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Longhorn Lawyer
Longhorn Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 12291
Experience:  Knowledgeable in all aspects related to family law matters.
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My husband & I have had legal guardianship for our

Customer Question

My husband & I have had legal guardianship for our granddaughter since she was born. We both collect SSDI benefits. My husband passed away in 2016 & I receive death benefits for him plus I get my SSDI benefits. I was told that since my husband had legal guardianship until he got to sick to go to court hearings I am now the only legal guardian. Would she be able to qualify to get benefits from my husband?
JA: What's the legal status of the mother or father's parental rights? Are there any custody orders in place?
Customer: Yes I have legal custody & have the paper work.
JA: Family law varies by state. What state are you in?
Customer: New York state
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Family Law
Expert:  Longhorn Lawyer replied 2 months ago.

Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

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Please give me some time to consider your question.

Expert:  Longhorn Lawyer replied 2 months ago.

Thank you for your patience. Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Yes, it is possible for your grandchild to qualify for the benefits, so long as the child is considered a "dependent" and has lived with her grandfather for a specific amount of time.

To be dependent your grandchild must have begun living with her grandfather before she turned 18 years old, in the US, and received at least one-half support from her grandfather for at least one year prior to the month her grandfather became entitled to retirement or disability insurance benefits or died.

That is the simplest explanation. There may be another path, if this does not apply in this case, but based on what you've told me, I think this applies.

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Thank you!

Expert:  Longhorn Lawyer replied 2 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Do you need more help? Please respond so that I know what to do next.

Thank you!