Question on Soc Sec for Child on Fathers benefits
 

We filed, were denied at first, waited almost 20 months for a hearing.
A fully favorable decision was received. However, as retired older parents I was reading a booklet on benefits and from what I read if our disabled child marry's, she is 20, she will lose her benefits.

She has been disabled from childhood, is receiving based on her fathers earnings. I am concerned now...does this means she has to be alone for her life, we are in our 60's and worried that all this was for nothing if she marrys and the man can not or will not take care of her.

Any other parents out there? This is not SSI, it is off her fathers earnings.

Wouldn't her disability status transfer to her as an adult at some point??
If she is disabled as a child and no improvement seems like it should carry forward..without having to apply and be approved again?

Great question and I have been trying to find an answer....This stuff is hard on this injured brain.....

If I get married, will it affect my benefits?

Is it me or would you loose benefits from this link?

I cant see how or why....It dont make sense and cant find clear understanding....

I would call them for sure..... 800-772-1213

If not SSI, then what? SSDI? SS? Your statement is rather confusing.

Agree w/davOD. If you cannot find an answer from the link he/she posted, you need to get in touch w/SS directly. Only they can give you a clearer answer.

HTH :hug:

No it is not SSI,
SSDI Based on not her own work history, but her fathers.
We applied as a child at 2008 but we earned to much.
Her dad retired 20010 and she was collecting on his benefits until she graduated (2014) unrelated to her disability.
She was receiving medicade for her disability, no food stamps, no cash as she lived with us and even at 21 our income was used, even though we are on social security.

When she would be graduating high school, we were told to apply for disability as a child under 22. We did, and were denied at first, but over 3 years later after she was 21 she was awarded SSDI disability as a child based on her dad's earnings.

Jo, even though she is now 21, she was disabled before 22, they deemed back in 2008 in grade school was the disability start date.

She is 21 now, never was able to go to a reg school after 2008, never drove, worked, or had social life due to the disability. But the way I am reading, even thought she received a favorable award, if she marry's she will lose it...I am so confused.

We are into our 60's what if she meets a friend and they want to marry, will that stop her income, surely she could possible improve as she gets older, but we can't predict that. Even if she does, it may be a menial job to just be not around the public or from home.

I am concerned. Maybe I can get a call into the attorney, I know he use to work for social security. Let you know if I do get an answer. If I call Soc Sec I am on hold 1 1/2 hrs and if I call three times get three answers.
Di

I thought that Jo, but then I read the pamphlet and it said those benefits could stop if she marry's. I thought that would be crazy. But maybe they feel that disabled people are no longer disabled if they marry?
Di

"If he or she receives benefits as an adult disabled since childhood, the benefits generally end if he or she gets married. However, some marriages (for example, to another adult disabled child) are considered protected.

The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 (If you are deaf or hard of hearing, call TTY number 1-800-325-0778) to find out if the benefits can continue.

I put a call in, he is out of the office. I am almost afraid to hear the answer after all this stress. He worked 20 years for Soc Sec before becoming an attorney and specializing in SS cases so if anyone would know he should....But why wouldn't this have been important to mention during the process at some time? (Rhetorical question)

I think were all on the same page, that it dont seam right?

When you find out please post the answer for us.....I cant believe there would be a loop hole like this after so many years?!

I see it states "could" lose it... as in may or may not...

So it might depend on if future spouse has high income, but really that only would seem to fit if a SSI issue (income based) not a disability issue..:confused:

Sorry, I don't drop by all that often anymore because the forum is slower.

DiMarie is referring to DAC (Disabled Adult Child) benefits or CDB (Childhood Disability Benefits).

If your daughter marries she will no longer be eligible for SSDI with the one exception if she marries someone also receiving SS benefits, this is called a "protected marriage". (It's rare but it does happen. This rule was put in place to allow two beneficiaries with mental impairments to get married without losing benefits.) If she were later to become divorced or widowed, she would not become eligible for DAC again, the exceptions being a voided or annulled marriage. She could of course still apply for SSI at that point if needed.

Right now she should be receiving 50% of whichever of your SS benefits is higher. She could receive up to 75% of either parent's benefit upon their death.

Disability Planner: Benefits For A Disabled Child

SSA - POMS: RS 00203.015 - Re-entitlement Requirements for Child's Benefits - 04/03/2013

There are special resources for young DAC beneficiaries to help them go to college or receive training and even work part time. If she can take classes online, you might want to encourage that. There are many jobs that can be done from home now. She could actually earn credits towards her own SS record.

Planning for Adult Children with Disabilities – Special Needs Alliance

Her CDB (formerly called DAC) would end unless, like a previous poster said, she is in a protected marriage to another CDB, but not to an SSI recipient.

There is an assumption in SSA law that marriage conveys a responsibility for the other person. That is why spouses can get benefits from the deceased or retired husband/wife. So when she marries, the responsibility for her shifts from her parents to her spouse. And she is no longer a dependent of her parents. She then has the potential to be eligible on the spouse's record if she meets age (62) requirements.

She will have to decide if keeping the CDB benefits is more or less important than marriage. It is a choice.

That is a great explanation, Thank You!

Usually, Social Security takes away benefits for a disabled person with a claim on a parent's work record as soon as they marry. The big exception is if they marry another disabled adult who is claiming benefits from a parent's work record.

That's because spouses have a legal duty to support one another.

What happens in reality of course is that it makes it impossible for people to get married because they would be financially sunk once the disabled person has ZERO income, still can't work, and becomes a financial drag on the marriage.

I'm quite certain that there are lots of people out there who avoid getting married and cohabitate because the government does stuff like this to people.

Oh, and if Social Security finds out that you're cohabitating with a person who you are intimate with and "could get married", they can treat you like you did get married and take benefits away even if you aren't married.

So, the way I see it, it's heads they win, tails you lose.

But it's probably hard to prove that such a situation exists. I've heard of senior citizens who are in a similar predicament (benefits from a deceased spouse) who cohabitate.

I'm not going to say it's the right or wrong thing to do, but these are Social Security's policies and what people in the real world are doing because of it.

Social Security, in many cases, is the classic example of a poverty trap.