Can My Son Receive His Current Benefits And Also Receive Mental Health Disability Benefits?

Jul 14 2018 - 9:40am

My current husband is 88 years old and receives SS benefits of $2100 per month.

Three years ago we legally adopted my biological grandson, Jonny who is now 13 years old. Jonny currently receives about $1000 a month on my current husband’s social security record.

I also have an adult disabled son, Adam, who receives $1800 a month on my first husband’s record. I am the representative payee for both children.

Recently Jonny began to have serious mental health issues, has been hospitalized and is being treated with intensive in home therapy which brings up several questions.

1 Can Jonny continue to receive his current benefits on his retired father’s Social Security record and also receive disabled child mental health disability benefits assuming he meets the qualifications?
2 Since my husband is now over 85, can Jonny receive child survivor benefits even though my husband is still alive and still receiving benefits himself? From what I read after 85 Johnny should be eligible for child survivor benefits because of his assumed age 85 maximum age of life.
3 Can I receive “child in care” spousal benefits for our adopted son, Johnny, under my current husband’s social security record?
4 Can I receive survivor’s widow’s benefits from my current husband record since he is past the age of 85 (the maximum age of life) without losing current benefits from my previous husband? (Since I am past the age of 70 I think this may be possible)
5 When I die, can either or both of my children currently receiving benefits on their fathers records also receive benefits on my record?
6 Is there a way to determine our family dollar limit?
7 Are there other benefits that we may be eligible for?


To answer your questions in order:
1) No, assuming that you're referring to Social Security benefits. Being disabled can just enable a child to continue receiving benefits on a parent's Social Security record after the age of 18. If the child is still under age 18, they can qualify for child's benefits without regard to disability. And, there's no difference in the benefit rate payable to minor children and disabled adult children. But if your son qualifies for mental health benefits from some source other than Social Security, that would have no effect on his Social Security child's benefits.
2) No. It's not possible to qualify for Social Security survivor benefits on a living person's record regardless of their age.
3) Yes, it sounds like you may qualify for child-in-care spousal benefits, but I can't say for sure without more information.
4) No. Refer to answer #2.
5) Yes, your children could potentially qualify for survivor benefits on your record in the event of your death, but they could only receive benefits on one parent's record at a time. So, they'd only be paid whichever benefit rate is highest, not both.
6) Yes, you could ask Social Security what the family maximum amount on your husband's account is, or your could use our maximization software to calculate the amount.
7) Whether or not you could qualify for additional Social Security benefits depends on a number of variables not included in your question. You should strongly consider using our maximization software in order to explore your benefit options and determine what filing strategy would likely be best in your case.

Best, Jerry