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I can't get social security benefits for my sons deceased father since he didn't work. What can I do to get help?

Minneapolis, MN |

Son's father had a seizure disorder so had trouble getting work
Son's father was in prison most of his life so couldn't work
I have proof of paternity

Attorney Answers 2

  1. Unfortunately, if your son's father does not have enough work credits on his Social Security record, there is nothing that can be done to get your son a benefit. Even if his father had been approved for SSI benefits on the basis of his seizure disorder, there wouldn't be any benefits available to your son now. If you're not sure whether the father had enough work credits, you could file an application for benefits for your son with SSA - there's no harm in applying.

    Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. Please call our firm at 1-866-959-5362 if you would like to discuss your case in more detail. The answers provided on are for information purposes only, and should not be relied on as legal advice. This answer does not create an attorney-client relationship between us. In some jurisdictions, this answer may be construed as attorney advertising.

  2. My colleague is correct. Since father was in jail most of his life, he doubtless did not earn enough credits to be "insured" or covered by social security. That means his son is not eligible for Social Security benefits as a dependent.

    The only benefit the child might get is SSI, but that would require the child to have severe medical problems that leave him disabled AND would require financial eligibility too - SSA will consider the income into the household before awarding benefits.

    Hope that helps. Good luck to you.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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