Can An Adult Child Collect A Parent’s Social Security?

Many people have parents who receive Social Security benefits of one kind or another. Often, adult children with parents receiving benefits wonder what may happen to those benefits in the future and if the children will ever be eligible to receive them. This is an understandable question to ask. Let’s take a closer look at situations in which adult children may be eligible to receive benefits and what factors must be met to do so.

Understanding the General Rule

Generally, adult children cannot “inherit” Social Security benefits. Typically, suppose a parent is receiving Social Security benefits of any kind, and that parent passes away. In that case, the benefits end at that time, and the child cannot directly “inherit” those benefits and continue to receive them. Generally, after the parent’s death, the funeral home will inform the Social Security Administration of the death, and the payments should be stopped shortly thereafter. If any checks are issued after the individual’s death, those checks must be returned.

While this is usually true, there are certain exceptions to this rule. Adult children can receive benefits in certain situations, but specific factors must be established. Examining potential exceptions and their qualifying factors can be helpful in thinking through your particular situation.

Examining the Exceptions

Some of the situations in which an adult child may be eligible to receive a parent’s Social Security include:

• The child is between the ages of 18 and 19 and is still a full-time high school student.
• The child is over the age of 18, has a disability that began before the age of 22 and has never earned more than the Social Security Administration’s “substantial gainful activity” limit.

The first category of adult children that qualify for a parent’s benefits is self-explanatory, and establishing that you’re a student will generally be sufficient to qualify for benefits until the child passes the age of 19. However, the second category is a bit more complicated, so a closer look may be helpful.

In order for a disabled adult child to receive a parent’s Social Security benefits, the child must have a disability that meets the criteria set forth by the Social Security Administration. This means that:

• The child must have a qualifying disability: To determine whether a medical condition is a “qualifying” disability, the Social Security Administration will review the medical evidence submitted by the potential recipient. Often, the Social Security Administration will consult what is known as the “Blue Book” – which is a resource that lists various conditions that may be disabling and their accompanying symptoms. Providing sufficient medical proof that you have a condition included in the Blue Book will increase the chances that your claim for benefits is approved. However, if your condition is not included in the Blue Book, this doesn’t mean you will automatically be disqualified. It may simply mean that additional medical proof is necessary to substantiate your claim.
• The disability must render the child unable to work for a period of at least one calendar year or more: To be “disabling” in the eyes of the Social Security Administration, the condition must render that child unable to work for a period of at least one continuous calendar year or more. If this is not the case, short-term disability benefits or financial support from other sources may be available, but the applicant will likely not qualify for Social Security disability.
• The disabled child is unmarried or married to a disabled spouse: If the disabled child is married to a non-disabled individual who earns a regular income, that adult child will likely qualify for the ongoing receipt of their parent’s Social Security disability benefits.
• The child is not earning income from other sources that would preclude the ongoing receipt of Social Security benefits. Finally, it is important to note that an adult child receiving Social Security disability benefits may jeopardize those benefits if significant income is received from other sources. It will be essential to consult with an attorney who knows and understands the law and can advise you as to your particular situation to ensure that you maximize your chances of receiving all benefits for which you are eligible.

Keener Law – Here For You

At Keener Law, we understand every aspect of the law regarding Social Security benefits. We also understand how essential these benefits are to our clients and what an important source of financial stability they can be. That’s why we’re passionate about helping our clients fight for the benefits they need and deserve and why we always pursue the best legal strategies on their behalf. We have the knowledge and experience you need, and we’re ready and waiting to help you with your claim. Give us a call today. We look forward to speaking with you soon.