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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35754
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My mom was receiving Social Security benefits she was on SSI

Customer Question

My mom was receiving Social Security benefits she was on SSI she passed away who gets her benefits? I have an older brother who is on SSI as well as my mom was. he is 44 yrs old does he get the benefits or do we both get them? I think its called survivor benefits?! He received a letter from social security I did not I am 40 yrs old
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.

When a parent dies, no one actually gets their social security benefit. Other persons may qualify for a survivor benefit, but this is different from someone actually being eligible to get the benefit that the deceased parent was receiving.

Under social security rules, adult children who are not disabled before age 22 are not entitled to a survivor benefit based on the death of a parent. Those adult children who are disabled before age 22 are eligible. That would mean that while your disabled brother will be eligible for a survivor benefit, that you will not be. I am sorry.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug