Can My Child Get Social Security Disability Benefits If I Am Disabled?

Can My Child Get Social Security Disability Benefits If I Am Disabled?Parents who are unable to work often ask us if their kids are entitled to additional resources, or if they can get Social Security Disability, too.

The good news is yes, they can – potentially. Eligible children either receive their Social Security Disability Insurance (SSDI) due to their status as a child or because they are the child of a worker who is disabled or retired.

  • SSI eligibility for children is based on the following factors:
    • The child is disabled.
    • The income level of the child’s family is low. The threshold is set by the Social Security Administration and changes every year. Essentially, some of the parent’s income is attributed to the child.
    • Children who receive SSI benefits are entitled to those benefits until they reach the age of 18. They can also be approved for Medicaid. When the child reaches 18, he/she needs to apply for adult SSI to get additional SSI benefits. At age 18, the income review is based on just the child’s earnings – not the parent’s income.
  • SSDI which isn’t based on a child’s disability. Children can receive SSDI benefits, whether they are disabled or not, if they meet the age requirements, and a parent is receiving either SSDI or Social Security retirement benefits. They need to be a dependent of their parent. They need to be under 18 or under 19 if they are going to school full-time.
  • SSDI based on a child’s disability. The eligibility requirements are as follows:
    • The child’s parent must be receiving SSDI or Social security income.
    • The child must be more than 18 years old
    • The child’s disability must have started before they reached the age of 22 (anywhere from birth to 21).
    • Some disabled children only start to get this benefit later enough even though they became disabled before 22. This is because the parent may not become eligible for benefits until later in life. When the parent becomes eligible, then the disabled child becomes eligible.

The determination of whether a parent receiving Disability benefits or Social Security retirement benefits includes a deceased parent who would have been eligible for SSDI or retirement benefits had the parent lived. Children may be eligible for up to half of the parent’s monthly benefits, subject to a possible cap.

The benefits paid to a child are generally called auxiliary benefits.

Children may even be eligible through their grandparents if their parent is deceased. Benefits generally stop if the child marries.

Call the Rocky McElhaney Law Firm at 615-246-5549 or contact our offices today. We offer free initial consultations and have offices in Nashville, Hendersonville, and Knoxville. If you need a Tennessee Disability lawyer, let us help you.

Badges

What Clients Say About Us

“Rocky McElhaney Law firm is filled with great people…”

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

Phillip H.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:37:49+00:00

Phillip H.

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

“…You are not just a number, but a name.”

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

Mary T.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:39:44+00:00

Mary T.

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

“Rocky McElhaney Law Firm went above and beyond the call of duty “

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

Linda S.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:34:24+00:00

Linda S.

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

“You and your staff again are amazing…”

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

Kerry W.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:32:17+00:00

Kerry W.

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

“I would like to express my sincere gratitude…”

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

Eddie H.

Rocky McElhaney Law Firm
5.0
2015-02-06T16:39:03+00:00

Eddie H.

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

“We could never begin to thank you for all of your help.”

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

Bobby and Beck P.

Rocky McElhaney Law Firm
5.0
2015-02-06T15:33:42+00:00

Bobby and Beck P.

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"
5
6
Text Us615-246-5549