When it comes to Social Security benefits, many people are curious about the eligibility of grown children to collect on their parents’ accounts. Understanding the circumstances under which this can happen is crucial, as it can significantly impact financial planning for both parents and their adult children. In this article, we’ll explore the specific conditions under which grown children may qualify for their parents’ Social Security benefits, including factors such as disability, dependency, and age.
What Is Social Security Disability Insurance?
Social Security benefits are a type of government program in the United States that provides financial assistance to eligible individuals and their families. These benefits are funded through payroll taxes paid by workers and their employers, and administered by the Social Security Administration (SSA).
There are several types of Social Security benefits, including:
- Disability benefits: Social Security Disability Insurance, or SSDI, benefits are paid to individuals who are unable to work due to a disability. Your SSDI benefit is tied to your work history — that is, the benefit amount is based on your earning records. But in some cases, if you do not have a sufficient work history, you can still be eligible for SSDI benefits based on your parents’ work record.
- Retirement benefits: These are monthly payments made to eligible individuals who have reached retirement age and have worked and paid Social Security taxes for a certain period.
- Spousal benefits: These benefits are paid to spouses of retired or disabled workers.
- Survivor benefits: The surviving spouses, children, and dependent parents of deceased workers are paid these benefits.
The amount of Social Security benefits an individual receives depends on their earnings history and the age at which they begin receiving benefits.
Qualifications for Child Benefits
A child, regardless of their disability status, may be eligible for child benefits if they have a parent who has a disability or is retired and is entitled to Social Security benefits. The child can get benefits if they are younger than age 18. A non-disabled grown child will only be eligible for benefits if they are between ages 18 and 19 and are a full-time student at an elementary or secondary school (grade 12 or below). They should also be unmarried in order to collect on their parent’s benefits.
Can Grown Children Collect Social Security Benefits from Parents?
Yes, grown children can collect Social Security benefits from their parents under certain circumstances. If a beneficiary’s grown child becomes disabled before the age of 22, they could receive benefits on their parent’s Social Security record when the parent retires, becomes disabled, or dies. The grown child does not need to have ever worked or have a sufficient work history to receive benefits on their parent’s Social Security record. They may also become entitled to survivor benefits when their parents die.
Qualifications for Disabled Adult Child Benefits
Disabled Adult Child (DAC) benefits are a category of Social Security Disability benefits designed for individuals who are disabled and are the adult children of Social Security beneficiaries, including those unable to work due to their own disabilities.
Qualifying disability
To be eligible for DAC benefits, an adult child over the age of 18 must demonstrate disability. Under the Social Security program, the adult child must be unable to engage in any substantial work activity because of a physical or mental impairment that is expected to last for a continuous period of at least 12 months or is expected to result in death. The physical or mental disability must be of such severity that it not only prevents the adult child from performing their previous work but also any other work, considering their age, education, and work experience in the national economy.
Continuous disability that manifested before age 22
To qualify for DAC benefits, the adult child must prove that they became disabled prior to their 22nd birthday. This means that disability was established or proven between age 18 and 22. In addition, if the disabled adult child is over age 22, they must demonstrate continuous disability. This means that there is proof that they became disabled prior to their 22nd birthday and continue to be disabled through the date of adjudication.
Therefore, work activity can impact an adult child’s eligibility for DAC benefits. If the adult child works at substantial gainful activity levels, the SSA will determine that they are not eligible for benefits and the disability will no longer be continuous. The SSA defines work and substantial gainful activity level by the amount of money one earns each month. In 2024, the SSA defines substantial gainful activity as working and earning more than $1,550 per month. There are exceptions to this rule. To learn more about these rules and their exceptions, read our article “Working While Receiving SSDI Benefits.”
A parent who receives Social Security benefits
The disabled adult child must have a parent who is retired or disabled and receiving Social Security benefits, or is deceased, to be eligible for benefits. The disabled adult child cannot collect benefits if the parent is not receiving Social Security.
Requirement of dependency
The disabled adult child must have depended on the parent for at least half of their support at the time the parent became entitled to retirement or SSDI benefits or at the times they passed away.
Restrictions on marital status
If an adult child is married, they cannot collect their parents’ Social Security benefits. However, exceptions exist if the spouse is also disabled.
Qualifications for Survivor Benefits for a Child
Survivor benefits provide monthly payments to spouses, children, and dependent parents of deceased Social Security beneficiaries.
Age restrictions
Children, regardless of disability, may qualify for benefits if a parent is retired or disabled and receiving Social Security. Benefits are available to children under 18. Non-disabled children aged 18–19 may also qualify if they are full-time students (grade 12 or below).
Restrictions on marital status
A child can only receive benefits if they are unmarried.
Potential Challenges and Delays for a Grown Child Receiving Parent’s Social Security Benefits
The process of obtaining Social Security benefits can be fraught with challenges and delays, especially for grown children seeking to collect on their parents’ accounts. Understanding these potential obstacles is essential for ensuring a smoother experience and securing the benefits they are entitled to.
Timing of application
The SSA does not automatically grant Disabled Adult Child benefits; they must be applied for. If a disabled adult child is currently receiving SSI benefits, they must still submit a separate application for DAC benefits. Delays can occur if the adult child or their guardian does not apply for benefits immediately after the parent’s retirement, disability, or death.
Similarly, the SSA does not automatically award child or survivor benefits. Child or survivor benefits should be applied for promptly because, for some claims, the SSA will pay benefits based on the time you apply, not the time that the worker became eligible for SSA benefits or died.
Proof of disability
The SSA has a strict definition of disability. The adult child must prove they are unable to work due to their disability and that the condition has lasted or is expected to last at least a year or result in death. Proof of disability usually comes in the form of medical treatment records. It is important to get ongoing treatment of the adult child’s disability to further document the limitations of their physical or mental disability.
Changes in circumstances
If an adult child’s circumstances change — for example, they get married or their disability improves — this could affect their eligibility and lead to a cessation of benefits. Work activity may also affect eligibility for Disabled Adult Child benefits.
To be eligible for benefits, the disabled adult child must be continuously disabled since prior to their 22nd birthday. Continuous work at substantial levels may demonstrate that the adult child is no longer disabled and no longer qualified for benefits.
There are some exceptions to this rule, however. For example, if a disabled adult child attempts to work but is not able to sustain the demands of work, the SSA may classify this as an “unsuccessful work attempt” and won’t count it against them. An unsuccessful work attempt may exist when the disabled adult child works for less than six months and then stops working due to their impairment.
Another exception is “sheltered work.” Sheltered work exists when a disabled adult child works with modifications or accommodations that a traditional employer wouldn’t usually make. Many individuals who perform sheltered work are employed by a family member, friend, or organization who hires the disabled adult child knowing their limitations.
Other Important Considerations
When claiming Social Security benefits based on a parent’s account, there are several other factors must be taken into account. These can significantly affect eligibility, benefit amounts, and the overall process, making it essential to understand the specifics before proceeding.
Impact on Parent’s Benefits
If a disabled adult child is eligible for benefits, their receipt of the benefits does not affect the benefit amount that their parent receives. The parent will continue to receive their full SSA disability or retirement benefit.
Benefit calculation
A disabled adult child is entitled to 50% of their parent’s benefit amount. If the parent is deceased, the disabled adult child will receive 75% of their parent’s benefit amount. If a disabled adult child has two parents who are eligible for Social Security benefits, the SSA will pay the higher benefit amount.
These benefit amounts are subject to the maximum family benefit.
Maximum Family Benefit
The Social Security Administration applies a maximum family benefit cap. This limit varies, but it is generally between 150% and 180% of the parent’s full benefit amount.
Duration of benefits
Disabled Adult Child benefits will continue until the SSA determines the beneficiary is no longer disabled or until the parent stops receiving their disability benefits. The DAC benefit may also end if the beneficiary marries a non-disabled spouse.
For survivor benefits, the benefit will end when the child turns 18 years old or turns 19 years old when their attendance at secondary school ends.
Medicare eligibility
A disabled adult child will become entitled to Medicare two years after their entitlement to SSDI begins. Medicare eligibility is only afforded to disabled adult children under the SSDI program. If a disabled individual is only entitled to SSI (Supplementary Security Income) benefits rather than SSDI benefits, they will receive Medicaid rather than Medicare.
Death of the parent
If a disabled adult child is receiving benefits based on their parent who receives retirement or disability benefits, the death of their parent does not end their own benefits. If their parent dies, the DAC benefits will continue, and the benefit amount can be up to 75% of their parent’s benefit amount.
Curious if you qualify for Social Security benefits through your parents? Contact LaPorte Law Firm today to understand your options and get personalized guidance on Social Security benefits
FAQs
You can apply for benefits by calling the SSA’s national number at (800) 772-1213 or by making an appointment at your local SSA office. To find your local SSA office, click here.
You can only collect Social Security benefits from one parent. If you have two parents who receive Social Security retirement or disability benefits, the SSA will pay you the higher benefit amount.
Work activity does not affect your child’s eligibility for child benefits or survivor benefits. Disabled adult children’s work activity affects their eligibility for SSDI benefits. If a disabled adult child works at substantial gainful activity levels, they will not be eligible for SSDI benefits. To learn more about the exceptions to this rule, you can contact an experienced attorney who understands the arguments that can be made to prove disability.
