In 2016, my daughter qualified for child disability benefits under my (father's) work record and still receives them. She also receives SSDI under her limited work record. In 2020, SSA required my daughter to apply for child disability benefits under my wife's record; I believe they did this so that she could technically qualify under my wife's record. My daughter's initial application and Request for Reconsideration were denied on the ground that she was not disabled. We are pursuing an ALJ hearing. If we lose the hearing, will my daughter continue to receive child disability records under my record ?

Hi. The medical requirement to qualify for childhood disability benefits (CDB) is the same no matter on which parent's record the disabled adult child applies. In most cases, if a child is already collecting CDB benefits on one parent's account, that determination can be adopted to establish entitlement on the record of another parent.

I don't know the reason for your daughter's claim being disallowed, but if it was because she doesn't meet the medical requirements then that would more than likely mean that she wouldn't qualify for CDB benefits on your account, either. There are other possible reasons for a child being able to qualify for CDB benefits on one parent's account but not on the account of another parent, though.

For example, if your daughter worked at above the substantial gainful activity (SGA) level at some point after she initially qualified for CDB benefits on your account and if the SGA occurred after she reached age 22, that could potentially bar her from subsequently qualifying for benefits on your wife's account. She could still potentially qualify for CDB benefits on your account even in that event, though, if the SGA was performed as part of her trial work period (TWP).

Best, Jerry