Summary
If you receive Social Security Disability Insurance (SSDI), your children may also qualify for auxiliary benefits, but a recent change in Social Security procedures means simply listing them on your application may not protect those benefits. Learn how establishing a protective filing date can help preserve months of retroactive benefits for your family.
What Are Children’s Auxiliary Benefits?
When a parent qualifies for Social Security Disability Insurance (SSDI), certain family members may also qualify for benefits based on that parent’s earnings record. These are called children’s auxiliary benefits.
In many cases, unmarried children under age 18—or up to age 19 if still attending high school full-time—may receive monthly benefits, even if they have never worked. These benefits can provide valuable financial support and may include significant past-due payments if a disability claim has been pending for an extended period.
A Recent Change Could Affect Your Child’s Benefits
If you have minor children and are applying for Social Security Disability benefits, an important change in Social Security’s internal procedures could impact your family’s benefits.
Previously, simply listing a child on a disability application generally protected their right to auxiliary benefits. Under revised procedures, that may no longer be enough.
Naming a Child May Not Establish a Protective Filing Date
The Social Security Administration has clarified that identifying a child on an application does not automatically establish a protective filing date.
There must also be evidence that you intended to file benefits on your child’s behalf. Without a protective filing date, your child could lose months of retroactive benefits that otherwise would have been payable.
What Is a Protective Filing Date?
A protective filing date allows Social Security to treat a claim as though it was filed earlier than the actual application date, preserving valuable past-due benefits.
Under current procedures, Social Security personnel are instructed to determine and document whether you intend to seek benefits for eligible children. Simply naming your child may not be sufficient.
If Social Security Says You Cannot File Yet
Many parents are told that separate children’s applications cannot be completed until the parent’s disability claim is approved. In many cases, that advice is correct.
However, you should still make a clear written statement expressing your intent to seek auxiliary benefits for your child or children. Doing so may preserve their protective filing dates and prevent the loss of retroactive benefits.
Example Statement:
“I intend to file for all auxiliary benefits available to my child(ren) based upon my Social Security disability claim.”
Why This Matters
Disability claims often take months or even years to resolve. Children’s auxiliary benefits can provide important financial support during that time, and losing several months of benefits because of a technical filing issue is an avoidable problem.
Many families do not discover that a protective filing date was never established until after their claim is approved and retroactive benefits have already been lost.
What You Should Do
If your children may qualify for benefits based on your Social Security earnings record:
- Do not assume listing them on your application is enough.
- Make sure there is written evidence of your intent to seek benefits on their behalf.
- Submit a written statement, correspondence, or other documentation showing that intent.
- If a child is born after you file your disability claim, notify Social Security in writing of the birth and your intent to claim auxiliary benefits.
Bottom Line
A recent change to Social Security’s internal procedures means that naming your children on a disability application may no longer be enough to protect their benefits.
Even if Social Security tells you that the children’s applications cannot yet be filed, make sure there is a written statement in your file reflecting your intent to pursue those benefits. This simple step could preserve months of benefits for your children and help avoid the loss of valuable retroactive payments.
If you have questions about children’s auxiliary benefits or are a current client who wants to ensure your children have been properly included in your Social Security disability claim, contact our office. We would be happy to review your case, answer your questions, and help ensure your family receives every benefit to which it may be entitled.
