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Marsha411JD
Marsha411JD, Attorney
Category: Legal
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Experience:  Licensed Atty, 28 yrs exp in the practice of law.
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I receive Social Security Disability benefits of about 1800/month.

Resolved Question:

I receive Social Security Disability benefits of about 1800/month. My young children receive an additional 900/m. My oldest child is now 19 and has severe bipolar disorder and OCD. His condition caused him to fail college 2 years in a row. If the oldest son apply for disability benefits, would his benefits reduce his brothers'? In other words, would he share the 900 with his other 2 brothers or get a standalone disability payment? Thank you so much.
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Your son would likely have to apply for SSI, since he probably does not have enough quarters worked to qualify for SSDI. That would be totally separate from your SSDI, which I assume is what you are receiving. His benefit would be for him only and would not affect the benefit that your other sons gets.

You can read more about SSI eligibility at: http://www.socialsecurity.gov/ssi/text-eligibility-ussi.htm

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

Thank you. I am asking about Social Security Disability not Supplemental Security Income. Here is the website: http://www.socialsecurity.gov/dibplan/dqualify10.htm#age22


Adults Disabled Before Age 22


An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a "child's" benefit because it is paid on a parent's Social Security earnings record.


The "adult child"—including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild—must be unmarried, age 18 or older, and have a disability that started before age 22.

Expert:  Marsha411JD replied 1 year ago.
Thank you for that clarification. Adding him might affect the amount that the other son's receive. In other words, regardless of his age, if you are going to add him, there is a maximum total amount the family can receive. I was thinking he would apply for his own benefits. This is what the rules say:

Maximum Family Amount

Each family member may be eligible for a monthly benefit of up to 50 percent of your disability rate. However, there is a limit to the amount we can pay your family.

The total depends on your benefit amount and the number of family members who also qualify on your record. The total varies, but generally the total amount you and your family can receive is about 150 to 180 percent of your disability benefit.

If the sum of the benefits payable on your account is greater than the family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected.

Customer: replied 1 year ago.

This means that he may qualify for $300/m on my record, reducing what his 2 brothers get from 450/m to 300/m each.


Then if he has no other income or resources, he would qualify for SSI. How much is that? What is the income limit to qualify for SSI?


Thank you.

Expert:  Marsha411JD replied 1 year ago.
I can't give you dollar amounts for what he would receive or what the maximum household income is right now. The SSA would have to do an intake with all expenses, household income, etc. to come up with the decision if the family income is too high and if not what his benefit amount would be.

However, you can see a discussion of the SSI income issues by going to:

http://www.ssa.gov/ssi/text-income-ussi.htm
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17029
Experience: Licensed Atty, 28 yrs exp in the practice of law.
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