A child with a disabled parent has to face certain difficulties. If the disabled parent is unable to earn regular wages, the child has no means for food, education and health. This is why Social Security Administration (SSA) awards auxiliary social security benefits for children who have parents with disabilities.
If you qualify for Social Security Disability Insurance (SSDI), this means that your disability is recognized by the SSA authorities. Once the disability is recognized, you can further seek auxiliary benefits for your children. This is vitally important because the regular SSDI payout is only going to cover your expenses, not those of your children. To cater to your children, you must pursue the auxiliary benefits. A social security disability lawyer can help with this.
What Are Auxiliary Social Security Benefits?
Auxiliary benefits are the SSA benefits awarded to a child with disabled parents. As a disabled parent is unable to earn wages or otherwise take comprehensive care of a child, SSA benefits support the child when it comes to health, education and food.
Typically, auxiliary benefits awarded to a disabled parent’s child are 50% of the parent’s monthly SSDI benefits. For instance, if a disabled parent takes home $2,000 in SSDI payments per month, the child is awarded $1,000. The higher the SSDI payment of the disabled parent, the higher is the amount of award for the child.
If you are a disabled parent with many minor children who need support, all the children can apply for auxiliary benefits. However, the Maximum Family Benefit (MFB) cap applies in this case. According to SSA rules, MFB can’t be more than 150% of the SSDI payout of the disabled parent. If a disabled parent qualifies for $2,000 in monthly SSDI monthly, the total MFB is then $5,000. This means that in addition to the parent’s payout, the family can seek up to a maximum of $5,000 in SSA benefits.
Requirements for Auxiliary Social Security Benefits
The basic requirement for a child to qualify for auxiliary benefits is to have a disabled parent. As a disabled parent, you must be receiving SSDI payments before your child can apply for benefits. This is because SSDI payments guarantee that your disability is recognized and accepted by the SSA authorities.
In addition, a child must meet these requirements to qualify for auxiliary benefits:
- The child must be a minor. In SSA rules, this means he or she must be 18 or younger.
- If the child is a full-time student, the age limit is relaxed to 19 years.
- The child must be unmarried.
- The child must be financially dependent on the disabled parent, with no independent source of income.
If a disabled parent receiving SSDI payments dies, a minor child can claim SSA benefits on the parent’s record. This is applicable where the minor is directly dependent on the parent. Typically, a surviving minor child can claim up to 75% of the SSDI payment received by the deceased parent. Once the claim is accepted, the child can continue to receive this payment until 18 to 19 years old.
How to Apply for Auxiliary Social Security Benefits?
You need to apply for auxiliary benefits of your child with the relevant documents. As a disabled parent applying for benefits, you will need to provide your Social Security number as well as that of your child. In addition, you also need to submit the child’s birth certificate. If you are applying for survivor benefits of a minor child, the application must include proof of the parent’s death as well.
Auxiliary benefits typically come to an end at the 18th birthday of the child. The only exception is when the child is a full-time student at a secondary school, in which case benefits continue until the child is 19. If the latter is the case, you need to provide your child’s statement of attendance to the SSA authorities three months before your child’s 18th birthday.
Why Do I Need an SSI Lawyer for Children?
If you are a disabled parent receiving SSDI benefits, your children may qualify for social security benefits as well. A qualified SSI lawyer can help you apply for these benefits at the earliest and receive the maximum payout. With an attorney’s help, you can prepare an application that has better odds of acceptance with the SSA authorities.
Hiring Disability Lawyers in Greenville SC
Here at J. Robert Surface Attorney at Law, we have helped countless disabled Greenville parents seek SSI benefits for their children. We understand that it is hard to support your children as a disabled father or mother. This is why our attorneys do their best to get you the benefits you and your children desperately need. Contact us today to discuss your case and let us apply for your child’s SSI benefits at the earliest. You can also book a FREE consultation with our attorneys at any time.