Social Security Disability benefits play an important role in keeping many families financially afloat. So, what happens when the family member who is receiving the SSDI benefits passes away? Do the benefits stop, or can a grown child collect a parent’s Social Security?
In many situations, surviving adult children of a deceased parent who was receiving disability benefits can collect survivor’s benefits, but only under specific circumstances.
This article explains those circumstances and provides details about how the rights of surviving family members are dealt with by the Social Security Administration (SSA).
At Sackett and Associates Disability Law Firm, we have extensive experience successfully helping Social Security Disability claimants and their families obtain the benefits to which they are entitled. If you have questions about the disability or survivor benefits you are eligible to receive, contact our office today. We can help you solve your disability issues in northern California or wherever you live in the U.S.
Criteria for Grown Children to Collect a Parent’s Social Security Benefits
The Social Security Administration (SSA) allows certain grown children to collect benefits on their parent’s record. However, the eligibility criteria are stringent and usually include the following conditions:
- Disability Before Age 22: A grown child can receive benefits if they are disabled and their disability began before age 22. This provision is particularly significant as it extends the eligibility of a “child” under Social Security rules, allowing adults who are disabled from a young age to benefit from their parent’s work record.
- Unmarried Status: The child must be unmarried to qualify. Marriage usually disqualifies a grown child from receiving these benefits, with few exceptions.
- Dependence on the Parent: The grown child must have been dependent on the parent for support at the time the disability began or before reaching age 22.
- Parent’s Benefit Status: The parent must be deceased, retired, or disabled and entitled to Social Security benefits. The child’s benefits will be a percentage of the retirement or disability benefits the parent was receiving.
Nature and Amount of Benefits
The benefits a grown child can receive depend on the parent’s earning record and the type of benefit the parent is eligible for. The amount is typically up to 50% of the parent’s disability or retirement benefit or up to 75% if the parent is deceased.
However, these benefits are subject to the family maximum benefit rule, which limits the total amount that can be paid based on one worker’s record. The rule prohibits any benefits being paid to the family or survivors to exceed 150% of the primary recipient’s benefits.
Some parents may wonder whether their child’s receipt of benefits will reduce their own Social Security payments. The good news is that benefits paid to a grown child do not affect the amount of the parent’s retirement or disability benefits.
Application and Documentation
The grown child must provide proof of the disability when they apply for the benefits. This proof is in the form of detailed medical records supporting the claim and proof of the disability’s onset before age 22. The SSA requires a few basic documents such as birth certificates, proof of U.S. citizenship or lawful alien status, and marriage records to verify the child’s status and relationship to the parent.
Changes in the adult child’s life circumstances can have an impact on their eligibility to receive benefits:
- Marriage: If an adult child receiving benefits gets married, the benefits will generally stop unless the marriage is to another Social Security beneficiary with certain types of benefits.
- Work and Earnings: If the grown child works, their earnings will be considered and can affect their eligibility for benefits. The SSA sets annual limits on how much a beneficiary can earn while still receiving full benefits. These change each year.
- Continuing Disability Reviews (CDRs): As with all disability benefits recipients, the SSA periodically reviews the condition of disability, determining whether the impairment has improved to the extent that the person could perform substantial gainful activities (SGAs). The frequency of these periodic reviews depends on how the SSA classifies the person’s impairment.
For impairments in which medical improvement is expected (MIE), reviews are more frequent, every three years. For those whose medical improvement is not expected (MINE), reviews are no more frequent than every 5 years. When medical improvement is “possible,” (MIP), a review can be scheduled every 3 years but the actual performance of the review is less subject to prediction.
Call Sackett and Associates for Essential Disability Guidance
Applying for Social Security benefits as a disabled adult child of an eligible parent can be a complex process. Obtaining guidance from an experienced disability attorney like Sackett and Associates is imperative. Our entire law practice focuses on disability law. Disability law specialists understand the specific circumstances that must be established before an adult child can qualify to receive a parent’s benefits and we ensure your claim complies with all application requirements.
If a Social Security Disability application is incomplete or fails to provide clear support for the approval of benefits, your claim may be unnecessarily delayed or even initially denied. No one in need of Social Security benefits can afford to wait months longer than necessary if they can avoid it.
A grown child can collect a parent’s Social Security benefits under certain conditions, primarily if they are disabled and their disability began before age 22. These benefits are an essential source of support for disabled adults who may have limited opportunities for income. Understanding the eligibility criteria, the nature of the benefits, and the implications for both the child and the parent is crucial for taking full advantage of the Social Security system.
Sackett and Associates Disability Law Firm concentrates entirely on helping disabled individuals win and keep the disability benefits to which they are legally entitled. Contact our office today for help with your disability claim.
19 Replies to “Can a Grown Child Collect a Parent’s Social Security?”
My deceased husband pass with .pancreatic cancer I am the surviving spouse and disable plus we have an adopted son that is a full time student in college we both adopted him don’t that make me eligible for survivor benefits
You need to call shook and Stone they helped me get my my money they kept denying me and then I called chicken stone and had my money within a couple of months I hope this works out for you
All of my medical records do not exist being 34 years ago. My onset date for my disability should have been August of 1990 but I tried to work for a few years and it did not take so they changed the disability onset date to June of ’92. I was still 21 years old I need help appealing the denial.
I receive child, survivor, and disability benefits, my disablement started when I was 18, what will happen when my father * the person I get my benefits from *passes away?
Can I collect my deceased father’s SSI OR SSDI if I was dependent on him my whole life. I’ve never been married and have some depression issues. I have never been medically diagnosed as disabled.
My father took care of me completely all the way up to the day he died. Now I have no way of paying for taxes for the house, or for bills. I need some kind of help. I’m lost without him. Please someone tell me what to do.
If there are 2 children I is over 2o the 2nd is 14.whk will gat the ss .oney
You can collect social security…because your his survivor and depended child..hope your getting your check…did you have brothers or sisters…
I have gone through simular circumstancrs following My Moms “Queen Angel”Transtioning to Heaven. I was left with inhereted a generous income. Today after trying the best 2 care of my Fiance “Angel Queen” & Children. Following an Degenerative Disk Injury & Torn Rotators i suffered while Teaching @ LAUSD -All While just recieving SSI. What I Suggest to You Is Stay Faithful To Father God Keep Prayed Up. Our Most High Is Merciful & Love. Worthy 2 Be Praised….He can Handle All our Challenges & Circumstance.Nothing we go through Father God Cant Fix..Stay Strong My Friend🙏🏾💯
I’m wondering if I can receive my deceased father’s social security. I received SSI now. I started receiving SSI around 1993. I was born 10/07/1970.
My son’s dad was killed he was a veteran my son was diagnosed with autism as a young teen how can i apply for him to receive benifits from his dad ?
call social security give all info they will set up an appointment probably in person. Make sure you bring all of the documents requested. including the death certificate. And i am sorry for your loss.
My 23 year old daughter has severe anxiety and trouble holding a job and completing classes. I have paid into social security for over 40 years and have 5-6 more working years to go. I can barely pay her housing and expenses and have accumulated a lot of debt.
She has a long history of mental health treatments and was institutionalized during 9 th grade for 12 months ( for attachment disorder and mood disorder)
Would she qualify for disability through my social security?
Hello, I am suffering from scoliosis to the degree of completely unable to work however I have a case that I received from my deceased father in the dormant states of stiff necks and 4th grade Adderall and the medications of my 4th grade year were in my life then as now however it is a case of lawyer and a Neurologist or something, I see Dr 1x monthly and I have unexplainable pain in my ❓👈 spinal defect and agents orange Vietnam vet is passed away but 40yrs @chrysler and Mom suffers from multiple sclerosis and I believe with the right lawyer he’s significant benefit is proper for I have SSI and no pass to any type of help with issues of pain and playing politics with medicine etc etc is there anybody litigation wise, to take a look at my situation for you will see and understand what I now do and dormant SEVERE DISABILITY HAS ALWAYS GOTTEN WORSE AND 45 FEELING LIKE 95, I JUST WANT A CHANCE TO GET WHAT IS PART OF WHAT HAS DESTROYED MY LIFE.. I’M LEGIT WITH MY CLAIM AND I UNDERSTAND THE LAW OF THIS LAND HAS FAILED ME TIME AND TIMES… PLEASE HELP ME WITH MY LIFE ALTERED ARTHRITIS DESTROYED, PHYSICALLY AND MENTALLY, PHYSICALLY UNABLE TO WORK SINCE IDK, BUT I KNOW THAT I WAS BORN WITH THE WORST OF 4KIDS AND NO SIGNIFICANT INJURY WITH THE RESULTS OF SEVERE SCOLIOSIS FROM AGENT ORANGE OR GENETIC, I’M ELIGIBLE TO HAVE A LIFE:(.. LAWYERS CONTACT ME FOR HELP
For a long time I received my father’s disability after he passed away because I became disabled before 21 but I got married so the stopped my survivors benefits but I am divorced can my survivor benefits be reinstated
I have several questions , 1st I started getting disability in 2019 with rare burning skin cancer,and was unable to work , could or should I have got SSI , i have a paper stating ihad more than 1500. Assets but I was on my daughters checking acct and I removed my name and contacted them several times about this with a no reply…then I take care of my mother for the last 15 yrs to present , could i draw anything from her or my dads pension for more income, Im so tired of struggling and also what is missouri’s law about not being married but been with person for over 20 yrs that is deceased…. Thank you , pm
Yess my mom past and I was disabled before 21 and am not married can I draw ss off her
Hello I’m Robert Biggs. My mother is asking if my father who was away from the home, was on SSDI would he owe back pay until I was an adult. I was around 13 or 14 when he went on SSDI. I’m 43 now but my mom is curious.
I’m currently a 33 year old autistic male who lives with his mother. We both are on disability and I was wondering if when my mother passes away can I collect her portion of disability?
Is the current system of determining eligibility for SSDI fair and effective, or does it disproportionately disadvantage certain groups of individuals with disabilities?”,
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