Social Security Benefits Based on Parents Earning History Explained by Indiana Attorney

As Indiana’s Social Security Attorney, I must explain the basic differences between the two disability programs offered by the Social Security Administration.  Most people I talk to tell me they applied for SSI and need help with their case.  In most instances, people use the term SSI as a catch all phrase.  What they really mean is that they applied for both Title II Disability and Title XVI Supplemental Security Income.  The difference between the two is huge and Title II Disability is the better program.  A worker becomes eligible for title II Disability by working and paying their FICA Tax.  This tax is kind of like a premium you pay for Insurance.  When you have worked for five years and paid the FICA tax, you become eligible for Title II Disability.  The worker will remain eligible for the Title II benefits as long as they continue to work and pay the FICA tax.  In fact the worker will remain insured for the five years after they stop working. The worker will be eligible for Medicare two years after they become disabled.

Title XVI SSI, on the other hand, is for those who have not worked or paid enough into the FICA tax fund.  This would include those persons who have not worked because they become disabled at a young age and have not yet had an opportunity to earn money. Some basic differences between SSI and Title II Disability is that one is entitled to more money under Title II and there are restrictions that apply to SSI that do not apply to Title II.  One example of these restrictions is if you are living with someone who is paying all the bills and supporting you, the amount of that support will decrease the amount of benefits the SSI recipient will receive.  It is because of these restrictions, and the lower benefits that if you qualify for Title II you should apply for it.

So, How does a young person become eligible for Tile II based on their parent’s earning history? We must look to 20 C.F.R. Section 404.350. CFR stands for Code of Federal Regulations.  This section tells us that you are eligible for benefits, based on your parents earning history, if you are the earners child, you are dependent on the earner, you apply, you are unmarried, you are under 18 or if you are older than 18 your disability started before you became 22, and your parent is either receiving disability, is entitle to Old Age Benefits, or is deceased.  If this criteria applies to you, make sure you apply for child benefits based on your parents earning history.