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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19306
Experience:  B.A.; M.B.A.; J.D.
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My son was diagnosed at age 5 as being retarded by half s

Customer Question

My son was diagnosed at age 5 as being retarded by half his age. At aged 15 or so his father went to a SSA office and asked for benefits based on the fact that our son was considered as retarded and my son was given SSA benefits and still receives them at age 69. He only receives $698/mo. I went to a SSA office and asked her if my son could receive more benefits from his father's SSA (now deceased). I was told that he could not because at the time that his father applied for the benefits he did not fill out "a form" and therefore our son was not eligible for benefits from his father's SSA benefits. I am now at an age where I may not be able to care for my son much longer and I don't see how he can survive on such a small monthly SSA benefits. It seems to me that either "the form" was not given to his father at the time he applied or it did not exist in 1962 or SSA was negligent in not giving it to him. Also, then why did he get benefits? Can you help me, I am age 92.
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

He is probably receiving Supplement Security Income ("SSI"). However, he should also be receiving survivor benefits based on his father's earnings. If his father did not fill out a so-called form, he should still be eligible for benefits based on his father's earnings since his disability started at birth. You can contact your U.S Senators and U.S. Representative offices for assistance. Click on the link below for their contact information:

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