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Qualifying children

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Wendy
when a child receiving

when a child receiving benefits under their disabled fathers benefits, becomes pregnant and moves in with boyfriend and his parents ,does she keep her benefits til she 18 or lose them?

Heather
I have a similar situation.

I have a similar situation. My daughter will be 18 in one month. She is starting her senior year in high school but is planning to move out and move to another state. Just wandering if she will still recieve her disabled fathers social security check.

Hi Heather,

Hi Heather,

If her father is approved for disability in the time before she turns 18 she could still receive benefits of her father's disability check. However once she turns 18 she will not be able to.

Best of Luck,
Eric

Molly C
Wendy, you will need to check

Wendy, you will need to check with your local Social Security office. However, it is my understanding that, unless the daughter gets married, she will still receive disability benefits.

Susan
If there is a dependent child

If there is a dependent child SSDI benefit overpayment, is the qualifying parent liable for the overpayment or is the dependent child liable for the benefit repayment at the age of 18? Thank you!

Molly C
Susan, from what I understand

Susan, from what I understand, the qualifying parent is the one responsible for repaying the overpayment. But to be sure, I would call the representative who handles your case and ask for more details. They'll be able to give you a more accurate answer knowing the specific details of your situation. Best of luck.

Tim
I have a couple of questions

I have a couple of questions actually. I have custody of my oldest daughter since 2011 which she will be 18 in May and I am fixing to get custody of my youngest daughter now 15. My x-wife lost her job May of 2012 and applied for SSDI but she just got approved for it Feb 2013. When she got the letter stating that she was approved she had already found another job making around $50,000 per year. So the SS office tells my x-wife that my oldest daughter is approved for it benefits and she would be getting a lump sum for March of 2012-Feb 2013. My oldest will also receive a monthly income till she graduates high school which will be in 2014. I want to know how is this possible when she was living with me (I have court papers signed by the judge)? I am fixing to get custody of my youngest and she is supposed to be receiving a lump sum and monthly income. How is this possible when she will be living with me? I can understand the lump sum (which my daughter hasn't see a dime of) because she was living with her mom at that time, but why continue with payments? Also why would the SS office approve her when she found another job? She will have to pay me child support and wants all the benefits my girls are receiving to be taken out of child support she would have to pay me. I am ok with that, but is it a percentage of monthly payments, is payment considered before taxes or after taxes? When I called down to the SS office all he did was give me the run around.

Jules
I receive SSDI and when I

I receive SSDI and when I received back pay my husband had just got custody of 1 child
The back pay for that child went to her father. Sounds similar to your situation. You should call and give them your situation, because if they didn't know you had custody, the money will go to the mother.

Hi Jules,

Hi Jules,
Thanks for sharing! It's true, the SSA may assign the custodial parent as the payee in many cases.

Molly C
Tim, I'm not really sure

Tim, I'm not really sure what you are asking. If your ex wife is earning $50,000 a year, chances are that she shouldn't be earning disability benefits. However, I don't know the specific circumstances surrounding her disability or work history so I can't say for certain. If the SSA determines that your wife is no longer qualified for disability benefits, they could be taken away. If your ex wife has not reported her change in income to the SSA, she could be committing fraud.
Your daughters' living arrangements don't have anything to do with disability benefits. If the are eligible for dependent's benefits, they do not need to be living with the eligible parent.

Tim
Molly, Thank you for

Molly, Thank you for responding...Her disability is that she has Post Partom Depression. She has been sent to the hospital several times for days at a time from Sept-Dec 2011, but she still had her job. She tried to commit suicide twice, once by taking pills in front of my daughter in Dec 2011 and the other by pulling a gun out and trying to kill herself in front of my daughter, her mom and dad a year later in 2012. When she got approved for SSDI in Feb 2013 but she already accepted her job. She is stating that she stopped work in March of 2012 but I have paperwork stating that her job was ending for end of funding and got paid till the end of May of 2012. From what I have read you have to be out of work for a full year before you are even approved, is this not correct? Since my girls are getting these benefits and she maybe actually committing fraud are my girls going to have to be responsible for paying the money back?

leola
can my son be approved for

can my son be approved for his. adhd idea in special education in resource has a learning disability cognitive delayed I had. appealed waiting on results do you think he will get approved

Hi Leola,

Hi Leola,
You may want to contact a local SSA office regarding this, you can find a listing of them here:
https://www.disability-benefits-help.org/content/social-security-disabil...

Molly C
Tim, I'm sorry to hear

Tim, I'm sorry to hear about everything your family has gone through. You are right that the recipient has to be out of work for a year, but it doesn't necessarily have to be before the individual applies for benefits-- it just has to be determined that a medical condition will keep the individual from working at least that long. I do not know if your ex-wife is committing fraud, it depends on many different factors. I know you already spoke to the Social Security office, but I suggest you call back and let them know your concerns about your daughters and your ex-wife.

Anonymous
My son is 12yrs. old, he has

My son is 12yrs. old, he has ADHD and anger issues that are disruptive at home and school. He take medication to help him focus and he is also in counseling. My mother applied for SSI for him. I've agreed for her to be his rep. payee. He is currently in the appeal process, do I have to give my mother full custody or legal guardianship over my son or what type of paper work is needed for her to handle this business?

Mary Jane
My grandchild was born with

My grandchild was born with Lissencephly and receives a little bit of SSI. He also has microcephly and micro optic nerve displasia so we don't know for sure how much he can see or hear. He has seizures alot and gets choked alot. He will be 5 in a few months and mom & dad recently divorced. We have been told that we could have someone come in and sit with him part of the time but cannot find that anywhere. Can you help me with this? Also are there any other benefits he can receive? His diagnois is death within a few years. Why does he not qualify for disability when he is born this way and has so many expenses and parents can't even make minimum wage or he gets kicked off.

Molly C
Mary Jane, I'm sorry to

Mary Jane, I'm sorry to hear about your grandchild's health condition. SSI is dependent on the child's parents' income-- if there has been a change in income due to the divorce, he may qualify for a larger monthly payment. Unfortunately the child will not qualify for SSDI because he will not have had the opportunity to earn a living and pay taxes.

Teisha
I applied for ssi benefits

I applied for ssi benefits for my daughter in April, 2013. I waited for a decision from ssa for 8 mos. only for them to send me a letter saying she didnot qualify. My daughter has asthma which has resulted in her staying 2 nights or more every time she has been hospitalized. Her having asthma does and has limited her activities since before the doctors even diagnosed her as a asthmatic. She was also born 36 weeks premature, which wasn't considered in the application process. Do I have a case at all? Should I appeal or should I hire a disability lawyer?

Molly C
Hi Teshia. What was the

Hi Teshia. What was the reason for your daughter's denial. It should have been explained in notice of denial you received in the mail.

Anonymous
My ex has total permanent

My ex has total permanent disability during and after our marriage. I understand my ssd benefit as auxillary stops at divorce and gets divided into the childrens amount. 3yrs later doing the right thing I filed a motion due to kids health ins went down $80 and I don't want to owe him for overpayment. The judge ordered my ex to have no further obligation to pay child support for our children who are 8 & 12 yrs old. She feels the Social Security auxillary benefit that they have been receiving even from during the marriage is the payment for child support. She ran the guidelines with his income as earned income so it adds $153 taxes into the picture. Worker Compensation and SSD is non taxable unless you have earned income also. How is she taking away his out of pocket obligation of child support. The children's benefit from disability is separate and is not child support. He takes home $3100 each month disability and SS. THe children receive $428 each.

Anonymous
My husband is disabled and we

My husband is disabled and we have two children that get benefits and I have two children that are from a previous relationship but they are his stepsons can my children also get benefits even though their biological father pays support sonetimes? I'm a stay at home mom he's always supported us I haven't worked in years.. someone told me his stepkids won't get henefits if their father pays support?

Anonymous
I was wondering if a Child

I was wondering if a Child that the Mother is collecting SSI for the 17year old child plus child support, and the child is In the 11th grade as she should be, no extra money for medical ect...How is she collecting SSI AND CHILD SUPPORT?

Moniva
I was divorced from my

I was divorced from my hudband and my 3 children have been receiving x spouses disability payments i have sole and phyiscal custody of them because of too many dviolence i was at my worst with stage 3 cancer i let them stay with my x husband for 2 weeks he knowing that a back payment was due to them he went to social security stated he was going to be the new payee so ss office cut my benefits for them and he received my kids back payment he knew it was fraud i reported it and i dont know what to do i have not heard from fraud investigaters and he gambled this money i was told that the back payment will never get replaced to my children
He didnt buy them anything that was needed this is wrong and he states that i should of been smarter maybe my kids will never get this but he needs to pay ss for something he did wrong

Hi there,

Hi there,
If your ex spouse was overpaid by the SSA, they may ask for the money back.

Moniva
I was divorced from my

I was divorced from my hudband and my 3 children have been receiving x spouses disability payments i have sole and phyiscal custody of them because of too many dviolence i was at my worst with stage 3 cancer i let them stay with my x husband for 2 weeks he knowing that a back payment was due to them he went to social security stated he was going to be the new payee so ss office cut my benefits for them and he received my kids back payment he knew it was fraud i reported it and i dont know what to do i have not heard from fraud investigaters and he gambled this money i was told that the back payment will never get replaced to my children
He didnt buy them anything that was needed this is wrong and he states that i should of been smarter maybe my kids will never get this but he needs to pay ss for something he did wrong

Hi Moniva,

Hi Moniva,
You may want to contact the SSA regarding this, you can do so at www.ssa.gov or by calling 1-800-772-1213.

D
Hi there,

Hi there,
I do not know a lot about child support benefits, but child support and SSI payments are completely separate, as child support only goes toward the child, while SSI payments are for the disabled individual.

Anonymous
My Ex husband passed away

My Ex husband passed away December 23, 2013. He had been trying to get disability for 3 years for his heart condition. A week after his death he received a letter in the mail stating he had a court date for to review his case. I contacted his lawyer and he said I could go to court and represent him. We were married for 13 years and neither one of us ever remarried. I was his only spouse and we had three children, which only one is under the age 18. We went to court and he was approved. How is his back pay going to be paid? Will my 14 year old daughter be the only one to get back pay or will I also receive his back pay? Its only been two weeks and I haven't been contacted. But there was $11,000 put in my bank account today from social Security for my daughter. I was just wondering if I would receive another deposit for his back pay? I still have to pay the lawyer. Not sure how they pay the back pay in this situation. Any help would be gratefully appreciated.

Lorraine
my sister and her children

my sister and her children receive survivors benefits due to the childrens father who commited suicide a few years ago and now my niece is severely depressed and has attempted suicide several times my sister is unable to leave her alone but has to work to support the children she lives in Utah with no family around is there a supplemental check she can receive because she is unable to go to work

Kizzie
My daughter is blind in her

My daughter is blind in her right eye us she have behavior problems I took her to get a psychological test done and they said she is ADHD and have some Depression...Would she qualify for SSI?

Igg
Hi Kizzie, there is a chance

Hi Kizzie, there is a chance that your daughter could be approved for SSI. She will need to be able to prove that her condition is disabling and restricts her daily activities. The SSA uses the "Blue Book" of medical listings to determine if she follows under the detailed criteria of each condition.

Her eligibility for SSI is determined by your income and financial resources, as you will have to go through the process of parental deeming. This is because the SSA assumes that he or she has access to a parent's income and will evaluate their application as such.

If you would like to read more information on the SSI qualification process and information on disabling conditions, feel free to visit our Qualify for SSI page and our page

Rose
My daughter has always lived

My daughter has always lived with me and I want to know why is my mom going to get my little girl's said check if we have never even lived with my mom

Igg
Hi Rose, it depends on who

Hi Rose, it depends on who applied for your daughter's disability benefits. If your mother applied for her disability and went through the parental deeming process, then she would be the one receives the checks. However, all of the money received should most certainly be going towards your daughter's living and medical costs.

If you'd like to read more about parental deeming, please visit our Parental Deeming page.

Randy
I am retiring. As I

I am retiring. As I understand, my son who has Downs syndrome and permanently in a wheelchair will loose his SSI and go on SSDI. Is my wife able to draw disibility for taking care of him or should she apply for SSDI for herself. She suffers greatly from lupus.

Lgg
Hi Randy, it depends on how

Hi Randy, it depends on how old your son is and if he's been able to work in order to qualify for SSDI. He has to have had worked and paid the correct amount of Social Security taxes (depending on age) in order to be eligible, and the same goes for your wife. If you fall under the asset limit, the SSI could be a viable option for you as well.

If you would like to read more information about SSDI and SSI, visit the following pages: About SSDI and About SSI

If you would like to speak to an attorney for a free consultation on your specific situation, please fill out the disability evaluation formlocated at the top of the page

Anonymous
My ex hasn't worked

My ex hasn't worked in about 6 years. We have been divorced about 3. I believe he has been awarded SSDI (everything about him is a mystery). If so, are the kids eligible? They live with me. Could he be getting benefits for them and not giving it to the kids? I get ZERO support from him. I work two jobs to support me and the kids.

Granny
I have had custody of my 2

I have had custody of my 2 grandkids for 7 yrs, after their mother (my daughter) passed away. Their fathers pays child support. He is taking me back to court, because child support raised the amount he has to pay, and because he got fired from a good job making good money and he isn't at his current job, he took. His attorney claims the "Survivor Benefits" I receive for my grandkids from their mothers death, was never calculated into determining how much he pays. I have research everywhere and can not find anything showing or asking me about survivor benefits as a matter of fact every court order for child support says, "Obliee is a caretaker on this case and therefore her income information is not used in this calculation", and the orginal custody court paper say," the mother is deceased". All I can find out is what the Obligor, their father, what he is responsible to report and nothing on what I am suppose to report, for/as income. I don't know if I need to have a attorney in court or not, I don't feel I need one, because I have given them all the information they ask me for and keep them updated on any changes. Even when I asked child support if I was suppose to provide this information to them, they claim they don't know, it depended on the court order. And if I was then why didn't anyone ask if I was receiving survivor benefits, they knew their mother was deceased. I just thought it was strange but figured it is the children's benefit not mine and wasn't considered my income. My daughter and their father were divorced years before she passed away and feel the survivor benefits are from her and shouldn't have any affect on how much he has to pay. I don't have any other income but Survivor Benefits and child support. My grandchildren are now in their teens and with economy the way it is, it cost much more now to raise them then when I first had them living with me back in June of 2005, when i wasn't receiving any help. I can't afford to have things cut because of some mistake made 7 years ago. Does anyone know if the Obligee-grandmother not mother (parent) is suppose to consider survivor benefits as income and if I was then what can I expect to happen in court as far as child support.

Lgg
Hi, i'm sorry to hear

Hi, i'm sorry to hear about your situation and wish I could help more, but I'm not an expert on survivor benefits in that regard. I would suggest looking over this PDF from the Social Security Administration (SSA) about Survivors Benefits and/or calling the toll-free SSA number 1-800-772-1213

Anonymous
If my twin boys receives ssi.

If my twin boys receives ssi...but im just theyre payee becaue of they're age...if i get married will it affect theyre benefits?

Igg
Hello there, thank you for

Hello there, thank you for your question. If you get married while your son's are receiving SSI, their benefits could potentially be affected. In order to be eligible for SSI, your assets cannot exceed the limit set by the SSA. As SSI is a need-based program, they do a check medical and financial records for eligibility purposes, when applying for children they check the payees financials because the children are dependents.

To find out more information about the SSI program and requirements, feel free to visit our Qualify for SSIpage and Parental Deemingpage

Rick
I'm 63 and retired

I'm 63 and retired but will not file for Social Security until 66. My grandson who is 5 lives with me, can I file and suspend for benefits until 66, so that my grandson can start collecting benefits now ??

Lgg
Hi Rick, you can file for SSI

Hi Rick, you can file for SSI for your grandson if he is dependent on you and you both meet the eligibility requirements. You need to meet the financial requirements as the guardian of your grandson and he needs to meet the medical requirements to be considered disabled.

You will have to go through the parental deeming process for SSI. To learn more about the eligibility requirements, please visit our Parental Deeming page

If you're born between 1943 and 1954, the full retirement age is 66. Yes, you can delay your retirement if you so decide. Go to the SSA's site to learn more about Delayed Retirement.

If you'd like to speak to a disability attorney about your specific case for more information, please fill out the Free Consultation form and you will be contacted

Chemel
MY MOTHER HAD Guardianship of

MY MOTHER HAD Guardianship of my daughter and my daughter was gettin her Ssi while in her custody. . Now I have custody. . What should I do!!

Igg
Hi Chemel, I would need more

Hi Chemel, I would need more information to give you a complete answer. If your daughter is not disabled and was receiving dependent benefits under your mother's SSI, when she's under your custody and no longer listed as dependent under your mother, she may not receive benefits. If, however, your daughter is disabled, you could file for SSI through the parental deeming process for her.

Check out this brochure written by the SSA Benefits for Children to learn more about child's benefits. Good luck with your situation

Clark
In one year my son will be 18

In one year my son will be 18. He will have one year if High School to go. Will I continue to receive Social Security benefits on him through High School?

Igg
Hi Clark, your son will be

Hi Clark, your son will be able to continue to receive benefits as a full-time student. The benefits will end, however, when he graduates from or leaves high school or two months after he turns 19, whichever comes first.

CJ
Hi. I was just granted

Hi. I was just granted custody of my son. I receive disability. He gets a check under me which goes to his dad...doesn't it need to come to me now? He's still getting the payments. How can I get reimbursed for the payments he's still receiving even though he doesn't have custody any longer?

Igg
Hi CJ, thank you for your

Hi CJ, thank you for your question. If you have just been granted custody of your son and would like to now receive his payments, you should contact your local SSA office to let them know immediately.

Sarah
My husband and I have

My husband and I have permanent custody of our four granchildrens, one has autism, ADD, seizures. We only receive a portion of the allowed amount for SSI. I don't understand why we don't receive the whole amount, we were honest and reported that we spend our personal earnings on him. Would this be the reason? Next, question, other siblings have beed diagnosed with seizures and mild intellectual challenge, would this sibling qualify? The biological mom is now receiving ssi, she has never worked, would the kids qualified for benefits?

Igg
Hi Sarah, thank you for your

Hi Sarah, thank you for your questions. First, you may only receive a portion of the allowed SSI due to many factors, I would need more information to give you a better hypothesis.
Next question, the other siblings could certainly qualify for benefits if you meet the asset and income requirements, and if the siblings' conditions are severe enough where it prevents them from living at the norm of others their age. You can read more about seizures and eligibility at our Seizure Disorder and Social Security Disability page.
To answer your last question, if the biological mom is now receiving SSI, the kids will not qualify for benefits under her. SSI only provides benefits to the disabled individual. I hope this helps with your situation, best of luck!

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