Caring for a Child with Special Needs? You May Be Eligible for Early Social Security Benefits

Caring for a child with special needs requires many resources. One of these resources may be Social Security Disability Insurance (SSDI).

When a parent of a child with special needs retires and begins receiving Social Security retirement benefits, the child may qualify for SSDI. However, a lesser-known provision in the Social Security regulations allows the spouse of the retiree to also receive Social Security benefits. Importantly, this applies regardless of whether they are of retirement age. The spouse can qualify as long as they are caring for the child with special needs at home.

A Real-Life Example: Bob, Cathy, and Michael

Take Bob and Cathy, for example. Bob and Cathy have a son, Michael. Michael developed a disability prior to age 22. Now, Bob is ready to retire and join Cathy at home, taking care of Michael. As a result, Michael will begin to receive SSDI benefits upon Bob’s retirement.

Cathy is 55—not yet of full retirement age. However, because she is caring for Michael at home, she may begin to receive spousal Social Security benefits.

How Spousal Benefits Can Increase Household Income

Receiving additional benefits will raise the family’s total Social Security benefits beyond the maximum family benefit allowed by the Social Security Administration. As a result, Michael’s SSDI benefit will be reduced.

Even though it will cause a reduction in the child’s benefit, the combined benefits received by the family will result in an increase of more than $500 per month. Over the next seven years—from when Bob begins receiving Social Security benefits until Cathy reaches age 62—the family will receive more than $48,000 in additional benefits.

Who Qualifies for These Additional Benefits?

According to the Social Security Administration (SSA), a parent may qualify for these benefits if they exercise parental control and responsibility for a child with a mental disability. A parent may also qualify if they provide personal care and services for a child with a physical disability.

When Should You Contact the Social Security Administration?

If a parent is already receiving spousal benefits before the child turns 16, the SSA will most likely inform them of this opportunity. However, if the parent is not already receiving these benefits, it is important to contact the SSA when the retiring parent applies for Social Security to ensure this benefit is considered.

Speak with an Experienced Elder Law Attorney

If you would like to speak with an experienced elder law attorney regarding your situation or have questions about something you have read, please do not hesitate to contact our office at 1 (800) 680-1717. We look forward to the opportunity to work with you.

Disclaimer: The information provided above is for general informational purposes only and is not legal advice.