Seeking SSDI Benefits for your Adult Child

 Posted on October 27, 2016 in Family Law

Kane County family law attorneyWhen a disabled worker becomes eligible to receive Social Security Disability Insurance (SSDI) coverage, he or she also becomes eligible to receive benefits to cover the cost of caring for his or her dependents. These dependents can include his or her spouse as well as his or her children, both minor and adult. The qualifications to receive SSDI coverage for an adult child are different from those to receive SSDI coverage for a minor child. If you are an SSDI recipient or a current or former spouse of an SSDI recipient with a dependent adult child, you may be able to receive benefits to cover his or her needs. If you are a divorced parent of such an adult child, work with an experienced family lawyer to ensure that your child receives the coverage he or she needs.

What Qualifies an Adult Child for SSDI Coverage Through a Parent?

If your child is 18 or 19 years old, not married, and a full-time student, he or she can receive SSDI benefits under the same qualifications that a minor child can receive them.

If your child is over the age of 18 and disabled, he or she can continue to receive SSDI benefits through a parent until he or she is married or no longer disabled, as long as he or she became disabled before the age of 22. If your child's disability did not develop until after his or her 22nd birthday, he or she must qualify for SSDI coverage based on his or her work history in order to receive it.

As the Divorced Parent of a Disabled Adult Child, What Type of Coverage Can I Receive?

If you are a divorced parent, you cannot receive any compensation from the Social Security Administration for the care of your child after he or she turns 16. You may receive coverage as the former spouse of an SSDI recipient, but this is due to your own status rather than your child's disability.

It is possible to negotiate an extended child support plan for your disabled adult child during your divorce. Speak with your lawyer about this and the multiple ways to handle it. You and your former spouse might create an agreement where he or she pays a monthly child support amount to help cover your adult child's care or you might agree to set up a trust fund for him or her. You might even create an agreement that involves both, so your child is cared for during your lives and after you both pass away.

Work With an Experienced Kane County Family Lawyer

If you are the parent of an adult child who receives SSDI benefits, either because he or she is disabled or because he or she is over 18 but not yet finished with high school, know how your divorce can impact his or her coverage. Speak with a member of our team of experienced Kane County family lawyers at The Goostree Law Group to determine your role as an SSDI recipient with an adult child. Contact our firm today to set up your initial consultation with us.




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