Are My Children Eligible for Social Security Benefits?
Posted by admin on Mar 13, 2009
More Social Security benefits are given to children than to any other social group. Children can receive social security benefits under the account of a guardian (that is, a parent, step parent, or foster parent), that is either disabled or eligible for Social Security due to retirement. Children can also be eligible for benefits under the account of their guardian if he or she has died after working and paying enough social security taxes to earn benefits.
Children are eligible for Social Security benefits when they are:
• Unmarried,
• Less than 18 years old,
• Or, 18 to 19 years old and still attending elementary or secondary school full time,
• Or are disabled and over 18 years old, with their disability having begun before age 22.
Q: Can my children obtain SS benefits under my account if they do not live at home with me?
Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:
• The child is your legitimate, natural child
• The child is your legally adopted child
• He or she is your natural but illegitimate child for whom a judge has issued a determination of support, or for whom you make regular financial contributions.
If a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:
• Paperwork showing that your child is qualifies as your dependant in other state and federal programs
• Previous tax returns in which you claimed the child as a dependent
• Bank records, cancelled checks, etc., showing that you made regular payments on behalf of or in support of your child
• Additional related proofs
Financial dependability (and eligibility for social security benefits) of a stepchild, on the other hand, will only determined when that child lives with you and shares with you a parent and child relationship. Generally, your spouse’s legitimate natural child, legally adopted child, or illegitimate natural child will be considered a step child. This step child will remain eligible for benefits after the death of or divorce from their natural parent (your spouse), as long as the child continues to live with you in a regular parent and child relationship.
In any of the above cases, you can provide proof of your relationship to your child. In addition, you can also decide to give evidence that you do not live in a parent child relationship with the child; that is, you neither live with the child nor support him or her financially. This will make the child ineligible for benefits.
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Since errors made at the start of the application process results are a common occurrence, many claims for disability benefits are often denied. Fortunately, a qualified Social Security lawyer can help you appeal your case, which can result in a reversal of the decision to deny your application.
How long will it take before you are covered for Medicare?
Most people who are already receiving Social Security disability benefits will receive Medicare coverage automatically. A few months before you turn 65, or before you reach the 24th month of your disability, you will receive information about your Medicare benefits, as well as your Medicare card. If you do not currently receive Medicare benefits however, you may not be enrolled in the program automatically.
Q: Are my Social Security benefits contingent upon my assets?
A: The disability benefits awarded to you under Social Security should not be influenced by your assets. Disability benefits are contingent upon what you put into Social Security when you were working and the duration of your tenure in the workforce. It is a benefit that is earned. Your assets, therefore, should not affect your benefits. If, however, you are applying for the Supplemental Security Income (SSI) program, your assets will affect those benefits.
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The most important condition is the degree of your disability as determined by the Social Security Administration. Under SSA rules, you are classified as disabled if you cannot work in the same job as before, and your condition prevents you from working at another job. You will also be considered disabled if your condition is expected to last for a period of one year or more OR if it is expected to result in your death.
The Social Security program assumes applicants that have family members that are currently working and will have access to other means that will support them during times of short term disability. These resources may include compensation from your place of employment, insurance programs, and personal savings.
Do not be concerned if your case is currently under review. A review is supposed to be done. Just because your file is being reviewed does not mean you are in jeopardy of losing your social security benefits. To assure that Social Security has the most recent information about your medical condition and its impact on your employment, a periodic review is done. Most cases that undergo a continuing disability review are approved for continued social security benefits.
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A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Of those claimants who are denied after the first review, many choose to hire a social security attorney for reconsideration and further steps. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer.
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