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Will my disabled daughter lose benefits when her father dies? She gets his SS but we weren't married

My daughter (now 26) has been disabled since she was 17 after a serious car accident. She initially received benefits as my dependent when I was approved for SSDI. When she turned 22, they switched her to receive benefits on her father's record instead - about $1,450/month now. He's worked consistently his whole life and has a much higher earnings record than mine.I'm worried about what happens to her benefits when her father passes away. We were never married, though paternity was legally established when she was born. Will her benefits increase, decrease, or stay the same? She's on Medicaid too and can't live independently due to her condition.The local SSA office gave me confusing answers - one person said benefits would increase as survivor benefits, another suggested they might decrease. Anyone dealt with this situation or know the actual rules?

ApolloJackson

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my kid is in a smilir situation but we were married. They get survivor benefits when the parent dies which is MORE than the child benefit. its 75% instead of 50% i think. check ssa.gov for the exact rules.

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Grace Patel

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Thank you! That's helpful to know there's an increase. Do you think it matters that I wasn't married to her father? That's what has me worried.

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Isabella Russo

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Since your daughter has been determined to have a disability that began before age 22, she's eligible for what's called a

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Rajiv Kumar

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Wait really?? My brother has been disabled since birth and gets benefits from my dad's record. Dad's retiring next year but nobody told us the amount would be different if he takes early retirement vs waiting!!! Does that really affect adult disabled kids too???

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Aria Washington

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I called Social Security FIVE TIMES about this exact issue for my son!!! Each time got disconnected or told different things. Finally got through to a specialist who confirmed what @helpful_guidance said - the benefit WILL increase to 75% when your ex passes away. The non-marriage doesn't matter AT ALL as long as paternity was legally established (which you said it was).Keep in mind they might review her disability status periodically. Make sure all her medical records stay updated with them!BTW I finally got all my questions answered using a service called Claimyr (claimyr.com) that got me through to a real SSA agent in under 5 minutes instead of waiting for hours or getting disconnected. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU - completely worth it for complicated situations like ours.

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Grace Patel

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Thanks for the suggestion! I've been disconnected 3 times this week trying to get a straight answer. I'll check out that service because I need to talk to someone who actually knows the rules for complicated cases like ours.

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Liam O'Reilly

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in my experince SS agents dont always know there own rules. my nephew gets ssi not ssdi tho so different program maybe

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Isabella Russo

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You're right that SSI and SSDI/retirement are completely different programs, though both administered by Social Security. SSI is needs-based while SSDI and retirement benefits are based on work records. The original poster's daughter is receiving benefits based on her father's work record, not SSI.

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Chloe Delgado

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Just wanted to add - make sure your daughter is reported as the father's dependent on his tax returns if possible. This helped us with my sister's case when my dad passed. Also make sure all the paperwork regarding her disability is fully documented and up to date. The rules say her disability had to start before 22 (which it did in your case) and be continuous. They sometimes do reviews randomly.

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Grace Patel

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Good point about the reviews. She has her continuing disability review coming up next year, so I'm already gathering updated medical records. I didn't know about the tax return issue though - I'll have to check with her father about that.

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Ava Harris

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The most important thing nobody mentioned yet is to watch out for the family maximum! When a wage earner dies, there's a cap on the total amount that can be paid to all survivors combined. If her father has a current wife or other children receiving benefits, this could impact the actual amount your daughter receives.The family maximum is typically between 150-180% of the deceased's benefit amount. So while in theory her rate increases from 50% to 75%, if there are multiple people collecting on his record, each person's benefit might be reduced proportionally to stay under the maximum.If he doesn't have other dependents collecting benefits, then you don't need to worry about this.

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Rajiv Kumar

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OMG this system is SO COMPLICATED!!! Every time I think I understand something about Social Security there's some other rule or exception. How is anyone supposed to plan properly????

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Grace Patel

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Thank you for bringing this up! He does have a wife and two young children (10 and 8), so this might affect things. Is there any way to calculate this in advance so I can be prepared?

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Isabella Russo

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To answer your follow-up question about calculating the family maximum in advance: Unfortunately, it's difficult to get an exact calculation before the actual event occurs. The family maximum is based on a complex formula related to the wage earner's Primary Insurance Amount (PIA).Your best approach is to:1. Have your daughter's father request his Social Security Statement (through ssa.gov or by filing Form SSA-7004)2. Look for the section that shows his full retirement age benefit amount3. When you have that number, you could estimate the family maximum at roughly 150-180% of that amountWhen his benefits need to be divided among multiple survivors (his current wife, minor children, and your daughter), each person's theoretical benefit (75% for each) would be proportionally reduced if the total exceeds the family maximum.However, your daughter's status as a disabled adult child does give her benefits some special protections in certain situations.

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Grace Patel

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Thank you so much for this detailed explanation. I'll talk to him about requesting his statement so we can at least have a rough idea of what to expect. This helps me prepare financially for her future.

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