Filing for Social Security Disability (SSD or SSDI) benefits is always a stressful event, even more so when you have children to support. The financial pressure adds immense weight to the burden you are already carrying when you wonder if you will ever get back to work. At NYDisability, Attorney Daniel Berger understands your anxiety and is ready to help you get all the SSD benefits you can possibly qualify for.

Can Your Child Get SSD Payments If You Are Receiving Social Security Disability?

If you have one or more children and you qualify to receive SSD benefit payments, you can receive additional SSD payments for your child. The Social Security Administration (SSA) provides for additional benefit payments for children who live with you who are under 18 years old. But the total family benefit is capped at between 150 percent and 180 percent of your monthly benefit amount.

The actual dollar amount varies because each SSD/SSDI benefit recipient’s monthly benefit payment amount is based upon their individual earnings record. That’s why some SSD benefit recipients get more or less than others. Let’s look at how the benefit amount is determined.

Get Straight Answers About Complicated SSD Benefit Questions from NYdisability

The best SSD lawyer in New York knows all the tiny details about claiming and receiving your maximum SSD and SSI benefits. Even the smartest SSD or SSI applicant can’t possibly learn the rules and regulations themself, without the help of an experienced SSD/SSDI and SSI lawyer. Specialists in Social Security Disability law like Attorney Daniel Berger at nydisability work with these rules and procedures every single day. A professional SSDI lawyer understands how your case might fit into a little-known exception to the general rule, entitling you to a higher SSD or SSI benefit than you thought possible.

Contact the best SSD and SSI lawyer you can find before you act on your case yourself. At the Daniel Berger Law Office, your case evaluation is completely free and you pay no fees at all unless and until we win you the maximum benefit you deserve.

How Is My SSD Benefit Amount Determined?

The Social Security Administration uses a formula to determine your monthly SSD benefit amount which begins by finding your average monthly income over your 35 highest-earning years. Only earnings on which you paid Social Security taxes are included. Then the SSA performs an “indexing” function by comparing the national average earned income for each of your highest-earning years with your earnings for each year. The figure reached is called your Average Indexed Monthly Earnings (AIME). Then, the SSA applies the following formula that is adjusted for inflation:

For 2022, the SSA will use the following equations to determine your benefit amount:

  • 90% of the first $1,024 earned, plus
  • 32% of the monthly earnings between $1,024 and $6,172, plus
  • 15% of the monthly earnings above $6,172.

How Much Can My Child Receive in SSD Benefits Based on My Disability?

If you have one child and you are the primary SSD benefit recipient, your child could qualify for a payment equal to 50% of your monthly benefit if they are under 18 years old and living in the home with you. If the child was either 18 or 19 years old, they can still qualify for the same benefit if they are full-time students in grade 12 or lower.

If your one child was disabled before age 22 and they continue to live with you, they can continue to receive the 50% benefit payment.

Family Maximum Benefit Limits

When the primary SSD benefit recipient has more than one child, or a spouse and multiple children, the SSD benefits remain limited to barely more than the 150% total received by the family with only one child. So, if there were no spouse but two non-disabled minor children in the home, then each of the two children would qualify for payments equal to 25% of the primary SSD recipient’s benefit.

With so many families and different household scenarios to consider, we can’t include in this brief article the different SSDI benefits each family member is eligible to receive. Step-children, adopted children, and grandchildren can qualify to receive SSD benefit payments under the right circumstances. If you have questions about your family members’ eligibility for SSD benefits, contact Attorney Daniel Berger and today for a full breakdown of how the rules apply to your household.

Divorced Spouses and Auxiliary Benefits

If you were married for ten years or more to a divorced spouse who became disabled and is now receiving SSD benefits, you may qualify to receive some auxiliary benefit too. You would qualify if your ex-spouse were collecting SSD benefits and you are at least 62 years old and caring for one or more of the ex-spouse’s minor children (under 18 years old).