QUESTION

My fiancee passed away about 3 years ago and I was denied survivor benefits for my child.

Asked on Apr 19th, 2012 on Social Security - Ohio
More details to this question:
How do i fight this ? they say that she didnt make enough credits for my child to be elidgable. I have heard of people getting these benefits without their parent ever working at all. she was also recieving survivors benifits from her father whom passed. what can I do?
Report Abuse

1 ANSWER

I am sorry to hear of your fiancee's passing.  There are a lot of issues here, and the best way to resolve this is to contact the Social Security Administration.  If your child is denied, and you think it is incorrect, you can file an appeal. It is very important that you apply, and if wrongfully denied, that you appeal, right away because your child may be missing out on important benefits. I am going to assume that your fiancee is the natural (biological) parent of your child.  A child under 18, a child who is under 19 and still attending full-time elementary or secondary school, or a child disabled prior to the age of 22 are all entitled to Social Security survivor benefits based on a deceased's parents' work history.  The child must be single. The number of credits needed to provide benefits for survivors depends on the worker's age when he or she dies. The younger a person is, the fewer credits he or she must have for family members to receive survivors benefits. But no one needs more than 40 credits (10 years of work) to be eligible for any Social Security benefit. A child can get survivor benefits if the deceased parent has credit for one and one-half years of work (6 credits) in the three years just before her death.  This is the minimum.  It is not possible to receive survivor benefits if your parent never worked or, more accurately, never paid into Social Security.  I recommend you visit Social Security's website regarding survivor benefits (http://www.ssa.gov/survivorplan/ifyou4.htm) or call the Social Security Administration.  Best wishes.
Answered on Aug 20th, 2012 at 3:09 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters