I got SSI in 2005 or 06 (not exactly sure), I have 2 kids, they were ages 8 and 6. Social security told me I could not collect on my kids, which I believed, but I have at least 3 friends whom have SSI just as I do and have collected on their children (one of them was even collecting on his step daughter, no blood). Can I try to get back pay on them? They are grown now, but as their momma, I would live to be able to at least start some sort of college fund for them. Thank you Larry!
Hi,
If what you were receiving was Supplemental Security Income (SSI), then the answer is definitely no. SSI is a needs based benefit with no auxiliary benefits (i.e. additional payments for children or a spouse) for the SSI recipient's family members. Family members of an SSI recipient could potentially qualify for SSI individually, but only if they are blind, disabled, or at least age 65, and if they meet the income and resource limits for SSI eligibility. If that was true of your children, though, you would have needed to file an application for SSI on their behalf back when they were eligible.
On the other hand, if what you were receiving was Social Security disability (SSDI) benefits, auxiliary benefits are sometimes payable to family members of the disabled worker. Not always, though. Whether or not auxiliary benefits can be paid depends on the earnings history and primary insurance amount (PIA) of the SSDI recipient. A person's PIA is equal to their full SSDI benefit rate, and basically the lower the worker's PIA is, the less likely that auxiliary benefits would be payable.
If you were told that no auxiliary benefits were payable on your record, that was probably true but I have no way of knowing for sure. In any case, however, if your children are now at least age 18 then they'd have to file their own application if they want to try to claim back pay. Your children could insist on filing an application for retroactive auxiliary benefits, but they'd only qualify if a) what you were receiving was Social Security, not SSI, and b) your PIA was high enough to permit auxiliary benefits to be payable, and c) if you listed your children on your SSDI application, which might then be considered as a protective filing on their behalf. Normally, auxiliary benefits from the record of an SSDI recipient can only be paid retroactively for up to 12 months from the month in which the application for auxiliary benefits is filed, so a protective filing would be necessary in order for your children to successfully claim retroactive benefits from a number of years ago.
Best, Jerry
