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

Asked over 3 years ago - 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)

  1. Gerald Gregory Lutkenhaus

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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... more
  2. Brian S Wayson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

33,034 answers this week

3,616 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

33,034 answers this week

3,616 attorneys answering