Skip to main content

My child's father passed away in November of 2012 is she eligible for social security benefits?

Athol, MA |

My child's father was incarcerated for most of her life (she is 7). He did have a couple of jobs when he was out but they weren't steady. A few people informed me that she should recieve benefits due to his passing. The social security office said that because he didn't work enough she wasn't entitled to anything. Is that true?

Attorney Answers 3

Posted

In order to receive social security benefits, a worker needs to register 40 quarters, ten years of employment. If your daughter's father did not meet that requirement, then she will not be able to claim a benefit.

*** LEGAL DISCLAIMER I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Reading. My practice is focused in the areas of elder law, estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

Mark as helpful

5 lawyers agree

Posted

Yes it is. You need a certain amount of regular income with social security taken out for your daughter to qualify for benefits.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Mark as helpful

4 lawyers agree

Posted

According to the Social Security web site, a child can receive survivor's benefits if the worker has credit for one and one-half years of work (6 credits) in the three years just before his or her death. My guess is that the father did not work long enough to qualify.

http://www.ssa.gov/survivorplan/ifyou.htm

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.

Mark as helpful

4 lawyers agree