for responding with this insight. I am going to call s.s. and make an appt. to review the situation with me. Have you actually been employed by s.s. or do you mainly work for this site? I appreciate your feedback. Linda

        • Kay Derochie

          You are welcome, Linda. I did work for Social Security for several years in the past. I am not employed by them and do not represent them now; rather, I help Disability Advisor provide this informational service.

          Best regards,

          Kay

  • Mary

    My ex-husband received a letter from SSA approving his disability. The letter also states that:

    “Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be younger than age 18 or younger than 24 if in elementary or secondary school full time (As part of education in the United States, secondary education comprises grades 5, 6, 7, 8, and 9 through 12).; or is enrolled full time in higher educational or vocational training”

    Yet all other indications from the SSA office indicate that benefits end after high school or age 19. Why would this be in the letter if this is not the case?

    • Kay Derochie

      Dear Mary,

      I am not aware of benefits being paid to children older than age 19. Please send the context in which this description of a “child” appears and I will see if I can come up with an explanation.

      Sincerely,

      Kay

      • Mary

        Here is a cut and paste out of the letter.

        Can my family get benefits?

        Certain members of your family may qualify for benefits based on your work. They include:
        • Your spouse, if he or she is age 62 or older;
        • Your spouse, at any age if he or she is caring for a child of yours who is younger than age 16 or disabled;
        • Your unmarried child, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be younger than age 18 or younger than 24 if in elementary or secondary school full time (As part of education in the United States, secondary education comprises grades 5, 6, 7, 8, and 9 through 12).; or is enrolled full time in higher educational or vocational training.
        • Your unmarried child, age 18 or older, if he or she has a disability that started before age 22. (The child’s disability also must meet the definition of disability for adults.)

        NOTE: In some situations, a divorced spouse may qualify for benefits based on your earnings if he or she was married to you for at least 10 years, is not currently married and is at least age 62. The money paid to a divorced spouse does not reduce your benefit or any benefits due to your current spouse or children.

        • Kay Derochie

          Dear Mary,

          I double-checked with the Social Security Administration website and call center: The maximum age for dependent benefits for a student child who is not disabled is age nineteen. The letter you got that says age twenty-four is wrong. The representative said that she did not know how the form letter part of the letter came to be in error, but it is incorrect.

          Sincerely,

          Kay

  • Nancy Moore

    My husband has been disabled on SSD for 5 years now from a work injury. We have a 15 year old son who has received 1/2 of his s.s. I am the payee. My husband is getting worse and I also have a mom and dad in their 80’s that I am having to care for now. I remember the SS lady saying our family maximum would be 2650.00 but between my husband and son they get 2001.00 monthly. Is that extra 650.00 money for me if I care for my child or become disabled? I am so exhausted I can barely work even though my dear son helps his dad a lot. I am hoping I can get something to help if I have to stop working. My dad is 100% disabled vet with one arm gone and the other damaged. My mom has severe rheumatoid arthritis. Someone said I could be a paid caregiver. I appreciate any help. This is a wonderful site. Never dreamed I would ever find myself in a situation like this. We worked hard and did everything right.

    • Kay Derochie

      Dear Nancy,

      You can apply for young wife’s Social Security dependent benefits because you have a child under age sixteen in your care. The remainder of the family maximum will be paid out to you if your earnings are below the earnings limit. NOTE: Once your son turns sixteen, your benefits will stop, so you would need to look at the long-range effect of resigning from your job. Also, do you get health insurance for the family from your work. If you do and you stop working, I suggest you use the special enrollment period created by loss of employer insurance to enroll your family in the Affordable Care Act (Obamacare).

      Another option, if your earnings have been low enough, is that you could apply and receive some dependents benefits while working and use it to get help at home. The application will pay six months retroactive benefits. Even if you decide not to stop working, I suggest that you file an application and let Social Security figure out whether you would qualify for benefits in the six month retroactive period and until your son turns sixteen.

      For help caring for your dad, I suggest contacting the VA. If he is already receiving VA compensation for a war injury, there may be a program for personal aide assistance. Your state and county social services might also be a source for aide services.

      Best regards,

      Kay

  • Anonymous

    My husband is 57 and receives SS Disability, which is I believe his full retirement amount. Is he able to collect my SS amount which is much higher? I am only 55.

    • Kay Derochie

      Dear Anonymous,

      My answer is based on the assumption that you are not receiving Social Security Disability yourself.

      Your husband cannot draw benefits from your account unless you are. If you start to receive benefits, he could receive dependent benefits from your account if it were more than his own disability amount. His benefit would be supplemented with a partial benefit from your account. If you were to die before him, he could switch over to widowers benefits at the age it was financially advantageous to do so. (Some people stay on their own disability until they reach full retirement age and then switch to unreduced widowers at that time. Reduced widowers would be available before full retirement age, but the reduced amount might not be more than his and the reduction would be permanent.)

      Sincerely,

      Kay

  • Shirley

    My ex-husband lost his job due to his alcoholism. he stopped paying his child support. He is physically unable to work, although he could apply for his pension, it would only be a very small amount each month. He has no contact with his daughter who is 15. I am wondering if I can apply for her to get his SS? or does he have to get a disability case first? Thank you!

    • Kay Derochie

      Dear Shirley,

      For your daughter to be eligible for Social Security benefits on your father’s earnings record, he has to be receiving Social Security disability or Social Security Retirement or be deceased. Social Security and Supplemental Security Income law prohibits the payment of benefits for disability caused by drug addiction or alcoholism. If your ex-husband has some other condition that is disabling, he could apply for benefits claiming that disabling condition.

      Sincerely,

      Kay

  • Beth Duncan

    My husband who is 42 developed huntington’s disease and gets ssi. I am now in the process of being diagnosed with lymphoma. I have a iliac lymph node that is encasing my external iliac artery and my leg is huge. I have lymphedema in the leg as well. We have two teenage daughters ages 14 and 15. My question is whether my filing for ssdi on my work record will affect my husbands ssi? I will be filing for ssdi as soon as my pathology comes back from the mayo clinic. thank you

    • Kay Derochie

      Dear Beth,

      It is possible that your receiving Social Security Disability (SSDI) will affect your husband’s SSI. It will depend on how high your Social Security is. Social Security will run a calculation to see whether you and your husband can both receive SSI to supplement your Social Security. That is, they will run a calculation to see if you qualify as an eligible couple. The income limit for a couple after income exclusions is $1082. Exclusions include a general exclusion of $20 and also an exclusion for the support of the children if the benefits the children get off your Social Security earnings record do not reach or exceed the allotted exclusion. Although you do not know exactly how this will play out, keep in mind that your family could have more income from Social Security alone than from your husband’s SSI.

      Sincerely,

      Kay

  • Lora Ross

    Hello. My husband has applied for SSDI and if I understand it correctly, my 2 children ages 14 & 16 will be eligible for a percentage until age 18, and myself until they turn 16, is this correct even if i make &50,000 a year? also, he (husband) is blind and i do take care of him when i am not working. are there any benefits for that as well?

    • Kay Derochie

      Dear Lora,

      Your earnings are probably too high to receive young spouse’s benefits. Your yearly benefit would have to be in excess of $17,260 annually or $1,438 monthly, which would not be the case. In any event, the full family maximum benefit will probably be paid out to your husband and the two children receiving benefits. If you were to become entitled, the family maximum (above your husband’s benefit) would be divided among the children and you, probably resulting in a reduction of the children’s benefits. Regarding assistance in caring for your husband, I suggest that you contact the Commission for the Blind to find out whether any resources are available.

      Sincerely,

      Kay

  • Shawna

    I got married June 30, 2013. I’ve been married almost a years now, I began receiving SSDI on my own record in 2010. I was reading the previous article that stated your spouse and you and your spouse childeren can qualify. We have 2 kids that are mine and their father died in 2008. They receive survivor benefits on their deceased fathers record. My new spouse helps me care for my two children, can he receive a payment off of my record? His is 51 and a retired coach/teacher who was forced to retire due to body ailments. He only receives from TRS, nothing from social security.

    • Kay Derochie

      Dear Shawna,

      Social Security law provides for a dependents benefit call young spouses benefits, which are benefits paid to a spouse who is helping care for your children under age sixteen. For these benefits to be payable, your children be receiving benefits on your earnings records, which requires your family maximum benefit to be more than the amount being paid to you. You should contact the Social Security Administration (SSA) to clarify whether your children are receiving benefits only from their deceased father’s record or also from your earnings record under a combined family maximum (their father’s family maximum combined with your family maximum).

      If they are receiving benefits from your record (or should be and application/action is taken to get them on your record), your spouse could apply for benefits. However, the total amount paid to the family will go up only if the entire family maximum is not already being paid out to the children. If the maximum is already paid out to the children, then the amount payable would be split among your husband and the children, so the children’s benefits would go down. If an application is filed for your husband, remember to be very patient because it will take a long time to process because manual calculations will be required because your children would be eligible for payment based on a combined family maximum and your husband would not.

      You mention your husband left work do to body ailments and receives teacher’s retirement. You do not mention his being disabled, so I assume that a disability claim is not in order for him.

      Sincerely,

      Kay

  • jackie

    could u pls respond back as soon as you can i.m really worried about and will it affect my medcaid? Thank you…………

  • jackie

    My husband started recieving his social security checks will i lose my ssi benefits.

    • Kay Derochie