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David Kapor
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SOCIAL SECURITY DISABILITY
ANCILLARY BENEFITS
When a worker is granted disability benefits, are other members of his family entitled to a benefit as well? Provided the worker's monthly Social Security Disability benefit is over approximately $700.00 per month, high enough, the answer is "yes". What I am about to explain does not apply to workers receiving Supplemental Security Income (SSI) benefits. Once a worker is found to be disabled by the Social Security Administration and eligible to receive his SSD benefits, the same worker's natural and legally adopted minor children may also be entitled to receive a benefit under that worker's Social Security account. The amount can vary as to each worker depending upon the amount of the worker's benefit. This is how it works: The worker's monthly benefit is called the Primary Insured's Amount (PIA). There is also an amount called the "Family Maximum Amount," that is carried on the worker's account as well. The Family Maximum Amount is a higher number. If the worker has any natural or legally adopted minor children, those children receive the difference between the Primary Insured Amount and the Family Maximum Amount. This sum is divided equally among the minor children. So, for example, if a worker has three minor children, when the oldest reaches the age of majority, that child's benefits are then divided equally among the two remaining minor siblings. This is equally true in regards to any back benefits. If the parents are divorced, it is incumbent upon the custodial parent to apply for the children as soon as the worker is found to be disabled. Under Ohio law, a worker under a child support order is entitled to a dollar for dollar credit for these ancillary children's benefits against his or her child support order. However, the injured worker needs to bring this to the attention of the Bureau of Support when he or she is granted disability benefits. Finally, a child of a disabled worker or retired worker who is under the age of 22 when he or she is found to be disabled may also be able to draw childhood disability benefits, rather than SSI benefits, based upon the earnings records of the disabled or retired worker. However the injured worker has to be receiving SSD or retirement benefits before the child is found to be disabled. |
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