Mr. Kotlikoff:

I am in the process of applying for SSDI which is estimated to be at $1864 per month according to my 2016 SS statement. My retirement benefit at FRA is $2104. I have been married for 21 years and have a 26 year old disabled stepson (disabled since birth) who works full time and receives $942 per month in SSDI on his own record. If I qualify for SSDI, I believe my family maximum would be $3156 per month ($2104 x 1.5). My stepson lives with us and we take care of him in every sense of the word. My questions are:
1. Can my stepson qualify for benefits on my record in addition to his $942 per month?
2. Can my wife receive "Mother's" benefits under my record for her son?
3. In a best case scenario, could our "combined family maximum" per month be my stepson's $942 + my family max of $3156 for a combined family total of $4098?
I am 49 years old, my wife is 47 years old and she works full time earning approximately $42k per year.
I have purchased your software but it doesn't take into account my disabled son earns $942 on his record, only that he is disabled. I believe it assumes he doesn't earn SSDI on his record.

Thank you!
David

Hi David,

Your stepson could qualify for additional benefits on your record if a number of things are true. First, he must not have performed substantial gainful work (SGA) after age 22. In 2016, earnings averaging over $1130 per month are considered SGA, and the SGA limit was even lower in previous years. Judging from the amount of your stepson's own benefit, he may well have earned too much in the past or currently to qualify for childhood disability benefits. Secondly, he must be considered dependent on you, which means that you must have been providing more than one-half of his support based on a complicated formula that SSA uses to decide that. Since he has his own income, he may not meet this requirement even if he's always lived with you. Lastly, one-half of your primary insurance amount (PIA) must be higher than his own PIA in order for him to receive any additional benefits on your account.

A person's PIA is the SS amount that they are eligible for at full retirement age. If you qualify for SS disability, your monthly disability benefit amount is equal to your PIA. Therefore, I'm confused as to whether your current PIA is $1864 or $2104. It can't be both. If the $2104 full retirement age benefit you cite assumes future earnings, then that figure is probably not your current PIA.

With regard to your second question, your wife may qualify for child in care benefits, but again there are many hoops involved which make it doubtful. First, your stepson must qualify at least technically as a disabled child on your record, meaning that he must meet the one-half support requirement mentioned above, and he must not have performed SGA after age 22. Second, he must be considered in your wife's care, which goes beyond him living with her. He must also either be disabled due to a mental impairment, or be dependent on your wife for personal services, such as dressing, feeding, etc. Furthermore, Social Security's earnings test would apply to your wife's potential benefits, which would require withholding of $1 of her benefits for each $2 that she earns in excess of $15,720 this year. If she earns $42K per year, it's unlikely she'd receive any payments even if she met all of the other requirements.

Regarding your third question, your family maximum cannot be combined with your stepson's family maximum. Family maximums can only be combined in cases in which a child qualifies for child's benefits on the accounts of more than one parent. The parents' family maximums can potentially be combined in those cases.

Best, Jerry