Hi Larry,

I am a mom with 3 young children ages 13, 11, and 6. I have been receiving disability benefits since 2006 but also received back pay to 2002. After I began receiving in 2006 I was informed by the SSA that my children were also eligible for benefits. But when I went down to the office to apply for them I was told that I didn't make enough and therefore they wouldn't receive anything. If I recall correctly,the woman said that if I ever started making $1000 per month I should apply again. I didn't then and don't now have a clue what she was talking about. The people at my local office weren't very friendly or helpful so I am not certain I got the whole truth. I am still wondering if my children are eligible. What should be my next step to find this out? Thank you, Jennifer

Hi Jennifer,

My guess is that the Social Security representative was trying to explain the special family maximum formula that applies in disability cases. In some cases in which the disabled worker's earnings history results in a low benefit rate, no auxiliary benefits are payable to family members who may otherwise qualify for benefits (https://www.ssa.gov/OACT/COLA/dibfamilymax.html). I have no way of knowing whether that is involved in your case or not.

If you haven't already done so, you could file a claim on behalf of the children even if they wouldn't be due any benefits. At worst, Social Security would issue a formal determination telling you that no benefits are payable.

Best, Jerry