13Feb

Can a child get Social Security benefits if a parent dies?

By Tomasz Stasiuk, February 13th, 2008 | Children's SSI, Survivor's Benefits | 44 Comments

Can a child get Social Security benefits if their mother or father dies?

Children can be entitled to receive Social Security child’s benefits if the deceased parent was fully insured by Social Security and if they meet 5 tests:

The child is the insured person’s child. See §§404.355 through 404.359;
The child is dependent on the insured. See §§404.360 through 404.365;
The child applies for benefits;
The child is unmarried; and
The child is under age 18; – OR – 18 years old or older and has a disability that began before the child became 22 years old; – OR – the child is 18 years or older and qualifies for benefits as a full-time student in a primary or secondary school as described in §404.367.

See 20 CFR 404.350 for more information.

Updated 04/30/09.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

Dave

If a child is 18 and a full time student, to what age is the child eligible to receive benefits? I am a teacher, and I have many 19-21 year old kids trying to finish high school here in Texas. Are survivor benefits for a child cut off at age 19, 20 or 21? Even if they are still in school?
Dave

If a child is 18 and a full time student, to what age is the child eligible to receive benefits? I am a teacher, and I have many 19-21 year old kids trying to finish high school here in Texas. Are survivor benefits for a child cut off at age 19, 20 or 21? Even if they are still in school?
Pingback: Social Security parent's benefits | Colorado Social Security Law
CJONES0318

My daugher was receiving SSI disability benefits at the time of her death. Will her son who is 5 be eilgible to reveive any social security benefits? sHE WAS DRAWING SSI FROM HER DECEASED FATHERS SSI SINCE SHE WAS 4. hE WORKED BUT SHE HAS NEVER BEEN ABLE TO WORK DUE TO BACK SURGERY AND MENTAL ILLNESS.
manuelcoffey

I have three kids my wife past years ago, when my oldest turn 18 his check stopped, my two other kids got an increase which still made it almost as getting three checks.I need to know when my second child turn 18 in a few months will my youngest child get the whole amount ? will my youngest get over $1800.00 amonth? If you can repond to this letter it will help out a whole lot .
Pingback: Paternity and childrens Social Security benefits | Colorado Social Security Law
cynthia waid

My girlfriend commited suicide when her daughter was 10 years old. My girlfriend raised her daughter all by herself , she had always worked and had no contact with the father of her daughter over the years. How much a month would the daughter recieve from survivor's benefits? Will she continue to recieve the benefits when she goes to college and for how long? Thank you
bbkris

can i ask you a question
http://www.Planet10Tech.com TomaszStasiuk

You just did!

But if you want an answer, keep in mind that I don’t provide legal advice in comments. That means I cannot answer, “here is my situation… what will happen?” questions.

This site provides general information. If you need answers based on your specific circumstances, contact SSA directly or speak with a lawyer in your area.
B A Scherff

I’m ranting if that’s alright? First off my father passed away when I was 6, my check that my mom gets to support this family stops at age 16, I’m currently 15 now and how do they expect me to get a job at 16 and make that much a year; ridiculous and what i can’t stand the fact and the point I’m trying to make is, on this show i recently watched called 16 and pregnant , for having a child at 16 they make $250,000 for just being on that dumb ass show excuse my language, which is absolutely pointless and they did to themselves and basically getting rewarded for their fault, when i didn’t ask for my father to die as to many others in the deceased parent situation! If you know were I’m trying to come across from this please feel free to reply!
B A Scerff

Sorry if that was somewhat irrelevant to this topic but it was getting to me!
B A Scherff

Sorry if the grammar is horrible, I guess all i can do now is get a great education which any one in my situation deserves and a great job!
B A Scherff

oh and contact me at b.a.scherff@hotmail.com
http://www.Planet10Tech.com TomaszStasiuk

Thanks for commenting. And commenting. And commenting.

Social Security has different kinds of survivors’ benefits:
Social Security pays benefits to the surviving parent. This article provides more information: http://www.socialsecurityinsider.com/2009/12/social-security-parents-benefits/

However, there are also benefits paid to the child of a deceased parent. Children’s benefits end 18 (or 19 if still in high school): http://www.socialsecurityinsider.com/2008/02/when-do-social-security-childs-benefits-stop/
Pingback: Does adoption cut off survivor’s benefits for children? | Colorado Social Security Law
J_rodleb

I have two children, there mom passed away and both were recieving a check. Question, when the oldest child turns 18 his check stopped. Does the money that he was getting go to the younger child. Or does the benefit stay the same?
http://www.Planet10Tech.com TomaszStasiuk

Take a look at http://www.socialsecurityinsider.com/2011/05/my-child-is-graduating-high-school-will-my-other-childrens-social-security-benefits-change/
Msdonnakick

Until age 18 or graduates.
hillary

my dad died when i was 1. i currently get money from that and im 17 almost 18. i graduate this year and i’ll be attending college full time. do i still get the money?
http://www.Planet10Tech.com TomaszStasiuk

Hi Hillary, take a look at http://www.socialsecurityinsider.com/2010/01/can-you-get-social-security-childs-benefits-as-a-full-time-student/

For specifics about your case, contact your local SSA office.
Veronicaguerrero34

3 years old daughter ,father just passed away now I do,nt think he worked for to long is she able to get any benefits
Pingback: When Do Social Security Child's Benefits Stop? | Colorado Social Security
Michellezahrte

If your spouse dies leaving you to take care of children under the age of 16, you may be entitled to Mother’s and Father’s benefits (commonly called parent’s benefits) under Social Security.
These are separate from the benefits the children may be entitled to based on the death (or disability) of a parent.
MichelleZahrte

You most likely qualify for benefits of your own as a surviving child, your mother is receiving benefits as a surviving parent.
http://www.stasiukfirm.com/ TomaszStasiuk

Hey, that’s what *I* said!

http://www.socialsecurityinsider.com/2009/12/social-security-parents-benefits/
zack bruner

hey thanks for the post! i have 2 important ?’s maybe you could help me with. First off, Im 17 years old and ive been getting social security from both of my parents being deceased. I live in Georgia,Ive been told since ive been getting the check that if im a full-time student id get the check until i was 25. Is that true? Also, if I get a part-time job for like 12 hrs. a week would my benefits be affected?? Thanks
guest1223

can a child recieve money directly ?
http://www.stasiukfirm.com/ TomaszStasiuk

When Social Security children’s survivor’s benefits end is discussed here: http://www.socialsecurityinsider.com/2010/01/can-you-get-social-security-childs-benefits-as-a-full-time-student/

For specific information about your benefits, I encourage you to contact Social Security directly.
Pingback: Can a 18 year old full time student still get Social Security child's benefits? | Disability Tips
Kapraimua

I have some questions, my brother died 2 yrs ago and his son recieved survial benefits. Questions, if the money is misappropiately used from the mother and paying for her new born and her boyfriend’s car insurance, where can I get info regarding appropiate use for the child who is recieving benefit. Please help me…
Kapraimua

I’m just so frustrated, my nephew is living off my deceased brother’s benefit, but my nephew’s mother, not my bro’s ex wife they were just boyfriend and girlfriend, is living off with my nephew’s benefit and miss using my nephew’s benefit. My nephew asked his mom where is his money going to, in front me and my mother. This just breaks my heart and pissing me off. Desperately need some info…
http://www.stasiukfirm.com/ TomaszStasiuk

This thread discusses a similar situation: http://www.socialsecurityinsider.com/2010/01/can-you-get-social-security-childs-benefits-as-a-full-time-student/#comment-422054031

For specific information about possible misuse of benefits, I encourage you to contact Social Security.
Tete8339

My grandsons father is decreased. Their father applied for Social Security but never received it when he was alive. Can my grandchildren received social security benefits?
http://www.stasiukfirm.com/ TomaszStasiuk

Maybe. Depends on whether the father was fully insured and 5 criteria discussed in the article.

For specific information about entitlement to survivor’s benefits, I encourage you to contact Social Security.
pattyp

I have a child whose deceased father paid very little soc sec. Is there any other benefits i can get for her
http://www.stasiukfirm.com/ TomaszStasiuk

Based on what you describe, whether the father died “fully insured” may be an issue. I cannot answer that. You need to contact SSA to see what they say.
Meganjc07

Hi, um about this. My dad is 58 years old and me and my sister are 15 & 12. They just cut off our social security without telling us! We have bills to pay. We usually only have $120-140 dollors left for grocery’s and gas. Can you help me?
http://www.stasiukfirm.com/ TomaszStasiuk

I cannot offer to help you. Encourage your dad to contact SSA to find out why the benefits were stopped. There should have been some communication, usually a letter, before any action was taken. The letter would describe the reason and the appeal rights. If your father no longer has this, SSA should be able to provide a copy, or at least say what has happened. Keep in mind that time limits apply to any appeals. So, it important to take action quickly. Your dad may also want to contact a lawyer in his area to get legal advice.
http://www.facebook.com/jazer.strozier Jazer Infp Strozier

Ok I used to live with my mom and she passed nov 8 2011 the SSI is still sending letters here saying that she will get benefits in March if they send a check here (even though I don’t qualify I am 23 i am a part time student and I am not disabled) can I still cash the check maybe I need to become a full time student
http://www.stasiukfirm.com/ TomaszStasiuk

You need to contact SSA about your mother’s death and the check you received.
Eileen

My childrens father was killed at 18 are they entitled to benefits??
Fjperkins

my nephew dad died wen he was 4 yrs old an is getting soc sec he is 18 now an is in the 12 grade. he will be 19 in april an he will not pass the 12 grade cuz he doesnt keep his grades up. he will half to do 12 grade again nxt yr. will his soc sec be cut off at 19 in april or will he keep getting soc sec till he finshes high school. also if he was to get married will his soc sec be cut off.
http://www.stasiukfirm.com/ TomaszStasiuk

The deceased parent had to be fully insured for the children to be eligible for survivors’ benefits. Only Social Security can tell you if that was the case. Give your local Social Security office a call and ask if your children are eligible for any benefits on their deceased father’s Social Security earning’s record.

Good luck Eileen!
http://www.stasiukfirm.com/ TomaszStasiuk

Take a look at http://www.socialsecurityinsider.com/2010/01/can-you-get-social-security-childs-benefits-as-a-full-time-student/

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