Social Security Disability Insurance (SSDI) aims to provide financial assistance not only to the disabled applicant but also to their families. These are called family benefits and can be provided to the children or spouse of the applicant. But can emancipated children get SSDI?
If a child is emancipated, the Social Security Administration (SSA) will consider them to be independent and capable. Thus, they will not be considered ‘dependent’, making them ineligible for family benefits. However, the child can apply for SSDI independently based on their own record.
Read below for more information on when emancipated children may be able to get SSDI.
SSDI Overview
The Federal Insurance Contributions Act (FICA) requires employers to withhold a portion of each employee’s paycheck for social security taxes to pay for retirement, spousal, and survivor benefits, as well as disability insurance.
A portion of these proceeds goes into the Disability Insurance (DI) Trust Fund, which is then used to pay for Social Security Disability Insurance.
A person must have worked in a job where they contributed social security taxes for a predetermined period of time in order to be eligible for disability benefits from Social Security. In most cases, you can expect to need 40 credits, 20 of which must have been acquired during the most recent ten years until the year that you became disabled. You also need to meet Social Security’s criteria for a disability.
It is important to differentiate between Social Security Disability Insurance and Supplemental Security Income (SSI), which aids people with financial needs irrespective of their prior job history. Despite their superficial similarities, the requirements for receiving either type of payment and the amounts you might be eligible to receive are somewhat different.
SSDI Family Benefits
If you are currently receiving SSDI benefits, it is highly likely that the majority of your dependent family members will also be able to receive benefits. However, they must fulfill specific requirements.
If you are receiving Social Security Disability Insurance benefits and your spouse also meets one of the following criteria, they may be eligible for payments based on your employment history:
- Caring for your child who is under the age of 16
- Caring for your child who became disabled before the age of 22
- Being over the age of 62 years
Your ex-spouse may be able to obtain benefits based on your earnings record if the marriage between the two of you spanned a minimum of ten years before it ended in divorce. They will need to fulfill the following requirements:
- Your ex-spouse is at least 62 years of age.
- Your ex-spouse is currently unmarried, and
- Your ex-spouse does not qualify for a greater payment based on their own earnings record
Your child may be eligible for dependent benefits based on your employment history if they meet the following criteria:
- The child is your biological or adoptive child or your stepchild
- The child is unmarried
- The child is under the age of 18 or 19 (if enrolled in high school), or the child has a disability and is any age
When a worker passes away, members of the worker’s family, including the worker’s parents, may be eligible for survivor benefits. To be eligible for the survivor benefit, a parent must meet the following requirements:
- They must have previously relied financially on the worker who passed away
- They must be at least 62 years old and unmarried
- They must not be eligible to receive a retirement benefit amount that is greater than the specified value of the survivor benefit
What is the SSDI Family Maximum?
As discussed before, if a person is receiving Social Security Disability Insurance benefits, their spouse and children may also be eligible to receive monthly benefits from the SSA. These payments are referred to as family benefits or auxiliary benefits.
The earnings of the primary recipient determine the amount of the family’s benefit. The Social Security Administration limits the amount of money paid out in SSDI benefits to a person’s family each year based on the person’s work history.
Each family member could be eligible to get a family benefit equal to up to fifty percent of the disabled worker’s monthly benefit amount. The following factors determine the total amount of money that each family member receives:
- The total amount of benefits that are awarded to the principal beneficiary
- Number of dependents eligible to collect family benefits on behalf of the beneficiary
SSDI family benefit limits do not affect the primary beneficiary’s monthly payments. Instead, the Social Security Administration will lower the benefits of the other family members by the same amount until the combined benefits of all family members reach the SSDI family maximum.
The SSDI family limit can’t be lower than 100% of a disabled worker’s Primary Insurance Amount (PIA) and can’t be higher than 150% of that worker’s PIA. In most cases, the limit is set around 150% of the PIA. The PIA is the benefit a person would receive if they elected to begin receiving retirement benefits at their normal retirement age.
With an SSDI monthly payment of $1,400, the highest amount a family can get is 150% of the benefit, or $2,100. If the individual’s husband, daughter, or son is eligible for up to fifty percent of the individual’s benefit, then each of them would receive $700.
However, after subtracting the $1,400 primary beneficiary’s payment from the $2,100 family maximum, only $700 is left to pay the spouse and children. The Social Security Administration will divide the $700 into equal portions, which would give each member a total of $233.
When a Social Security Disability Insurance recipient reaches retirement age, disability payments then transition to retirement payments. A retired worker’s maximum family payout from the Social Security Administration is typically between 150% and 188% of their PIA. So, the decrease in benefits for the children and spouse is smaller.
An attorney who specializes in disability claims may be able to provide additional information regarding the payments that individuals with disabilities and the members of their families who are financially dependent on them should get.
SSA Capability Determination for Children
Children under the age of 18 are considered incapable by the Social Security Administration unless their state laws granted them emancipation.
Children under the age of 18 who demonstrate that they are able to responsibly handle their benefits may be eligible to receive direct payments in specific circumstances.
If a child is under the age of 15 and has not obtained legal emancipation in their state, they must have a payee. The Social Security Administration will presume that the child is capable if the child has been emancipated unless there is an indicator suggesting otherwise. They will conduct a capability assessment in a similar manner for an adult beneficiary.
The Social Security Administration will not evaluate a child’s capabilities until the child makes a request for direct payment and submits their own application.
If a child is a minimum of 15 years old and not emancipated, the SSA will assume that the child is incapable when the child is:
- Officially under parental control or in the custody of someone stepping in as a parent
- A court has designated a legal guardian
- Eligible for disability payments, and there is evidence that the child has a substance abuse disorder that warrants intervention
If the child is over the age of 15, the SSA will presume the child is capable and will make direct payments if the child is:
- Emancipated under state law
- Qualified for disability benefits based on their work record
- Actively enrolled in the armed forces
- They are living by themselves without external assistance
- A parent who submitted a claim for their own or their child’s benefits and is accustomed to managing finances
- Within 7 months of turning 18 and is applying for benefits for the first time
- Capable of handling finances and has no payee
Can Emancipated Children Get SSDI?
A child who has been legally emancipated from parental supervision under state law is no longer considered a minor. In most states, obtaining a court order is required. Emancipation and minimum age restrictions change from state to state.
Once a child reaches the age of emancipation under state law, they are legally considered to be an adult for all purposes, unless there are reasons to believe otherwise.
This means that the child cannot receive family benefits based on the work record of their parents. If they applied for SSDI, they would receive payments as the representative payee (if eligible).
Proof of emancipation from parental control under state law (such as a court order) must be provided to the Social Security Administration.
The Social Security Administration will also conduct a capability assessment and determine just as they would for an adult recipient if there is any doubt about the ability of an emancipated minor. The determination will then be documented.
Who is Eligible for SSDI?
The Social Security Administration has strict requirements for anyone seeking disability payments. A person is considered disabled if they are unable to perform any “substantial gainful activity” due to:
- A physical or mental disability
- The disability must have lasted for or is expected to last for a minimum of 12 months or is expected to end in death, as determined by a licensed medical professional.
SSA has a five-stage process to determine if a candidate meets the disability requirement:
1. Is the Applicant Working?
If you are currently employed and engaged in substantial gainful activity, then you are deemed to be capable of working. This means you do not have a disability. The monthly SGA limit is $1,470 (for 2023).
If your monthly income is over $1,470, you will most likely not qualify for benefits unless under special circumstances. You might, for instance, work at a sheltered workshop or receive extensive job coaching. If your income is not substantial, the SSA will proceed to the next step.
2. Does the Applicant Have a Severe Impairment?
You need to have a condition that prevents you from engaging in even the most fundamental of job duties. The prognosis must indicate that the condition will last at least 12 months or result in death. The SSA will move on to the next step if you have a severe impairment.
3. Does the Applicant’s Condition Match the Blue Book Listings?
The Social Security Administration has compiled a list of disabling conditions and illnesses. These conditions are included in the Social Security Administration’s “Listing of Impairments.” The listings are organized into sections corresponding to each of the body’s 14 systems (i.e., the digestive system, the respiratory system, etc.).
For each medical problem, you’ll find details like medical tests, diagnoses, and symptoms that must be present for your disease to qualify for the list. You will be considered to have satisfied the relevant medical requirements if your condition fits one or more of the listings.
Even if your medical condition does not match any of those in the Blue Book, you can be considered disabled if your condition is as severe as, if not more, than the conditions in the Blue Book.
4. Is the Applicant Able to Do Past Work?
This is the stage where SSA decides what kind of work you can undertake despite your health. This assessment is known as the Residual Functional Capacity (RFC). The RFC is an evaluation of both your physical and mental capacity to do fundamental job duties, such as the following:
- How much you can lift and carry
- How long you can stand, walk, or sit
- How well you can see and hear
- How well you can focus, take direction
- How well you can get along with others on the job
5. Is the Applicant Able to Do Any Other Kind of Work?
If the Social Security Administration determines that you are unable to return to your previous line of employment, they will subsequently evaluate whether you are capable of performing alternative jobs. At this stage, SSA takes into account your RFC in addition to your age, level of education, and job experience.
Conclusion
So, while the SSA does extend benefits to children in the form of family benefits, the rules are quite different when it comes to emancipated children since they are no longer considered to be dependent.
