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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Can I get survivor social security benefits dependent

Customer Question

Can I get survivor social security benefits for my dependent grandson from my husbands SS? One parent is dead, the other is absent. We had legal guardianship. He has been with us since birth
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Is he collecting a dependent survivor benefit off of his parent that is deceased?

Customer: replied 1 year ago.
No he is not-his father was young, 19 when he died and did not have enough work credits for SS-he has been with us since he was 7 month old, when his mother disappeared. He relies on us for his total support.
Customer: replied 1 year ago.
He is 15 years old now
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Ouch, OK, until you adopt him, he is not your legal child and he will not count as one for auxiliary benefit reasons. If you adopted him now, and you yourself have an SS work record that you have filed for (even if you are collecting survivor benefit on your spouse's record), he could collect under your record (up to 50% of your primary insurance amount) until he is 18.

The expectation, however unreasonable at times, or ineffective or impractical, is that the living parent be obligated to provide child support and that the custodial guardian file a motion for such child support to hold that remiss parent responsible.

That all said, if you could adopt your grandson, IF you yourself have a work record and can file for retirement etc., that is an idea to consider. Family adoptions are often quite quick, so it may be worth it.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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Expert:  Stephanie O Joy, Esq replied 1 year ago.

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