SSDI Benefits to Child just turned 18

[VSPeck1]

What is the name of your state (only U.S. law)? Indiana

My grandson will be 18 in a few days. His father had been receiving benefits for the young man but he received notice the other day that he will now be receiving them directly. He is living with me and has been since Sept. 2010. His father had been providing health insurance for him but has let it lapse on both this young man and his younger brother. I can put him on my insurance as a member of my household but I am concerned that may jeopardize the social security benefits that he is receiving as a result of his father's disability. What are the rules regarding a child receiving Social Security while still in school but not physically residing with the qualifying parent?

2nd - Can I claim him as a dependent for tax purposes while he is receiving Social Security? He is a full time student and other than his health and car insurance that his father paid up until May of this year, I have completely supported him, both financially and acting as a "parent" with respect to school and educational issues. I realize once he graduates from high school his social security benefits will end and I will be his sole support while he is in college which is fine, but his father does not currently claim him as a dependent (he apparently does not have to file income taxes?) and I didn't know if I could.

 

[Antigone*]

What is the name of your state (only U.S. law)? Indiana

My grandson will be 18 in a few days. His father had been receiving benefits for the young man but he received notice the other day that he will now be receiving them directly. He is living with me and has been since Sept. 2010. His father had been providing health insurance for him but has let it lapse on both this young man and his younger brother. I can put him on my insurance as a member of my household but I am concerned that may jeopardize the social security benefits that he is receiving as a result of his father's disability. What are the rules regarding a child receiving Social Security while still in school but not physically residing with the qualifying parent?

2nd - Can I claim him as a dependent for tax purposes while he is receiving Social Security? He is a full time student and other than his health and car insurance that his father paid up until May of this year, I have completely supported him, both financially and acting as a "parent" with respect to school and educational issues. I realize once he graduates from high school his social security benefits will end and I will be his sole support while he is in college which is fine, but his father does not currently claim him as a dependent (he apparently does not have to file income taxes?) and I didn't know if I could.

Why would this adult continue to receive benefits for his disabled father?

 

[VSPeck1]

Why would this adult continue to receive benefits for his disabled father?

He is not yet 18 and still a full time high school student. According to Social Security he can receive benefits until he graduates from high school. Apparently because he is still in high school he is not considered an adult.

 

[Onderzoek]

What is the name of your state (only U.S. law)? Indiana

My grandson will be 18 in a few days. His father had been receiving benefits for the young man but he received notice the other day that he will now be receiving them directly. He is living with me and has been since Sept. 2010. His father had been providing health insurance for him but has let it lapse on both this young man and his younger brother. I can put him on my insurance as a member of my household but I am concerned that may jeopardize the social security benefits that he is receiving as a result of his father's disability. What are the rules regarding a child receiving Social Security while still in school but not physically residing with the qualifying parent?

2nd - Can I claim him as a dependent for tax purposes while he is receiving Social Security? He is a full time student and other than his health and car insurance that his father paid up until May of this year, I have completely supported him, both financially and acting as a "parent" with respect to school and educational issues. I realize once he graduates from high school his social security benefits will end and I will be his sole support while he is in college which is fine, but his father does not currently claim him as a dependent (he apparently does not have to file income taxes?) and I didn't know if I could.

Sounds like father has been misusing the benefits if he hasn't been providing any support for the past two years. Not sure if you can prove it at this point, but you could try.

1. There is no rule that the child has to live with the disabled parent. The payee is supposed to be the person who is taking care of the child. You should have applied as payee in Sept 2010.

2. You need to ask your tax preparer. The answer is maybe. Do you have a tax liability? Are you working? You might even be able to get an Earned Income Credit. Or not.

 

[VSPeck1]

Sounds like father has been misusing the benefits if he hasn't been providing any support for the past two years. Not sure if you can prove it at this point, but you could try.

1. There is no rule that the child has to live with the disabled parent. The payee is supposed to be the person who is taking care of the child. You should have applied as payee in Sept 2010.

2. You need to ask your tax preparer. The answer is maybe. Do you have a tax liability? Are you working? You might even be able to get an Earned Income Credit. Or not.

Thank you. Yes, he has been misusing the benefits and I know I could have and likely should have applied to be the payee but it was an ugly situation all around and all I really cared about was the well being of the child. I knew if I applied to be the payee he would try to make the boy live with him and at the time it was simply not worth it the battle. Some things are more important than the money. Yes, I do have a tax liability and will talk to my CPA. I may well try to amend my return from last year. Thanks again.