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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!

PaulineW

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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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Annabel Kimball

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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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Chris Elmeda

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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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Jean Claude

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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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Chris Elmeda

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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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Charity Cohan

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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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Josef Tearle

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

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PaulineW

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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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Shelby Bauman

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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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Annabel Kimball

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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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Chris Elmeda

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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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PaulineW

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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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