Social Security Benefit Regulations for a Retired Parent and His/Her Spouse of Children with Special Needs

Authored by:  Stephen R. Elville, Esq. – Elville and Associates, P.C. – 443-393-7696,, @elvilleassoc

When a parent of a child with special needs retires and begins receiving Social Security retirement benefits, the child may qualify for Social Security Disability Insurance (SSDI) based on the parent’s work record if the child’s disability manifested itself before the child attained 22 years of age. But a little-known provision in the Social Security regulations allows the spouse of a retiree to also receive Social Security benefits, even if he or she has not yet reached retirement age, so long as he or she is caring for a child with disabilities at home.

Here’s an actual example. Father retires and begins receiving Social Security. Because his daughter developed a disability prior to attaining 22 years of age, the daughter will begin receiving SSDI benefits at the time of father’s retirement. Furthermore, because mother (age 58) is caring for the couple’s daughter at home, she may also begin receiving spousal Social Security benefits, even though she hasn’t reached the minimum retirement age. Of course, there is a catch. Because the combination of the mother’s and daughter’s benefits exceeds Social Security’s limit on family benefits, the result is that daughter’s benefit is reduced. But the combined benefit still exceeds the daughter’s benefit alone by more than $500 per month. Over the four years from when father begins taking Social Security benefits until the mother reaches age 62, the family receives more than $30,000 in extra benefits, which makes a large difference in their ability to care for their daughter.

To paraphrase the Social Security Administration’s (SSA) website, in order for a parent to receive benefits in this situation, the parent must exercise parental control and responsibility for a mentally disabled child. The benefits can also be received if the parent performs personal services for a child who is physically disabled. In many cases, the SSA will inform the parent of this opportunity, so long as the parent is already receiving spousal benefits before the child turns 16. But if the parent is not receiving these benefits, it is important to explain the situation to the SSA when the retiring parent applies for Social Security. #elvilleeducation

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