Children can be eligible for survivor benefits or Social Security Disability Insurance (SSDI) benefits because of a parent’s eligibility in Arkansas. The child’s age, the parent’s work history, and even the child’s disability, impact their eligibility, and our lawyers can see if you qualify.
Minor children may get survivor benefits from Social Security after a parent’s death. Survivor benefits generally stop when minors turn 18, unless they are also disabled. Adult children who are disabled can get SSDI because of a parent’s earning record, provided they cannot support themselves and become disabled before age 22.
For a free case evaluation from our Arkansas disability lawyers, call (479) 316-0438 today.
How Can Children Be Eligible for Survivors’ Benefits from Social Security?
Children who are unmarried and under 18, under 19 and still in school, or over 18 but became disabled before turning 22 may get survivor benefits from the Social Security Administration (SSA) after a parent’s death.
Survivor benefits can equal 75% of the deceased parent’s basic Social Security benefit, based on their work history. To get SSDI through your parent’s earnings record, they must have worked enough years and contributed enough to Social Security via payroll taxes.
In addition to surviving minor children, surviving spouses can also receive survivor benefits in Arkansas.
What Are the Eligibility Requirements for Disabled Children to Get Parents’ Social Security Benefits?
Disabled adult children (DAC) receive SSDI payments through a parent’s earnings record when they would not otherwise qualify for Social Security benefits based on their own work history. To get these benefits, both DAC and their parents must meet certain criteria.
Age
To get SSDI benefits as a disabled adult child, an applicant must be over 18 with a disability that began affecting them before age 22. A parent’s age is pretty much irrelevant, other than that they must have worked enough decades to build up work credits that qualify their adult child.
Any medical evidence proving when you were diagnosed and began treatment helps confirm you became disabled before you turned 22, the cut-off for DACs to get SSDI through a parent’s earnings record.
Disability
In addition to becoming disabled before turning 22, a DAC must meet the SSA’s definition of disability for adults. We can compare your diagnosis to the SSA’s listing of impairments for adults. A DAC’s disability must be expected to last at least one year or end in death.
No Substantial Gainful Activity
DAC may only get SSDI through a parent if they cannot engage in substantial gainful activity (SGA) themselves because of a disability. No one applying for or receiving SSDI may have a monthly income exceeding the current SGA limit, which is $2,700 per month for blind individuals and $1,620 per month for non-blind individuals, or they may be ineligible for benefits. SGA limits increase annually.
Like other SSDI recipients, DACs might be able to work part-time jobs and stay below SGA thresholds. If you work as a DAC, you must report your monthly income to the SSA.
Parent Work History
The SSA heavily considers work history when assessing SSDI eligibility. If you don’t have a work history yourself because of a disability sustained before age 22, the SSA can consider your parent’s work history. Each year your parent worked and contributed to Social Security through payroll taxes, they also earned work credits. We can review your parent’s work history to see whether they have accrued enough work credits for you to receive Social Security benefits.
If you don’t know much about a parent’s work history, our lawyers can find the information you need to apply for SSDI.
How Often Do Children Get Their Parents’ Social Security Benefits?
How often you get Social Security checks because of a parent depends on the type of benefits you’re receiving.
Monthly Payments
Children receiving survivor benefits or DAC benefits based on a parent’s eligibility will get payments once a month. You can choose whether to receive the payment by direct deposit or by mail. The date you get monthly payments is based on your parent’s birthday, and payment days are the same each month.
One-Time Payment
Children who are eligible for a lump-sum death benefit payment of up to $255 receive it only once, not on a recurring basis.
How Long Are Disabled Adult Children Eligible for Parents’ Social Security Benefits?
Disabled adult children are expected never to work or be able to support themselves financially. They need ongoing financial support, and may get it indefinitely by applying for SSDI through a deceased or living parent’s earning record.
You are eligible for SSDI as a disabled adult child for as long as your disability remains and stops you from earning over the SGA limit. Continuing disability reviews are conducted for all SSDI recipients and require them to provide updated information about their condition.
How Do You Prove Eligibility for a Parent’s Social Security Benefits as a DAC?
We can prove you are eligible for a parent’s Social Security benefits using your medical records, your parent’s employment records, and physician statements.
Your Medical Records
We need medical records confirming your disability diagnosis before age 22 to prove SSDI eligibility as a DAC. We can contact physicians and specialists to obtain copies of these records to submit with your application.
Your Parent’s Employment Records
Though the SSA likely has its own records of your parent’s work history, our lawyers can also provide detailed employment records and tax returns showing your parent’s eligibility.
Physician Statements
Physicians who have diagnosed and treated DACs can provide statements explaining the permanent nature of an applicant’s disability and how it prevents the applicant from engaging in substantial gainful activity.
How Do You Prove Eligibility for Your Parent’s Social Security Benefits as a Surviving Child?
Surviving spouses and their minor children also need to proof the relationship with the deceased to get Social Security survivor benefits.
Proof of Parent’s Death
When seeking survivor benefits, children must provide the SSA with proof of a parent’s death, such as their death certificate and medical records.
Proof of Dependency
We must also submit proof of your financial dependency on your deceased parent, such as mortgages and bills in their name.
Proof of Parental Relationship
You must also prove that the deceased individual is, in fact, your parent, which we can accomplish by providing a copy of your birth certificate.
Deceased Parent’s Information
We also need your deceased parent’s information, including their Social Security number, employer, and other personal details.
How Can Children Apply for Parents’ Social Security Benefits?
Our lawyers often help children apply for Social Security benefits in Arkansas, whether they have survived a recently deceased parent or are disabled themselves and need financial support.
Learn Eligibility
Before you can apply for a parent’s Social Security benefits, you must learn about your eligibility. While there is no deadline to apply for monthly Social Security survivor benefits, there is a 2-year deadline to apply for the one-time lump-sum payment of $255, which you may also be eligible for.
Complete the Application Documents
You must thoroughly complete the Social Security benefits application, which our lawyers can also handle. If you are applying for survivor benefits, we will use Form SSA-24; for DACs seeking monthly payments, we will use an Adult Disability Report.
Applications with missing information face a high risk of denial, and our lawyers can ensure all required information is provided to the SSA.
Answer Follow-up Questions
The SSA may have follow-up questions for Social Security survivor benefit and DAC benefit applications. The SSA may contact DACs for additional medical information and evidence, like physician statements. Responding promptly to follow-up questions is important, as delayed responses only result in delayed claim approvals.
FAQs About Children Getting Parents’ Social Security Benefits
Are Children Eligible for Other Social Security Benefits?
Children may also get one-time $255 death benefit payments from the Social Security Administration for a parent’s death. Young children with disabilities may also be eligible for Supplemental Security Income (SSI).
What Documents Do You Need to Get Your Parent’s Social Security Benefits?
To get your parent’s Social Security benefits because you are a DAC, your parent recently died, or your parent is currently disabled or retired, you may need the following records:
- Parent’s tax returns
- Parent’s death certificate
- Applicant’s birth certificate
- Employment records
We will also need your Social Security number, as well as your parent’s.
Are Adopted Children Eligible for Adoptive Parents’ Social Security Benefits?
If you are adopted, you should still qualify for an adoptive parent’s Social Security benefits. You must be legally adopted and submit adoption paperwork with your application to the SSA.
Can You Be Married and Get a Parent’s Social Security Benefits?
Generally, DAC and survivor benefits stop when the recipient gets married, with exceptions for individuals who marry fellow Social Security beneficiaries, and divorce or annulment may also resume payments.
What is the Most Children Can Get from Parents’ Social Security Benefits?
If the parent is alive, the DAC seeking SSDI can get up to 50% of the parent’s primary insurance amount. If the parent is deceased and the child is seeking DAC or survivor benefits, they can get 75%, up to the family maximum.
What if Your Parent Isn’t Eligible for Disability Benefits?
If your parent doesn’t have a work history that qualifies them for Social Security Disability Insurance, you cannot get payments based on their earnings record. If your income is extremely limited, you may qualify for SSI.
What if Your Parent Isn’t Eligible for Social Security Benefits?
If your parent doesn’t have a work history that qualifies them for SSDI, you cannot get payments based on their earnings record. If your income is extremely limited, you may qualify for SSI.
Do You Need a Lawyer to Apply for SSDI Benefits?
Having a lawyer makes applying for your parent’s Social Security benefits much easier. It eliminates the risk of minor errors, such as spelling mistakes or missing information, from stopping you from getting the payments you deserve.
Call Our Arkansas Disability Lawyers for Help with Your Claim Today
For a free and confidential case evaluation from our Arkansas disability lawyers, call us today at (479) 316-0438.