Social Security Disability on Your Parents Earnings History

Yes, a child who is disabled may file their claim for benefits based on their parents earnings history in certain circumstances.  I know you are asking yourself, “why would my child benefit from filing on my earnings history, as opposed to his own.  The answer lies in the difference between Title II Disability (SSDI) and Title XVI Supplemental Security Income (SSI).  SSDI pays more per month.  SSDI entitles the recipient to Medicare.  SSDI has fewer restrictions.  SSI is essentially welfare and therefore has many restrictions including set offs for support received from other sources.  SSI pays less per month.  As an SSI recipient, who has not worked, it is likely that you will not be eligible for Medicare.  So, now you know that if you can, you want to apply under your parents earnings history to be eligible for SSDI.  What now?

First, the rules which cover eligibility for a child on the parent’s earnings history are found in 20 CFR parts 400-499.  More specifically the rules are found at 20 CFR Section 404.350.  Generally to be eligible under these provisions you must be the child of a covered individual who has either died or is currently receiving SSDI or retirement benefits.  You must be either under 18, or you are 18 or older and your disability began before you turned 22 or you are 18 or older and qualify as a full time student under section404.367.  Of course you also have to apply under the parents social security number.  Other rules do apply, but a complete description in the blog would take several pages.

If you think you qualify, but are not sure and have questions, please feel free to contact us.