Claiming social security benefits after a parent dies

[Desert Rat]

Can anyone direct me on the steps required to obtain social security benefits for a child after one parent dies?

 

This is for a friend and there are some problems with her inlaws. This is one small area I can help with, with your assistance, of course.

 

Supposedly a member of her boyfriend's family filed something with her child's name with the SS office a few months ago.

 

Does she file after his death? (He isn't gone yet, stoopid cancer.) What could a family member have filed a few months ago on her behalf?

 

A few details. Mom and Dad are not married but have been together for years. Dad is on the birth certificate.

 

I can PM with more details, if needed. Don't want to put too much out there. Please don't quote in case she wants me to pull it down later.

 

Thanks, Hive! I have a busy day ahead, so I'll try checking in a couple hours.

[Desert Rat]

Oh, that makes sense! Thank you for your response.

[Cinder]

have been together for years

 

 

Depending on your state and the number of years they might have a common-law marriage which might affect how things (like benefits) work. I don't actually know what those might be. I just remember when we lived in TX there was discussion at work about benefits for a common-law spouse. Just thought I'd throw that out for consideration as your friend gets into researching details.

[Paula in MS]

She will need to file after the boyfriend's death because she is the mother and the child lives with her. She also needs to file pretty quickly after death because survivor's benefits kick in much more quickly than disability. If the in laws have filed for benefits in your child's name, when they are received, they must be used for the child. They are not a way to increase the boyfriend's income unless the child lives with both of them.

 

 

[Desert Rat]

The child does reside with both of them. Does this change the income then?

 

Thanks for your help, Paula!

[Paula in MS]

If the child lives with both of them, it should work out fine since they are in the same household. Disability benefits take a while to kick in after they are approved, though. If he has a terminal illness he may very well die before they see any money. After death the benefits begin very quickly for the child. I am not sure if the mother would get benefits if they are not married. If she doesn't work, she might want to check into that.

[Lanny]

The mother of the child should do the following:

(1) Start on this web page: http://ssa.gov/

(2) After exploring the Social Security Administration web site, call their toll free phone number and ask questions.

(3) If there is a local office of the SSA, in the city she lives in, she should go there, for personal, face to face help.

 

Any Child benefits her Child receives should go to the person who is designated to receive the benefits for the child. That would, IMHO, be the Mother. Not the in laws.

 

The mother might be entitled to Survivors benefits, after he passes away, depending upon the laws regarding common law marriages, etc. If the fathers name is on the child;s birth certificate, that would, hopefully, give a lot of weight to the possibility of the mother also qualifying for survivors benefits. It would depend upon how long they have been together, state law and Federal law.

 

GL to them.

[Desert Rat]

Thank you all for your insight.

 

I have sent her your responses.

[Ruby Rose]

Any chance they want to legalize their marriage so they both get survivor benefits?

[Lady Florida.]

I am not sure if the mother would get benefits if they are not married.

 

My experience is from years ago, so the laws might have changed, but my parents were divorced when my father died and my mother did not receive benefits. My brother and I did up until we each turned 21 IIRC. So, not married probably means no benefits.

 

Any chance they want to legalize their marriage so they both get survivor benefits?

 

It might be a good idea, but she should check into it first. I wonder if there's a minimum amount of time they need to have been married.

[gingersmom]

In my experience, when the parent dies you call and make an appointment at your nearest social security office.

 

You need to bring your childs social security, birth certificate, death certificate and social security number of the deceased.

 

You get X amount immediately (couple hundred) and then I think it was less than a month before the benefits for my children began. You can get direct deposit and monthly it is deposited. It goes to the guardian for the child till they turn 18 when the money goes directly to the child till they turn 21.

 

You receive a form you must fill out yearly to indicate that the money was used for the benefit of the child.

 

Any money received is also retroactive to the date of the death.

[Paula in MS]

 

You get X amount immediately (couple hundred) and then I think it was less than a month before the benefits for my children began. You can get direct deposit and monthly it is deposited. It goes to the guardian for the child till they turn 18 when the money goes directly to the child till they turn 21.

 

 

 

Benefits for children are only through age 18 (19 if still in school.). Twenty-one would be so great because it would help with college, but it's unfortunately not going to happen.

[Desert Rat]

Thank you, so much ladies. I know it's a tough topic.

 

They will not be legalizing the marriage. There's too much other stuff going on. But, I appreciate all the suggestions.

 

I've given her the link to this thread.

 

Thanks again!

 

I will file this under "things I hope I never have to know" in my head. :(