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Is my son allowed to draw off of his mom's SSD even if she gets the maximum benefit?

1 Answers. Asked on Jun 08th, 2013 on Social Security Disability - Louisiana
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Answered on Jun 08th, 2013 at 12:18 PM

There are two benefit amounts calculated when a person is entitled to Social Security Disability (SSD) (also known as Social Security Disability Insurance (SSDI) and Title II benefits).  These benefit amounts are calculated based upon figures derived from the disabled person's wages earned during their lifetime.  They are:

  1. Primary Insurance Amount (PIA), and
  2. Family Maximum.

PIA is the amount of benefits that the disabled person will receive each month, subject to cost of living adjustments each year.  Note: these adjustments are not always made.  This appears to be what you are referring to as the "maximum benefit."

If the child is a minor, and the Family Maximum is greater than the PIA, then the son could receive child's benefits.  For example:  PIA: $1200; Family Maximum: $1500; minor child receives $300 ($1500-41200).  If there are more than one children, then the $300 is divided equally.  Again, these are dependent minor children benefits.

If the son in your question is an adult (18-22), and determined to be disabled, then they would be able to draw benefits due to the mother's account without regard to the Family Maximum.

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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Social Security Disability
If you're suffering from a disability that prevents you from working, you may be entitled to benefits under Social Security disability insurance (SSD or SSDI). Social Security disability attorneys can work with you to file your application for benefits. Because the Social Security Administration routinely denies the majority of initial claims, your SSD lawyers can also prepare for your hearing before an administrative law judge, attend all hearings, advocate on your behalf and file an appeal if your application has been denied. Hire an SSDI law firm as soon as you need to apply for SSDI. The faster your application is approved, the more quickly you will begin to receive benefits.
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