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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 17451
Experience:  B.A.; M.B.A.; J.D.
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My sister struggled to take care of of disabled son since he

Customer Question

My sister struggled to take care of of disabled son since he was 16. After his father died, he was able to get a portion of his father's social security. He lived with my sister until his death at 48. She struggled to provide total support for him until he got social security. When he got social security, he provided much needed income to help his mom. My sister is trying to see if she can continue to receive that support. She also mentioned she could have gotten funds for all those years she provided total support but never applied. Do you know what this would be?
Submitted: 1 year ago.
Category: Social Security
Expert:  Phillips Esq. replied 1 year ago.

My sister struggled to take care of of disabled son since he was 16. After his father died, he was able to get a portion of his father's social security. He lived with my sister until his death at 48. She struggled to provide total support for him until he got social security. When he got social security, he provided much needed income to help his mom. My sister is trying to see if she can continue to receive that support.

Response 1: Unfortunately, she cannot. There is no mechanism in the system at this time to make her eligible for continued support through his son.

She also mentioned she could have gotten funds for all those years she provided total support but never applied. Do you know what this would be?

Response 2: Yes, I do. This is a fund paid to family members to take care of disabled relatives in their own homes instead of the relatives going to nursing homes. This program is run by Medicaid and goes by the names of Cash and Counselling, and Participant-Directed Services. Unfortunately, your sister cannot be compensated after the fact. Here is more information on the program:

http://www.bc.edu/schools/gssw/nrcpds/cash_and_counseling.html

https://www.caring.com/articles/payment-for-family-caregiver

Customer: replied 1 year ago.
Is there anything she can do? The social security that her son was receiving was from his dad, her ex husband. when he died my nephew was able to get a portion of his social security. After he divorced my sister, he remarried. Can she get it based on being his divorced spouse?
Expert:  Phillips Esq. replied 1 year ago.

She can receive survivor benefits on her ex-spouse's earnings if she is 60 years and older and if the marriage lasted for ten years or more and if she has not remarried. For more information, click on the links below:

http://www.ssa.gov/planners/survivors/ifyou3.html

How to apply for benefits

"You can apply for benefits by calling our national toll-free service at 1-***-***-****(TTY 1-***-***-****) or visiting your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply."

http://www.socialsecurity.gov/forms/ssa-10.html?__utma=176294311.792138076.1442065470.1444205500.1444614601.19&__utmb=176294311.13.9.1444614878045&__utmc=176294311&__utmx=-&__utmz=176294311.1443962599.17.3.utmcsr=search.socialsecurity.gov|utmccn=(referral)|utmcmd=referral|utmcct=/search&__utmv=-&__utmk=223628891

http://www.ssa.gov/planners/survivors/ifyou2.html

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