Sometimes a family can receive Disability Insurance Benefits (DIB) beyond the impaired person’s benefits. The unmarried children of a successful claimant can receive children’s benefits or auxiliary benefits.” There are three types of unmarried children who qualify for auxiliary benefits under 20 C.F.R. § 404.350: a child under the age of 18, an adult child who is disabled prior to age 22, and a child who is a full time student and is under 19. Eligible children include natural children, legally adopted children, and certain stepchildren, grandchildren, and equitably adopted children per 20 C.F.R. § 404.354. These auxiliary benefits are available when DIB payments are available – five months from the date of disability. Auxiliary benefits are subject to back payments in the same fashion as DIB back payments; you can receive back payments for benefits up to 12 months prior to the date o f the parent’s application for benefits per POMS GN 00204.030. Thus, even if the child does not meet the requirements to be an auxiliary beneficiary when benefits are awarded, the child can receive back payments to which they would have been entitled. At Greeman Toomey, we always remind and encourage our clients to file for auxiliary benefits when they are eligible so that our clients’ families receive all of the support to which they are entitled.
