Ask Larry

Will My Mother's Benefits Continue If My Daughter Is Disabled?

My daughter is 15, and will be 16 in December. She receives dependent survivors benefits, and I receive mothers survivors benefits as well. I would like to apply for disability for her based upon intellectual disabilities, to extend my benefits, and ensure she can continue to draw on her father's record. In Her last testing, she had an IQ of 67, along with several severe adaptation issues. I took her to a psychologist for testing anxiety for about a year. He makes determinations for SSA and says she qualifies. My questions are: can I go ahead and apply now, or do I have to wait until 6 months before her birthday? I read they can automatically convert her benefits to adult child in care when she is 18. Is this correct? If she is deemed disabled, will my benefit convert too? My benefit is currently income based. It is my understanding that once converted, my benefit will no longer be that way. How much will she and I receive once it converts? Right now we each get 75% of my husband's PIA. He was drawing SSDI at his death. What suggestions do you have as far as evidence to submit for this type claim? Finally, what happens to my mothers benefit once I reach FRA? Can I claim widows benefits at 60 and get mothers benefits also?

Hi,

Yes, you can continue to receive mother's benefits if you have a child in care who is eligible for disabled child's benefits based on a mental impairment. Mother's benefits aren't income based, but they are potentially subject to withholding based on Social Security's earnings test (https://www.ssa.gov/planners/retire/whileworking.html). Your benefits would still be subject to the earnings test limits even if your daughter is determined to be disabled.

You must wait until your daughter is within 6 months of turning age 16 before you can initiate the paperwork needed to determine whether or not she qualifies for disabled adult child's benefits. You'll need to contact Social Security at that time, and they will assist you in completing the necessary forms. You can submit any medical records or other proof that indicates that your daughter is disabled, but it's not required. Social Security will request records from any sources that they believe is needed for their determination. Assuming that your daughter is found to be disabled due to a mental impairment and as long as she remains in your care, both your benefits and her benefits should continue even after she turns 18.

If you continue to qualify for mother's benefits until you reach full retirement age (FRA), they will be converted to unreduced widow's benefits at that time. You can't draw both mother's benefits and widow's benefits simultaneously. You could opt to switch from drawing mother's benefits to widow's benefits prior to FRA, but your benefit rate would then be permanently reduced for age.

You may also want to switch to drawing your own Social Security retirement benefits at some point if your own benefit rate is higher than your survivor rate. Your retirement benefit rate will continue to grow until age 70, so if it is higher than your survivor rate it may be best to wait until age 70 to switch to your own record.

Best, Jerry

Posted: 
Feb 4 2020 - 12:34pm
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