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My father died in Dec. He was receiving 100% disability for prostrate cancer. My mother applied for benefits and was denied bo

Veedersburg, IN |

They state the death certificate didnt say cause of death prostrate cancer. However he had kidney failure from the cancer and filled up with fluid and died from congestive heart failure diastolic

Attorney Answers 2

Posted

If your question concerns your mother's eligibility for a Social Security widow's benefit, the cause of your father's death should not matter. The cause of death might be relevant to certain private life insurance policies in which recovery is limited to deaths from particular diseases. More information may be necessary to answer this question.

Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.

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Posted

If your mom is over 60, my colleague is correct. If she is between 50 and 60 and disabled, then she is eligible for disabled widow's benefits, but that is based on her own disability and your father's death certificate is not relevant except to show he is deceased. There are no SS benefits that pay attention to the cause of death of a deceased.

Hope that helps. You may want to talk to an attorney in your area so you can review the specific facts with counsel. If you do not have an attorney, there are a number of good attorneys in your area, some of whom you can find here on Avvo. Use the “Attorney Finder” feature of Avvo for help with that.

You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney. If there is a law school in your area, you may contact their legal clinic as well.

You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

Their link is: http://www.nblsc.us/

I hope this information helps. Good luck to you!
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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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