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Dependent Benefits for Children and Social Security Disability

People often wonder what benefits are children entitled to if one of the parents is drawing Social Security Disability? In general, a child can draw benefits on the earnings record of an insured person who is entitled to old-age benefits, SSDI benefits, or who had died. However, there are certain parameters set forth in the regulations:

  1. The child must be either a natural or adopted child of the insured person (or grandchild under certain circumstances (see 20 CFR §§ 404.355 through 404.359);
  2. The child must be dependent on the insured person (see 20 CFR §§ 404.360 through 404.365);
  3. The child must make an application;
  4. The child must be unmarried; and
  5. The child is:
    1. Under the age of 18;
    2. 18 years or older and have a disability that began before the age of 22; or
    3. 18 years or older and in full-time attendance in elementary or secondary education.

The child's monthly benefit is equal to one-half of the insured person's primary insurance amount if he is alive and three-fourths of the primary insurance amount if he has died (see 20 CFR § 404.353) though these amounts may be affected by the family maximum benefit (see 20 CFR §§ 404.403 through 404.406).

There are no dependent benefits under Title 16 or SSI.

If you need more information about a Social Security Disability or SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.

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