Important Updates to Child Relationship for Disability Benefits

If you are on Social Security Disability (Title II) and are thinking about claiming dependents, there were some recent updates published to these guidelines. It is important for everyone claiming children and dependents to know about these updates so they can protect their benefits. The reason why the Social Security Administration updated these rules is that medical, technological, and social advances over the past few years have largely made the individual state laws obsolete. In the past, the Social Security Administration was required to defer to state laws which were frequently problematic. The updated rules are going to cover multiple issues such as children with same-sex parents, children conceived posthumously, and in vitro fertilization.

Children Conceived Posthumously

When the states wrote the rules for who could receive a parent’s disability benefits, they largely omitted children who were conceived posthumously. Over the past few years, advances in medical technology have made the idea of parents conceiving posthumously viable. Advances in reproductive technology, such as the use of frozen sperm, have shined a spotlight on legal issues related to the rights of children who might have been conceived after their parents had died. Thankfully, the Social Security Administration has changed the way they look at dependents to include children conceived posthumously in certain situations. With the guidance of an attorney, there is also a route for requesting a legal opinion from the Social Security Administration. By receiving an SSA ruling, this can broaden the definition of Social Security dependents.

Children of Same-Sex Couples Child-relationship-disability-benefits

In the past, benefits for children of same-sex couples was a murky issue. It used to be difficult for same-sex couples to get married. Without marriage, children had trouble receiving the benefits of a parent to whom they were not biologically related. Now, an SSA ruling has made it easier for children of same-sex couples to be claimed as dependents. There are rules and regulations addressing what it means to be a child in care which can guide same-sex couples through this process. This provides new avenues for same-sex couples to claim children as dependents. While marital status is still important, there are other options available. This can have a major impact on a couple’s Social Security disability benefits.

In Vitro Fertilization

Medical technology has advanced significantly and artificial insemination, such as in vitro fertilization, is giving fertility hopes to parents who might not have had any other option. Now, the Social Security Administration has expanded the definition of dependent to include in vitro fertilization in certain situations. It is always helpful to work with a legal professional to determine disability benefits in cases of assisted reproduction technology. By getting children born with assisted reproduction technology, such as in vitro fertilization, considered as dependents, this can have a major impact on a family’s benefits.

Trust the Dedicated Team at Match & Farnsworth in Salt Lake City, Utah

Because of the recent updates to the child relationship for disability benefits issued by the Social Security Administration (SSA), it is more important than ever to make sure everyone abides by the new regulations. At Match & Farnsworth, our lawyers and staff are dedicated to providing all clients with the legal representation they deserve. We strive to get to know each of our clients on a personal level. That way, we can best advocate for their needs. Please contact us today to learn more about how we can help you!

Leave a Reply

Your email address will not be published. Required fields are marked *