Skip to main content

Being a Parent and Applying for Social Security

Tacoma, WA |

I would like to apply for Social Security disability and I have two children in my care. I wanted to know what my rights are as a parent receiving benefits while caring for my children. Depression and anxiety run in my family and I have not been able to work in over a year. I have not yet applied but plan on doing so in the near future.

Attorney Answers 3

Posted

Good morning, and thank you for your post:

"I would like to apply for Social Security disability and I have two children in my care. I wanted to know what my rights are as a parent receiving benefits while caring for my children. Depression and anxiety run in my family and I have not been able to work in over a year. I have not yet applied but plan on doing so in the near future."

Your rights are not different than any other parent or non-parent to file a claim for Social Security Disability. Being able to caretake for your children, by itself, does not typically mean you can work a 40 hour work week in a simple but competitive work environment, and that is the general standard of whether we are disabled as that term is defined by the SSA.

So, again, you gain no additional rights just because you are a parent, in your claim for insurance benefits, but you are also not deprived of any rights simply because you are a parent.

Good luck with your mental health struggles and your claim.

Mark as helpful

4 lawyers agree

2 comments

Stephanie O Joy

Stephanie O Joy

Posted

As pointed out by my colleagues, there are auxiliary benefits that a child of a disabled individual may receive. It is not your money per se, nor necessarily for the use by household members, but if you become the Representative Payee for that child, you will become responsible for safekeeping those dependent's benefits to be used for the child or saved for the child for later. As such, you provide regular reports to the SSA on how your spent or saved your child's benefits, for his/her benefit. To become Representative Payee, you would generally have to be able to handle your own moneys (i.e. you must not have a Representative Payee of your own, which sometimes occurs if an impairment is of a mental nature such that the beneficiary is unable to competently handle his own money, negotiate payment of his bills in a timely manner, etc.) Otherwise, generally, the custodial caretaker of the children becomes their Representative Payee.

Asker

Posted

My main concern is being looked down upon for getting social security while caring for my children. I stress over the fact that people may assume that because I am receiving the disability benefits then how should I be able to care for two children?

Posted

Additionally if you are found to be entitled to benefits your household may receive additional money if you have dependent children.

Mark as helpful

3 lawyers agree

Posted

If you qualify for ssdi you can get extra money for minor children.

The information you obtain from this website is not legal advice.

Mark as helpful

4 lawyers agree

Social security topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics