Can My Kids Get Social Security Benefits if I Am Disabled?

If you have a family, your biggest concern is taking care of them. If something happens to you, the first thing you’re going to think about is what will happen to your kids. Whether you’re hurt on the job or an accident, being out of work can be scary. You have no idea how you’ll pay your bills. What will happen to your house? How will you pay for health insurance for your kids?

If you become permanently disabled, you may be entitled to social security benefits. Depending on how serious your injuries, you may be qualified to receive these benefits. Some of the factors that determine eligibility include:

  • Have worked in jobs that are covered by social security.
  • Have a medical condition that meets Social Security’s definition of disability
  • Be unable to work due to your medical condition

Once you qualify for social security disability, you will start receiving your benefits. If at some point, you are able to return to work, you will be required to do so.

Your Disability Lawyer in New Orleans Can Help You File for Social Security Disability

In order to qualify for disability, you need to meet certain conditions. Your disability lawyer in New Orleans will be able to help you file your claim.

The conditions you must meet include:

  • You can’t do the same work you did before you became disabled
  • You can’t do any other type of work because of your medical condition
  • Your disability has lasted for a year or is expected to last at least one year

Once you file your application, the Social Security Administration will review your work history.

In determining your benefits and eligibility, they’ll consider the following:

  • Are you working, or were you working before your disability? You must have been earning at least $1,180 per month to qualify.
  • Is your condition severe? It has to last for at least one year before you are eligible.
  • Does your medical condition count as one of the disabling conditions set forth by the Social Security Administration?
  • Can you do the work you did before your accident or illness?
  • Can you do any other type of work?

Once the SSA determines you are eligible, you’ll start receiving benefits. Your benefits will be based on your earnings over the past ten (10) years.

Ask Your Social Security Disability Lawer in New Orleans What the Difference is Between SSDI and SSI

Whether or not your kids are entitled to receive social security benefits depends on the type of disability you qualify for. If you worked prior to your disability claim, you will receive SSDI benefits. SSDI stands for Social Security Disability Insurance. You pay into this fund while you are working. If you didn’t work, you didn’t pay into the funds and won’t qualify for SSDI benefits.

The other type of disability benefits falls under SSI. This stands for Social Security Insurance. This is benefits you receive based on need. They have nothing to do with what you paid into the system.

If you are receiving SSDI, your children may be entitled to social security benefits. A portion of what you paid into insurance will go toward your dependent children.

If you are receiving SSI, your kids are not entitled to benefits. The only way they would receive benefits is if they were disabled themselves. Your social security disability lawyer in New Orleans knows the difference between these types of insurance.

Contact a Social Security Disability Lawyer in New Orleans, Louisiana

If you’ve become disabled, whether, from an accident or illness, you need to call a social security disability lawyer in New Orleans. They can help you file your claim for disability. They can also let you know whether your children will be entitled to benefits.

The general rule is pretty clear. If you don’t qualify for SSDI, your children will not receive benefits. Your lawyer can’t do anything to change this. What he can do, however, is examine your tax records and work history. He may be able to appeal your claim for SSDI and prove that you are indeed qualified.

Contact an attorney today to discuss your case. Your social security disability lawyer can review your case and see if you are qualified for benefits. He can also look to see if perhaps you were denied benefits. If this is the case, he can file an appeal on your behalf.