Social Security Child-in-Care benefits denied for adult disabled son - SSA rep unfamiliar with requirements
I'm at my wits' end trying to apply for Child-in-Care (CIC) benefits with Social Security. My son (31) has a severe developmental disability and receives survivor benefits from his mother who passed away in 2019. He gets about $2,400/month which exceeds SSI limits, so he doesn't get SSI payments even though he's technically eligible. I just retired at 62 and had my phone appointment yesterday for CIC benefits, but it was a total disaster! The SSA rep had absolutely no idea what documentation I needed or how to process my application. After 45 minutes, I got nowhere and was told "someone will get back to you" (which I doubt). I know I'm eligible since I'm caring for my disabled adult son who receives benefits on his deceased mother's record. We were married when she died, and SSA processed her death certificate already because my son's benefits were converted to survivors right away. What specific documents should I have ready for my next appointment? And what specific questions should I ask to get through to someone who actually knows the CIC benefit rules? I'm worried they'll just keep bouncing me around between clueless representatives.
17 comments
Zoe Stavros
Hey there - you're definitely eligible for Child-in-Care benefits! I went through this exact situation with my disabled daughter. The rep you spoke with clearly wasn't properly trained on CIC benefits when the child is an adult with disabilities. For your next appointment, have these ready: 1. Your marriage certificate 2. Your son's medical records showing disability onset before age 22 3. Documentation showing you're the primary caregiver 4. Your retirement paperwork/verification Specifically ask for a "Technical Expert" who specializes in CIC benefits. Use that exact phrase. Regular claims reps often aren't familiar with the adult disabled child provisions for CIC benefits. Also mention that you're applying under Section 202(b)(1)(B) of the Social Security Act which provides benefits to parents caring for disabled adult children receiving survivor benefits. That usually helps get you to the right person. Good luck!
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Andre Rousseau
•Thank you SO MUCH for this detailed info! I've never heard of asking for a "Technical Expert" - will definitely do that. I've got all the documents ready except I'm not sure what counts as "documentation showing I'm the primary caregiver." Would a simple statement from his doctor saying I provide daily care work? Or does it need to be more official than that?
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Jamal Harris
the ssa people NEVER know what there doing!!!! i had 3 appointments for my husband benefits and every time they told me something diffrent!!!! you need to DEMAND a supervisor right away dont waste ur time with regular workers they dont know the rules!!!!
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GalaxyGlider
•While I understand your frustration, not all SSA employees are uninformed. Many are quite knowledgeable but specialized benefits like CIC for adult disabled children are less common. Rather than demanding a supervisor, it's often more effective to ask for a Technical Expert who specializes in survivor benefits or disability. They're more likely to understand the specific provisions that apply to this situation.
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Mei Wong
Went thru something similar with my sister. You gotta ask for what's called a "representative payee" appointment too because they might try to say you need that separate even though it's part of the same thing I think. SSA is so confusing!
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Zoe Stavros
•Actually, Representative Payee is different from Child-in-Care benefits. Rep Payee is when you manage someone else's benefits, while CIC is a benefit paid to the parent/caregiver. The OP might already be a Rep Payee for their son, but that's separate from applying for their own CIC benefits. It's definitely confusing though!
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Liam Sullivan
I worked as a Claims Specialist at SSA for over 15 years and can confirm that Child-in-Care benefits for parents of disabled adult children are often misunderstood even within the agency. To clarify a few things: 1. You're applying for Mother's/Father's benefits (sometimes called CIC), which allow a parent to receive benefits before full retirement age if they're caring for a child who receives benefits on another worker's record. When that child is disabled and over 16, special rules apply. 2. You need proof that your son became disabled before age 22, which it sounds like you already established for his survivor benefits. 3. You need to show you provide personal care that's substantial. Doctor's notes confirming the level of care needed are helpful. 4. The benefit amount will be up to 75% of your deceased wife's Primary Insurance Amount, but subject to the family maximum. I recommend calling the national number (1-800-772-1213) and specifically requesting an appointment with someone who specializes in survivor benefits for families with disabled adult children. Use that specific language.
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Andre Rousseau
•This is incredibly helpful, thank you! I didn't realize it was officially called Mother's/Father's benefits rather than Child-in-Care. That might explain some of the confusion. Quick follow-up question: Since I just started receiving my own retirement benefit at 62, will they just pay me the difference between my retirement and the CIC benefit if the CIC amount is higher? Or do I need to withdraw my retirement application altogether?
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GalaxyGlider
Since you already started your retirement benefits at 62, SSA will pay you the higher of either your own retirement benefit or the CIC benefit - not both. If the CIC benefit is higher, you'll get your retirement plus the difference to equal the CIC amount. For your documentation about being the primary caregiver, get a letter from your son's doctor stating: 1. Your son requires personal care assistance with daily activities 2. You provide substantial services as his caregiver 3. The nature of care required (feeding, bathing, medications, etc) Also, many people find it nearly impossible to get through to SSA by phone these days. When I needed to speak with a technical expert about my disabled daughter's benefits, I tried for weeks with no luck. I finally used this service called Claimyr (claimyr.com) that got me through to an agent in about 15 minutes. They have a video demo at https://youtu.be/Z-BRbJw3puU showing how it works. Totally worth it for complex cases like yours where you need to speak with someone who actually understands the rules.
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Amara Okafor
•Has anyone else used this Claimyr thing? The hold times with SS are driving me crazy but I'm always nervous about using third-party services for government stuff.
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Giovanni Colombo
my neighbor got cic benefits for her son whos 40 with downs syndrome, she said the secret is going in person to the office dont do phone appointments they just rush you off the phone
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Jamal Harris
•THIS!!! in person is the ONLY way to get anything done with SSA!!!!! phone people just read scripts and dont know anything!!!!
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Mei Wong
I used that Claimyr service last month when I was trying to fix an issue with my husband's disability payment. It actually worked! Got through to someone in about 20 minutes after trying for days on my own and getting disconnected. Was skeptical at first but it saved me so much frustration.
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Andre Rousseau
•Thanks for sharing your experience! I'm going to look into this. After yesterday's disaster appointment, I don't want to wait another 3-4 weeks for a new phone appointment only to get someone else who doesn't understand the CIC benefits. I need to get this resolved soon since I just retired and our household income took a big hit.
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Zoe Stavros
One more important thing - make sure you specifically mention that you're applying under Section 202(b)(1)(B) of the Social Security Act for parent's benefits while caring for a disabled adult child. Many SSA reps are more familiar with the rules for caring for minor children (under 16) and don't realize the special provisions for disabled adult children. Also, be prepared for them to ask about the "exercise parental control and responsibility" requirement. For adult disabled children, this means you supervise their daily activities and make major decisions about their care, not necessarily that you provide physical care. That's often a sticking point in these cases. And definitely try to get an in-person appointment if possible. These complex cases are handled much better face-to-face where you can share documents directly.
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Giovanni Colombo
•thats exacty what my neighbor did! she kept saying sectin 202 something until they got her to the right person
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Andre Rousseau
UPDATE: I finally got through to an SSA Technical Expert this morning! Used the Claimyr service that was suggested here and it worked great - I was connected to an agent in about 25 minutes. Once I specifically asked for a Technical Expert who handles disabled adult child cases and mentioned Section 202(b)(1)(B), they transferred me to someone who knew exactly what I was talking about. She confirmed I'm eligible for the CIC benefits and scheduled me for an in-person appointment next week to complete the application. She said to bring: - My ID and Social Security card - Marriage certificate - Documentation of my caregiving (doctor's letter) - My son's medical records (though she said they likely already have them) Thank you all for your help! I'll update again after my appointment.
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