The father of my 2 children is incarcerated, can I get Social Security for them while he is in there?

Q) The father of my 2 children is incarcerated, can I get Social Security for them while he is in there?

A) It may be possible for your children to receive Social Security benefits based on their father’s record, even if he is incarcerated, if he has worked and earned enough Social Security credits.

If your children’s father is currently receiving Social Security benefits, your children may be eligible for dependent benefits based on his record. If he is not receiving Social Security benefits, but he has worked and earned enough credits, your children may be eligible for survivor benefits if he were to pass away. In order to apply for benefits, you’ll need to provide the Social Security Administration (SSA) with proof of your children’s identity and relationship to their father.

You can apply for benefits on behalf of your children by visiting your local Social Security Administration office or by calling the SSA’s toll-free number at 1-800-772-1213. The SSA can also provide you with information about the eligibility requirements and the amount of benefits your children may be eligible to receive.

It’s important to note that there are certain income and resource limits that may affect your children’s eligibility for benefits, and the amount of benefits they are eligible to receive. It’s also important to keep the SSA informed of any changes in your family’s circumstances that may affect your children’s eligibility for benefits.

See below for child benefit eligibility for Social Security.

Who can get child’s Social Security benefits?

Your child can get benefits if he or she is your
biological child, adopted child or dependent
stepchild. (In some cases, your child also
could be eligible for benefits on his or her
grandparents’ earnings.)
To get benefits, a child must have:
• A parent(s) who is disabled or retired and
entitled to Social Security benefits; or
• A parent who died after having worked long
enough in a job where he or she paid Social
Security taxes.
The child also must be:
• Unmarried;
• Younger than age 18;
• 18-19 years old and a full-time student (no
higher than grade 12); or
• 18 or older and disabled. (The disability must
have started before age 22.