Legal Question in Social Security Law in Alabama

SSi and SSDI child benefits

Can you draw both SSDI off of your father when you are a disabled child before 22 and can you also get SSI if your amount you draw off of your father is $400.00 amonth or less? Can you draw both and how much would you draw per month?


Asked on 3/23/09, 3:10 pm

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: SSi and SSDI child benefits

This is a rather complicated question to answer based upon the limited information provided. Generally speaking, adult disabled child benefits would apply beginning at age 18 if all other requirements were met: 1) the child is found to be disabled; 2) the parent is either retired or drawing disability benefits for themselves or 3) the parent is deceased but was insured for benefits as of the date of death.

As to whether you can draw disabled adult child benefits and SSI, concurrently, the likely answer is yes. So long as the amount of the SSD benefits are below approximately $800 per month, you may qualify for additional SSI benefits.

It is impossible to state exactly how much per month an SSI benefit would be under the above-circumstances. Social Security uses a complicated formula based upon income and asset information and makes these determinations separately from any procedures that a representative is normally involved in.

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Answered on 3/24/09, 12:40 pm


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