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Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Social Security
Satisfied Customers: 2983
Experience:  associate attorney
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Are the minor children of a person whose parental rights have

Customer Question

Are the minor children of a person whose parental rights have been involuntarily terminated in West Virginia entitled to social security death benefits? If so, if that person was not yet retired or receiving SS benefits at the time of her death and had remarried, is her spouse entitled to recover SS death benefits in lieu of the children receiving the benefits? The children live with their father, not the deceased's new spouse.
Submitted: 1 year ago.
Category: Social Security
Expert:  Christopher B, Esq. replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Just a couple of questions.How old are the children? How old is the spouse? How long did the marriage last? Has the spouse remarried (the father)?
Expert:  Christopher B, Esq. replied 1 year ago.
I will go ahead and answered since you have not checked back in. Your children would still be eligible for a survivor benefit even if their mother's parental rights were involuntarily terminated. Your unmarried children who are under 18 (up to age 19 if attending elementary or secondary school full time) can be eligible to receive Social Security benefits from their mother. And your child can get benefits at any age if he or she was disabled before age 22 and remains disabled. See link to sign up with SSA: you were married for at least 10 years and remained unmarried (or at least did not remarry before age 60), you would be eligible for the survivor benefit. It did not matter if your ex remarried. You could take a survivor benefit of up to 100% of your ex if you are 66 years of age. You can receive this benefit at age 60 at a decrease of around 30% for early retirement. So to answer your question, both ex spouse and children can receive a survivor benefit but it is also limited to the family limit which varies between 150 and 180 percent of the deceased worker’s benefit amount. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 1 year ago.
Just checking back in, do you have any further questions?