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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3427
Experience:  37 plus years of SSD practice
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I am almost 63 and make about 90000 a year and will continue

Customer Question

I am almost 63 and make about 90000 a year and will continue to work , my daughter is 14 and I had been told by a ssa employee last year that while I would receive no checks due to my income , that she would be able to receive a benefit. This last week I filed for myself and her. I received a letter with a appointment (phone meet) for may 26 , but a employee of ssa has called me and said that if I do not receive a check my daughter will not as well. It wasn't taken well when I told them that that was not what I was previously told. Please advise thanks Ed
Submitted: 7 months ago.
Category: Social Security
Expert:  emc011075 replied 7 months ago.
Hi. My name is ***** ***** I will be happy to help you. You are making too much to receive any early social security benefits. Once you reach your full retirement age, 66, than you can receive benefits and have unrestricted earnings. What type of benefits your daughter was suppose to apply for? Survivors benefits?
Customer: replied 7 months ago.
no she is 14 and should recieve a childs benefit and my spouse is taking care should be able to receive something as well
Expert:  emc011075 replied 7 months ago.
To receive SS benefits your child must • A parent who’s disabled or retired and entitled to Social Security benefits; or• A parent who died after having worked long enough in a job where they paid Social Security taxes. The child must also be:• Unmarried;• Younger than age 18;• 18-19 years old and a full-time student (no higher than grade 12); or• 18 or older and disabled. Your spouse can apply for her own benefits as soon as she is 62, but until you apply for your own, she will not be able to collect spousal.
Customer: replied 7 months ago.
yes she is 14 years old and meets the requirement
Expert:  emc011075 replied 7 months ago.
Ok. I will not argue. If you believe that she is entitled to benefits than you need to call SSA and keep or reschedule the appointment. You will have to ask the agent how they made the determination that she is not entitled to benefits.
Customer: replied 7 months ago.
no agrue , but you seem to miss the the point of my question all together , ssa agrees she is entitled no problem there. the 2 employees differ on the fact of my not receiving a check (due to over income) affects her ammount. one says yes the employee says no
Expert:  emc011075 replied 7 months ago.
I have no way of knowing why one agent said yes and the other said no. I can provide you with general guidelines and requirements but I do not have access to your file. Only SSA can answer the question why they changed their mind or canceled the appointment.
Customer: replied 7 months ago.
thank you