Duffield, Lovejoy & Boggs, Attorneys at Law - Huntington Personal Injury Attorney

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Part 2: Can an adult child receive SSDI benefits under you?

Last week, we discussed receiving Social Security benefits for a minor child who is disabled. You may have a child with a disability that will make him or her dependent on you for life. If this is the case, is it possible for you or your child to receive adult benefits that may assist in lifelong care? Fortunately, Social Security disability insurance benefits may be available in West Virginia if your child is still disabled after reaching the age of 18.

What are the requirements for your disabled child to receive SSDI benefits on your earnings record as an adult dependent? According to the Social Security Administration, Social Security benefits for minor children will stop in most cases once your child reaches adulthood. However, if your child was disabled before age 22 and is not married, he or she may be eligible to receive benefits if you are receiving Social Security retirement or disability income. If you are deceased, your child may continue to receive SSDI benefits.

What if your child never had a job? He or she may still be eligible for SSDI as long as you have worked, even if you are retired now. If you never worked, these benefits would not be available. Your adult child may also receive SSDI if he or she has a job, provided the income falls under a certain limit that usually changes year by year. In 2016, the maximum earnings for a child receiving SSDI benefits is $1,130. Also, if your child is already receiving Social Security insurance benefits, he or she may be eligible for additional SSDI benefits based on your earnings.

Social Security disability law can be complex. This is why this information should not replace the advice of a lawyer.

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