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Maxwell St. Laurent

Can I add my custody niece and nephew (6&9) to my SSDI benefits after collecting since 2015?

Hi everyone, I need some clarification about SSDI dependent benefits. I've been receiving SSDI since 2015 following multiple head trauma surgeries, and for the past 2 years, I've had legal guardianship of my niece (6) and nephew (9). My sister lost custody, and the court appointed me as their guardian, which looks like it will be permanent. A neighbor mentioned I might be able to get auxiliary benefits for the kids since I'm their legal guardian, but I haven't pursued it because I assumed I was already receiving my maximum benefit amount. Is this even possible with SSDI when they're not my biological children? Would the fact that I have legal guardianship rather than adoption make a difference? The extra support would help tremendously with their school expenses, but I don't want to mess up my current benefits by asking the wrong questions. Any insights would be greatly appreciated!

Yes, it's absolutely possible! As their legal guardian, you CAN get auxiliary benefits for dependent children under your care. SSA doesn't require them to be your biological children - being their court-appointed guardian is enough. These benefits come from your earning record but don't reduce your SSDI payment. Each child could receive up to 50% of your disability benefit amount, though there is a family maximum that might apply. You should definitely contact SSA about this right away, as benefits can be retroactive but usually only for 6 months. Bring your guardianship papers and the children's birth certificates when you apply.

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Thank you so much for this information! I had no idea they could qualify without being my biological children. Do you know if there's a specific form I need to fill out? And will this trigger any kind of review of my own benefits?

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My sister did this with her grandkids! She got custody of them and SS gave her extra $ for them. They did make her bring the court papers to prove she had legal custody tho.

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That's encouraging to hear someone else has done this successfully! How long did the process take for your sister?

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There's a lot of misunderstanding about this. These would be called "Child's Benefits" on your record. The key requirements are: 1) You must have court-ordered legal custody (which you do), 2) The biological parents cannot be providing significant support, and 3) You must be providing at least 50% of their support. The family maximum usually limits total benefits to 150-180% of your SSDI rate, so with two children, they might each receive somewhat less than the full 50% each. You'll need to file an application for each child separately using form SSA-4-BK. This won't affect your personal SSDI benefit amount at all.

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Thank you for the detailed explanation and the specific form number! That helps immensely. I appreciate knowing about the family maximum too - any additional support would help with their expenses.

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BE CAREFUL!!!! I tried to do this with my grandson and they started investigating my whole case and ended up cutting my benefits saying I wasn't disabled enough anymore!!!! The system is RIGGED against us!!! They look for ANY excuse to cut people off!!!

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I understand your concern, but applying for dependent benefits does not automatically trigger a medical review. Medical reviews happen on a scheduled basis regardless of whether you apply for dependent benefits. The two processes are completely separate within SSA's systems.

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I had a similar situation with my grandchildren and successfully got them auxiliary benefits. Getting through to SSA on the phone was impossible though - I spent days trying to reach someone. I eventually found a service called Claimyr (claimyr.com) that got me connected to an agent within 20 minutes. There's a video explaining how it works: https://youtu.be/Z-BRbJw3puU. Saved me so much frustration! For the actual application, make sure you have their birth certificates, your guardianship papers, and evidence that the biological parents aren't supporting them. You'll need to schedule a specific appointment for dependent benefits.

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Thanks for the tip about Claimyr! The phone system is so frustrating, and I definitely want to talk to an actual person about this. I'll check out that video.

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wait i'm confused... are SSDI and SSI different?? I thought they were the same thing??

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They're completely different programs! SSDI (Social Security Disability Insurance) is based on your work history and what you paid into the system through FICA taxes. SSI (Supplemental Security Income) is needs-based for people with limited income and resources. The rules for dependents are different for each program too.

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You should definately apply! My cousin got benefits for his step kids after he got disability so it's definately possible. Just be prepared for SSA to ask for tons of paperwork and take forever to process it lol. But its worth it in the end!!

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Thanks for the encouragement! I'm definitely going to apply based on all this helpful advice. I'm used to the SSA paperwork marathon by now!

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my kids got benefits on my record but they stoped when they turned 18 even tho they were still in school which i think is SO unfair

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Child's benefits actually can continue until age 19 if the child is still attending elementary or secondary school full-time. Did you notify SSA that they were still in school? There's a form (SSA-1372) that needs to be completed to extend benefits for students.

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After reading through all these responses, I want to highlight something important: You mentioned you haven't applied because you thought you were at your "max amount" - but that's not how it works. Your personal SSDI benefit is fixed based on your earnings record. The children's benefits are additional and separate, though subject to the family maximum. So applying for them won't reduce your current payment at all. I really encourage you to move forward with this application as soon as possible since there's a limited retroactive period.

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Thank you for clarifying this! I was definitely confused about how the benefit amounts work. I'm going to call SSA tomorrow to start the process. This could make a huge difference for the kids.

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Just wanted to add that you should also consider keeping detailed records of all expenses related to the children's care (school supplies, medical bills, clothing, etc.) as SSA may ask for proof that you're providing their primary financial support. Also, if the biological parents ever start providing significant support in the future, you'll need to report that to SSA as it could affect the children's benefits. The good news is that once you get these benefits established, they should continue until each child turns 18 (or 19 if still in high school). Good luck with your application - it sounds like you're doing an amazing job caring for these kids!

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As someone who went through a similar process with my foster children, I can confirm that legal guardianship absolutely qualifies you for auxiliary benefits! The key thing to remember is that you'll need to demonstrate that you're providing at least half of their financial support, which it sounds like you clearly are. One tip I wish I'd known earlier - when you apply, ask specifically about retroactive benefits. Since you've had guardianship for 2 years, you might be eligible for back payments for up to 6 months prior to your application date. Also, don't let the family maximum worry you too much - even if the benefits are slightly reduced due to the cap, you'll still likely receive substantial additional support. The process took about 3 months for me, but the monthly payments have been incredibly helpful for covering school expenses, medical costs, and daily needs. You're doing such an important thing for these children, and you deserve all the support available to help you provide for them!

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This is incredibly helpful and reassuring to hear from someone who's actually been through this process! The information about retroactive benefits is especially valuable - I had no idea I might be able to get back payments. Three months seems like a reasonable timeline, and you're right that any additional support would make a huge difference for their daily needs. Thank you for sharing your experience and for the encouragement about what we're doing for these kids. It really means a lot to know there are others who understand this situation.

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I went through this exact situation with my nephew when I became his guardian after his parents couldn't care for him. You absolutely can and should apply for these benefits! Since you have legal guardianship, the children qualify for auxiliary benefits on your SSDI record. I was amazed at how much it helped - each child can receive up to 50% of your benefit amount (though the family maximum may reduce this slightly with two kids). The process took about 2-3 months for me, and I wish I had applied sooner. Make sure to bring all your guardianship documentation, their birth certificates, and any court orders showing the biological parents can't provide support. Don't worry about it affecting your own SSDI - these are completely separate benefits. The retroactive payments can go back up to 6 months from when you apply, so definitely don't delay any longer. Having that extra monthly support made such a difference in being able to provide better for him. You're doing an incredible thing taking care of those kids!

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Thank you for sharing your experience! It's so reassuring to hear from someone who went through the exact same situation with a nephew. The timeline of 2-3 months seems consistent with what others have mentioned, and knowing about the retroactive payments going back 6 months is really motivating me to get this application started immediately. I appreciate the specific documentation tips too - I have all the guardianship papers and birth certificates ready. It sounds like this could really help with providing better care for my niece and nephew, just like it did for your nephew. Thanks for the encouragement!

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I work for a disability advocacy organization and want to emphasize how important it is that you apply for these benefits right away! You've already received excellent advice here, but I want to stress a few key points: 1) Legal guardianship absolutely qualifies the children for auxiliary benefits - SSA recognizes court-appointed guardians the same as adoptive parents for benefit purposes. 2) These benefits are entirely separate from your SSDI payment and won't reduce what you receive. 3) The retroactive period is crucial - you can potentially get up to 6 months of back payments, but only from your application date backward. Since you've had guardianship for 2 years, you're potentially missing out on significant support. When you call SSA, specifically ask to schedule an appointment for "auxiliary benefits for dependent children" and mention you have legal guardianship. Bring certified copies of the guardianship order, birth certificates, and any documentation showing the biological parents aren't providing support. The children could each receive several hundred dollars monthly, which adds up to thousands per year that could help with their education, healthcare, and daily needs. Don't let another month go by - these kids deserve every bit of support available to them!

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Thank you so much for this professional perspective! As someone who works in disability advocacy, your advice carries a lot of weight and really drives home how urgent this is. I had no idea I was potentially missing out on thousands of dollars that could be helping these kids right now. The specific language about asking for "auxiliary benefits for dependent children" is exactly what I needed - I want to make sure I'm asking for the right thing when I call. I have certified copies of all the guardianship documents ready to go. Reading all these responses has been eye-opening, and knowing that legal guardianship is treated the same as adoption for benefit purposes gives me confidence to move forward. I'm calling SSA first thing tomorrow morning to get this process started. Thank you for emphasizing how important this is for the children - they really do deserve every bit of support available to help them thrive!

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I want to add some practical advice for when you do apply - make sure to ask the SSA representative about the specific documentation they'll need upfront. In my experience helping others with similar situations, having everything organized beforehand can speed up the process significantly. Create a file with: certified copies of the guardianship order, the children's birth certificates and Social Security cards, any court documents related to the parents losing custody, school enrollment records showing you as the guardian, and receipts/documentation showing you provide their primary support (housing, food, medical care, etc.). Also, when you call SSA, if the first representative seems unfamiliar with auxiliary benefits for guardian situations, don't hesitate to ask to speak with someone who specializes in dependent benefits - not all SSA employees are equally knowledgeable about every benefit type. The fact that you've been providing for these children for 2 years already shows your commitment, and they absolutely deserve this additional support through the system. You're doing an amazing job stepping up for them when they needed it most!

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This is such helpful practical advice! Creating an organized file with all the documentation beforehand is definitely smart - I can see how that would prevent delays and back-and-forth requests for additional paperwork. I especially appreciate the tip about asking for someone who specializes in dependent benefits if the first representative isn't familiar with guardian situations. That could save a lot of time and confusion. I'm going to gather all those documents you mentioned this evening so I'm completely prepared when I call tomorrow. The school enrollment records showing me as guardian is something I hadn't thought to include, but that makes perfect sense as additional proof. Thank you for the encouragement too - some days this whole situation feels overwhelming, but seeing how much support might be available for the kids really motivates me to push through the paperwork process. These responses have given me so much confidence about moving forward!

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I just wanted to say thank you to everyone who has shared their experiences and advice in this thread! As someone new to this community, I'm amazed by how supportive and knowledgeable everyone is. Reading through all these responses has given me so much hope and practical information about auxiliary benefits for guardianship situations. I'm in a similar position with my nephew who I've had custody of for about 8 months, and I had no idea these benefits were even possible. The specific form numbers, documentation tips, and advice about calling SSA are incredibly valuable. It's especially encouraging to hear from people who have successfully gone through this process. This community is such a valuable resource for navigating these complex situations - thank you all for taking the time to help each other out!

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Welcome to the community! I'm also relatively new here but have been so impressed by how generous everyone is with sharing their knowledge and experiences. Your nephew is lucky to have someone like you looking out for him, and it's great that you're learning about these potential benefits now at 8 months rather than waiting years like some of us did. The detailed advice in this thread really shows how much this community cares about helping people navigate these complicated systems. Don't hesitate to ask questions as you go through the application process - there are clearly a lot of knowledgeable people here who are happy to help. Good luck with your situation, and I hope you're able to get the support your nephew deserves!

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I'm so glad you asked this question! As a newcomer to this community, I've been learning so much from everyone's experiences. I'm actually in a very similar situation - I recently became the legal guardian of my cousin's two children after she was unable to care for them due to addiction issues. Reading through all these responses has been incredibly enlightening! I had absolutely no idea that auxiliary benefits were even possible for children in our care through legal guardianship. Like you, I assumed there was some kind of maximum I was already receiving and didn't want to rock the boat with my existing SSDI benefits. The information everyone has shared here about the benefits being completely separate from our personal SSDI payments is such a relief to know. I'm definitely going to follow the advice here and call SSA tomorrow to start the application process for my cousin's kids too. Thank you for asking this question and to everyone who shared their knowledge - this could be life-changing for both of our families! It's amazing what a difference this community makes in helping us navigate these complex systems.

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Welcome to the community! It's wonderful to see how this thread has helped so many people in similar situations discover these benefits. Your situation with your cousin's children sounds very much like what Maxwell and others have described. The fact that you have legal guardianship should absolutely qualify them for auxiliary benefits on your SSDI record. It's encouraging to see how supportive everyone here is - this community has been such a valuable resource for navigating these complex benefit systems. Good luck with your application process, and don't hesitate to ask questions as you go through it. The detailed advice everyone has shared here should give you a great head start on what documentation to prepare and what to expect when you call SSA!

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As a newcomer to this community, I'm amazed by how detailed and helpful all these responses are! I've been reading through this entire thread because I'm in a somewhat similar situation - I became the legal guardian of my sister's child about a year ago. I had no idea these auxiliary benefits even existed! The information about needing legal guardianship (which I have), the specific form numbers like SSA-4-BK, and the fact that these benefits don't reduce your own SSDI payment has been incredibly eye-opening. I'm particularly grateful for the practical tips about what documentation to bring and the advice about asking for someone who specializes in dependent benefits when calling SSA. Maxwell, I hope your application goes smoothly - it sounds like you're doing an incredible job providing for your niece and nephew. Thank you to everyone who shared their experiences, especially those who mentioned the retroactive benefits possibility. This thread has motivated me to finally pursue this for my nephew too!

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Welcome to the community, Ava! It's so heartwarming to see how this thread has helped multiple people discover these benefits for children in their care. Your nephew is lucky to have you as his guardian, and I'm glad you found all this information helpful! The fact that you've had guardianship for a year means you could potentially be eligible for some retroactive benefits too, just like Maxwell's situation. I've been learning so much from everyone's experiences here as well - this community really is amazing at sharing practical knowledge that can make such a difference in people's lives. Definitely don't wait like some of us did - the sooner you apply, the sooner your nephew can benefit from that additional monthly support. Good luck with your application process!

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As someone new to this community, I'm incredibly grateful for all the detailed information shared in this thread! I'm in a similar situation - I became the legal guardian of my brother's two children (ages 7 and 10) about 18 months ago after he was unable to care for them due to substance abuse issues. I've been receiving SSDI for chronic pain conditions since 2018, and like Maxwell, I had no idea that auxiliary benefits were even possible for children in my legal custody. Reading through everyone's experiences has been so enlightening! The clarification that these benefits are completely separate from our personal SSDI payments and won't reduce what we receive is such a relief. I was also hesitant to inquire about additional benefits for fear of triggering reviews or complications with my existing case. The specific advice about form SSA-4-BK, the importance of certified guardianship documents, and the potential for retroactive benefits has given me the confidence to move forward. Thank you Maxwell for asking this important question, and thank you to everyone who shared their knowledge and experiences. This thread might just change the trajectory for several families! I'm calling SSA tomorrow to start the process for my brother's children too.

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Welcome to the community, Paolo! It's incredible to see how this one thread has helped so many guardians discover these benefits - Maxwell's question has truly been a blessing for multiple families! Your situation with your brother's children sounds very similar to what many of us have experienced. Having 18 months of guardianship means you could potentially get even more retroactive benefits than those who've waited shorter periods. The fear about triggering reviews is so understandable - I think many of us had that same worry before learning that auxiliary benefits are processed completely separately from our disability determinations. It's wonderful that you're taking action tomorrow! With two children and that length of guardianship time, this could really make a significant difference in your ability to provide for them. Best of luck with your application process, and please keep us updated on how it goes. This community has been such a valuable resource for all of us navigating these complex situations!

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As a newcomer to this community, I'm absolutely amazed by the wealth of knowledge and support shared in this thread! Reading through everyone's experiences has been incredibly educational. I'm currently in a similar situation - I became the legal guardian of my nephew (age 8) about 10 months ago after my brother was deemed unfit due to legal issues. I've been receiving SSDI since 2017 for a spinal injury, and like so many others here, I had absolutely no clue that auxiliary benefits were possible for children in our legal custody! The detailed explanations about form SSA-4-BK, the importance of having certified guardianship documents ready, and especially the clarification that these benefits don't affect our personal SSDI payments has been life-changing information. I'm particularly grateful for the practical tips about asking specifically for someone who specializes in dependent benefits when calling SSA. Maxwell, thank you for having the courage to ask this question - your post is going to help so many families! I'm definitely calling SSA this week to start the application process for my nephew. This community is truly a blessing for helping us navigate these complex systems and advocate for the children in our care.

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Welcome to the community, Ravi! It's truly heartwarming to see how Maxwell's original question has created such a ripple effect of help for so many guardians in similar situations. Your nephew is so fortunate to have you stepping up to care for him during such a difficult time. With 10 months of guardianship, you're definitely in a good position to benefit from these auxiliary benefits, and there may even be some retroactive payments available. I've been following this thread as someone new to the community as well, and the level of detailed, practical advice here is incredible. The tip about asking for a specialist in dependent benefits when you call SSA seems like it could save a lot of time and frustration. It's amazing how many of us had no idea these benefits existed! This thread has really shown me the power of this community to help each other navigate these complex government systems. Best of luck with your application process - I hope you get the support your nephew deserves. Please feel free to share how your experience goes, as it could help future guardians who find themselves in similar situations!

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As a newcomer to this community, I'm so grateful to have found this thread! I'm in a very similar situation - I became the legal guardian of my sister's daughter (age 9) about 14 months ago after she lost custody due to neglect issues. I've been receiving SSDI since 2019 for multiple sclerosis, and I honestly had no idea that auxiliary benefits were even a possibility for children in our legal care. Reading through everyone's detailed experiences and advice has been absolutely enlightening! The information about form SSA-4-BK, the importance of certified guardianship documents, and especially learning that these benefits are completely separate from our personal SSDI payments has given me so much hope. Like many others here, I was worried about potentially affecting my existing benefits by asking questions. The practical tips about asking specifically for a dependent benefits specialist when calling SSA and the potential for retroactive payments are incredibly valuable. Maxwell, thank you for being brave enough to ask this question - you've inadvertently helped so many families discover support they didn't know existed! I'm calling SSA first thing Monday morning to start the application process for my niece. This community is truly amazing at helping each other navigate these complex systems!

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Welcome to the community, Olivia! It's incredible to see how Maxwell's original question has helped so many guardians discover these benefits - this thread has truly been a game-changer for multiple families! Your situation with your niece sounds very similar to what many of us have experienced, and with 14 months of guardianship, you're in an excellent position to potentially receive retroactive benefits. The fear about affecting existing SSDI benefits is so common among us, but it's reassuring to learn from everyone's experiences that these processes are completely separate. I'm also new here and have been amazed by the depth of knowledge and willingness to help that this community offers. The specific tips about documentation and asking for specialists have been invaluable. It's wonderful that you're taking action on Monday - your niece deserves every bit of support available to help her thrive in your care. This thread really shows how powerful it can be when we share our experiences and knowledge to help each other navigate these complex systems. Best of luck with your application process!

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As a newcomer to this community, I'm absolutely blown away by the incredible support and detailed information shared in this thread! Reading through everyone's experiences has been so educational and encouraging. I'm in a somewhat similar situation - I recently became the legal guardian of my cousin's two children (ages 5 and 12) about 6 months ago after their parents were unable to provide proper care due to addiction issues. I've been receiving SSDI since 2020 for severe depression and anxiety disorders, and like so many others here, I had absolutely no idea that auxiliary benefits were possible for children in our legal custody! The detailed explanations about the application process, form SSA-4-BK, and especially the clarification that these benefits won't affect our personal SSDI payments has been incredibly reassuring. I was also hesitant to inquire about any additional benefits for fear of complications with my existing case. The practical advice about gathering certified guardianship documents, asking specifically for a dependent benefits specialist when calling SSA, and the potential for retroactive benefits has given me the confidence I needed to move forward. Maxwell, thank you so much for asking this important question - you've helped discover a resource that could truly make a difference for so many families caring for children! This community's willingness to share experiences and knowledge is truly remarkable. I'm definitely calling SSA this week to start the application process for my cousin's children too.

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