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  • Stephanie O. Joy, Esq. / Joy Disability

Is My Child Eligible For A Survivor Benefit From My Father If My Father Provided For My Child And Me


QUESTION:

My father recently passed away.He was receiving retirement benefits. He was my daughter's sole provider, his granddaughter. He also provided for me. Can I apply at social security for survivor benefits because my father was providing for me and my daughter? I went to social security and they said that grandchildren are not eligible for survivor benefits but I read into the eligibility and it clearly says grandchildren are eligible for these benefits. What should I do?

ANSWER:

I believe you read wrong, unfortunately. (But feel free to send the link to what you read to me via "Affordable SS Answers" button, above, and I will be happy to both analyze the statement and provide you with an explanation.) The mere status of grandchild generally does not provide for survivor benefits. (There must be adoption completed or, at times, in progress.) The SSA works under the theory that a legal parent(s) is responsible for supporting the child, even if they don't do so, and that your own work efforts as a parent will provide for survivor benefits for a minor child, should you become disabled or pass away or become entitled to retirement benefits. Now, you DO mention that your father passed. I am very sorry for your loss. You also mention that he supported you. That sounds like you may be disabled and unable to support yourself since you are not self supporting. If you can prove you became disabled prior to age 22, as his CHILD, you may want to consider filing for DAC benefits for yourself based on your father's work record.


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