Navigating the world of social security and child’s benefits can be a daunting task.
This blog post aims to break down the specific eligibility criteria for child’s benefits, as outlined in § 404.350. By understanding these requirements, you can determine whether you or a loved one may qualify for these crucial benefits.
Eligibility Overview
To be entitled to child’s benefits based on the earnings record of an insured person, the following conditions must be met:
a. The insured person must be entitled to old-age or disability benefits or has passed away.
b. The applicant must be the insured person’s child, as per the relationships described in §§ 404.355 through 404.359.
c. The child must be dependent on the insured person, as defined in §§ 404.360 through 404.365.
d. The applicant must apply for the benefits.
e. The child must be unmarried.
f. The child must meet specific age and/or disability criteria, as detailed below.
- Age and Disability Criteria for Child’s Benefits
The applicant must fall under one of these categories:
a. Under age 18
b. 18 years old or older with a disability that began before turning 22 years old
c. 18 years or older and qualifies for benefits as a full-time student, as described in § 404.367
- Preclusion for Certain Disabled Children
In some cases, disabled children may be precluded from entitlement to benefits. This occurs when:
a. The child’s disability was based on a finding that drug addiction or alcoholism was a contributing factor material to the determination of disability (as described in § 404.1535).
b. The child’s benefits ended after receiving 36 months of benefits.
c. Drug addiction or alcoholism continues to be a contributing factor material to the later determination of disability (as described in § 404.1535) in the months following the initial 36-month period.
Example: The Smith Family and Child’s Benefits
Meet Jane Smith, a 45-year-old woman who has recently become entitled to disability benefits due to a severe medical condition. Jane has a 16-year-old son named Michael. Let’s determine if Michael is eligible for child’s benefits based on Jane’s earnings record.
- Relationship: Michael is Jane’s biological child, which satisfies the relationship requirement outlined in §§ 404.355 through 404.359.
- Dependency: Michael is financially dependent on Jane for his basic needs, meeting the dependency criteria defined in §§ 404.360 through 404.365.
- Application: Jane has submitted an application for child’s benefits on behalf of Michael.
- Marital Status: Michael is unmarried.
- Age and Disability Criteria: Michael is under the age of 18, which satisfies the age criteria.
Based on the eligibility criteria outlined in § 404.350, Michael is entitled to child’s benefits on Jane’s earnings record. The Smith family will receive financial assistance, which can help cover Michael’s daily needs and expenses.
Conclusion: Understanding the eligibility criteria for child’s benefits is crucial for families seeking financial assistance. By familiarizing yourself with the specific conditions outlined in § 404.350, you can determine whether you or a loved one may qualify for these essential benefits. If you believe you meet the requirements, it’s crucial to apply and provide the necessary documentation to support your claim.
https://www.ssa.gov/OP_Home/cfr20/404/404-0350.htm
At Hugo Fierro & Michael Perez, we have the requisite expertise to assist you in gaining a comprehensive understanding of the intricacies of your social security disability claim.