My daughter just turned 16. She is ADD dyslexic, and has intellectual disabilities. She was just tested through her school and has an IQ of 67. She currently receives survivor benefits from her father. She will be 19 during her 12th grade year. My morhers insurance stopped this month. 1. Should I apply for a mother's insurance now that she has been retested and seems like she would qualify as a disabled child,? 2. Should I file for disability for her at 18, or now, or wait until her survivor benefits expire? 3. I will be her caregiver for life - can I get a benefit in that situation?

Hi,

It sounds like you should. Your daughter could continue to receive her benefits until age 19 if she still in high school up to that time, but she can continue to receive them indefinitely if she's considered disabled according to Social Security's regulations. Social Security normally wouldn't make a determination on whether or not your daughter qualifies as being disabled until shortly before she reaches age 18, but they will make a determination earlier if it's required in order for you to be able to receive child in care mother's benefits (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0415.html).

In order to qualify for mother's benefits, you must have a child in care who's receiving child's benefits and who is either under age 16 or disabled. If you've been receiving mother's benefits and if your daughter just turned 16 then you'll need to ask Social Security to make a disability determination for your daughter in order to resume your eligibility for mother's benefits. It does take time for Social Security to make those determinations, though, so it sounds like your benefits will stop at least until they decide that your daughter meets the disability requirements. Assuming that her claim is approved, Social Security should then resume your mother's benefits and pay you back pay for any months that your benefits were improperly terminated.

Once your daughter is established as being disabled by Social Security standards and as long as she remains in your care, your mother's benefits can potentially continue indefinitely unless you remarry or if you work and earn too much. Mother's benefits automatically convert to regular widow's benefits when a person receiving mother's benefits reaches full retirement age (FRA).

Best, Jerry