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Can my children draw social security check on their deceased father?

Lawrenceburg, TN |

He has been drawing a SSI check since he was born. He has worked some when we was married for 8 years. I was wondering if they can draw off him?

Attorney Answers 2

Posted

If he did not pay enough into the system to qualify for Social Security, then the answer is no. SSI is welfare disability. SSI does not provide any benefits for dependents.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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Posted

Under SSI, as my esteemed colleague noted, a child cannot draw on a parent's benefits. However, under SSD and under the survivors' benefits provisions of Social Security, your son may be able to draw additional benefits. If your son is over 18 and became disabled before age 22 then you son likely can draw benefits under the Disabled Adult Child program since his father is now deceased (these benefits would reduce or replace his SSI benefits - but they would not change each month like SSI can, so they are better than SSI benefits in that regard.) If you son is under 18, he likely is entitled to Survivors' benefits from Social Security (these benefits also would reduce or replace his SSI benefits - but they would not change each month like SSI can, so they are better than SSI benefits in that regard.) Check with Social Security to find out.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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