If a parent receives Social Security disability benefits, his minor children and spouse can also receive benefits from Social Security.  These benefits are called
Protecting Patient Rights

Can children get Social Security benefits because of a disabled parent in Kingston, New York?

 

A: If a parent receives Social Security disability benefits, his minor children and spouse can also receive benefits from Social Security.  These benefits are called "auxiliary benefits" by Social Security.  The children and spouse of a disabled individual do not need to have any disability of their own to qualify for auxiliary benefits from Social Security.

The minor children are still potentially eligible for these auxiliary benefits even if the parents are divorced and even if the children live with the non-disabled parent.  Each family member is entitled to a monthly benefit.  The total benefits received by the family, however, cannot exceed the "family maximum amount", which is a cap on the maximum amount the family members can receive in auxiliary benefits.  The family maximum amount is divided among all entitled dependents.

Spouses of a disabled individual will also receive auxiliary benefits.  The auxiliary benefits to the non-disabled spouse are processed automatically along the spouse's disability benefits.    

What you can do if you want more information about auxiliary benefits 
 
If you have questions about the rights of children to benefits based upon their parent's disability, I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can send me an e-mail at jfisher@mmolaw.net.  You are always welcome to request a FREE copy of my book, The Seven Deadly Mistakes of Malpractice Victims, by sending me an e-mail with your name and address. 


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John H. Fisher, P.C.
278 Wall Street
Kingston, New York 12401
Phone: 845-802-0047
Fax: 845-802-0052
Toll Free: 866.889.6882
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John H. Fisher, P.C.
278 Wall Street
Kingston, New York 12401
Phone: 845-802-0047
Fax: 845-802-0052
Toll Free: 866.889.6882

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