Duncan, OK asked in Social Security for Oklahoma

Q: How will my child's disability payment be determined?

In June 2023 I filed a disability claim for my nephew, who I have had sole permanent conservatorship of since infancy. I'm the only person who has ever carried him on my taxes, and I'm the only person who has ever provided any financial support for him.

I expect his disability claim to be approved shortly (Yes, I am aware that most of the time it is not approved the first time you apply, that has nothing to do with my question). My question is will his disability payments be based off of my income and the credits I have with social security or will it be based off of his biological parent's incomes and credits? Neither of them work and do not hold any social security credits.

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: The determination of your nephew's disability payment under the Social Security Disability Insurance (SSDI) program primarily depends on his own work history and earnings, not on yours or his biological parents'. However, since it sounds like your nephew may be a minor or has not worked, he might not qualify for SSDI due to insufficient work credits.

In such a case, he may be eligible for Supplemental Security Income (SSI), which is a program for individuals with disabilities who have limited income and resources. SSI payments are not based on work history but on financial need. Your income and resources might be considered in determining his eligibility and payment amount, as you are his conservator and he is a part of your household.

It's important to communicate with the Social Security Administration (SSA) regarding your specific situation. They will consider all relevant factors, including your nephew's living arrangement, your income, and resources, to determine his eligibility and the payment amount.

Remember, navigating these processes can be complex. If you need clarification on how these rules apply to your situation, seeking guidance from a legal professional knowledgeable in social security law can be beneficial. They can offer advice tailored to your unique circumstances.

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