Qualifying children

Submitted by Anonymous (not verified) on Wed, 10/26/2011 - 13:47

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

Igg (not verified)
Thu, 11/05/2015 - 12:35 Permalink

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 (not verified)
Thu, 11/05/2015 - 12:35 Permalink

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 (not verified)
Thu, 11/05/2015 - 12:35 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:14 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:15 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:15 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:15 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:15 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:15 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:15 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:18 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:18 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:19 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:20 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:23 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:24 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:25 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:26 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:26 Permalink

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 (not verified)
Thu, 11/05/2015 - 14:26 Permalink

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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