Ask Larry

Will My Child Be Able To Receive Child's Benefits On Both My Record And My Spouse's Record?

Hello, my spouse and I both receive SSDI and SSI and are expecting a child. When the child is born, will she be able to receive child's benefits on both of our records? And I know a spouse can receive benefits based on a child being under 16, but how does both of us receiving benefits and both of us supporting our daughter affect this? Thank you!

Hi. No, at least not at the same time. If both you and your spouse are collecting Social Security disability (SSDI) benefits, then your child could be eligible for a benefit rate of as much as 50% of the higher of either your primary insurance amount (PIA) or your spouse's PIA, not both. A person's PIA is equal to their benefit rate if they start drawing benefits at full retirement age (FRA), or their full rate.

Once your child is born, either you or your spouse could potentially qualify for child in care spousal benefits. However, no child in care benefits will be payable unless one of your PIAs is less than 50% of the other spouse's PIA. Therefore, if your full SSDI rate is more than half as much as your spouse's full SSDI rate, and vice versa, then neither of you could qualify for child in care spousal benefits.

Best, Jerry

Mar 6 2022 - 10:39am
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