Ask Larry

Do I Have A Right To Continuity Of Benefits On My Father's Record?

greetings thank you for answering, but I am already requesting the benefit of adult child and social security sent me to fill some documents of work history made before 22 years of age ,,, and also sent me to fill a document on the record of work as an adult, these 2 documents establish whether I pass above or below the lucrative substance and establish the right to the benefit of blind legal impediment since I was a child before I turned 22, because they told me that I had to fill out another document that is equivalent to the right of continuity that I received as a child because my father was incapacitated and I received a payment up to 18 years of age child support benefit this document establishes a child protection by my father's social security and As my mother did not know about these rights, she did not claim continuity as a legal blind since childhood, what I was told was that as I was incapacitated under my own social security as blind legal and in combination with another impediment as an adult was declared totally disabled, which then indicated to me in the social security that the impediment existed of birth and as a child and was combined with another impediment as an adult, then the protection of the insurance of my disabled father when I was a child, gives rise to the right to a payment since my father became disabled according to what was indicated to me, I ask you if you know about this and how that payment of the active 50% would be established. inability of my father since I was a child and 75% when my father dies when I was an adult until the present,,,thanks for your help...


If I understand you correctly, you received Social Security benefits as a child and those benefits terminated when you reached age 18 because Social Security was not aware of your disability. I suppose if Social Security could establish that you were entitled to continuation of those benefits based on disability that they could possibly re-open their determination to terminate your benefits. However, re-openings must normally be done within 4 years of the determination unless an exception applies. The only exception that might apply in your case is 'error on the face of the evidence'. For example, if there was unequivocal evidence in your Social Security records that you met the requirements for childhood disability benefits at the time that your benefits were terminated, then Social Security could potentially re-open the decision to terminate your benefits even if that termination happened more than 4 years ago (

If Social Security did reopen the decision to terminate your benefits at age 18, then at least in theory they could go back and pay any benefits that you would have been due since that time. The benefit rate for childhood disability benefits is 50% of a living parent's primary insurance amount (PIA), or 75% of a deceased parent's PIA. But, if you're drawing Social Security disability (SSDI)benefits, you could only be paid childhood disability benefits (CDB) to the extent that those benefits exceed your SSDI benefit rate.

I don't have nearly enough information about your case to know if a reopening would be possible in your case, but it sounds like that's the only way that you could possibly claim more than 6 months of retroactive childhood disability benefits, Based on your question Social Security is apparently already working on your case, so you'll need to discuss any questions you have with them.

Best, Jerry

Jul 15 2019 - 1:04pm
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