Legal Question in Social Security Law in Pennsylvania

Are there any circumstances regarding disabled parent's children " from receiving its share of back-pay, off a parents "award" ? Example, individual has 3 children all which would of been eligible to receive income from a parents disability award, yet only 2 (whom are over now 18 ) will receive the "back pay". The 3rd child (is now 8 years) who too should have been/ and "think" currently would be eligible will not? The time period which I am referring to began in Dec 2004, parent began receiving disability payments.

Asked on 7/03/12, 1:25 pm

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Minor children of a disabled person generally are entitled to receive an auxiliary benefit. That benefit is 40-50% of what the parent receives. The children should share equally in both the past due (lump sum) and on-going benefits until they turn 18. If that's not the case, contact your local office.

Note that this auxiliary award is not automatic, the custodial parent must make an application for the minor and the 18 y.o. child must make his own application.

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Answered on 7/03/12, 1:49 pm

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