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?
Elder Law Attorney
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.
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5 lawyers agree
Family Law Attorney
Yes it is. You need a certain amount of regular income with social security taken out for your daughter to qualify for benefits.
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Elder Law Attorney
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.
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.