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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13565
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My son is 19 and going to a non-additional 9 mo. school

Customer Question

My son is 19 and going to a non-additional 9 mo. school before going to a 4 your college next year. His mother died while he and she were in scuba diving over Christmas. Additional Information:
-He is an a gap/link year program before college
-He's been accepted at 6 Universities and is planning on being a full-time student in fall 2016
-He's 19 now and his mom and I have been divorced for 2 1/2 yrs
-His mom was a family Dr. and in looking at an older Soc Sec. printout, he would have qualified for $1820 in 2010 as a Family Survivor
-He lives with me when not in school
-I doubt I quality for anything since we are divorced, but he is my responsibility through collge.
-Never hurts to ask!!
Berry R Huffman
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi Berry, are you asking if he is eligible for a child's survivor benefit under his mom's record?

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

Berry, I am so sorry for your family loss, and I feel particularly for your son.

With regard to SS child benefits, such as a child's dependent survivor benefit, it does not appear your son would be eligible on these facts. Child's benefits, except for disabled children, will end once the child is an adult - 18, unless he is still in high school, then he can be paid up to 19. Your son is over 19, so this wouldn't apply. I presume he is not disabled as well.

I wish it were different, but it is what it is. When they mean "child" benefit, they do indeed mean it - essentially children that are not expected to work for a living yet, if they need it to survive. Over 18 (or 19), they are considered capable of work, college or no college and the insurance auxiliary benefit halts.

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

That said, it is always worth looking into! I can't tell you how many people have asked WAY too late and lost 10+ years of a child's benefit because they didn't know it existed. Heartbreaking.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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