BenefitsLink > Q&A Columns >
Answers are provided by Robert S. Kaufman
Benefits for Children of Disabled Workers
(Posted April 10, 2003)
Question 240: My ex-husband is receiving a disability benefit from Railroad Retirement. We have a 15-year-old son. Are there benefits for my son similiar to what Social Security provides?
Answer: Railroad Retirement does not provide direct benefits for children of retired or disabled workers. This is one area where Social Security provides benefits that Railroad Retirement does not.
Railroad Retirement has a "special guaranty" provision, which provides increased benefits in some cases to the worker where Social Security would have paid higher benefits to the family. In order to be considered for the special guaranty, the disabled worker first must meet the requirements for a "Period of Disability" as prescribed by Social Security. Then the increase is paid to the worker if, using the Social Security formula, higher benefits would have been paid to the worker and his eligible family members.
I suggest you contact the local RRB office to see if your former husband's benefits can be increased because of your son.
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice
to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the
law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness
or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.)
that occur after the date on which a particular Q&A is posted.
Copyright 1997-2017 Robert S. Kaufman