My son is 15 and he lives at home with me, his father. His mother just passed away the 21st. What I want to know is two things. She had been trying to get disability and they were just about to go to court. I called her lawyer and he said that there are different types of disability cases and that even if she has passed they will still have court and that the kids would get her back pay. The other two are 19 and 21. My next question is can I apply for survivors' benefits being she hadn't worked the last few years? Thanks. Lost Dad
By Tony
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If they were just getting ready to go to court, I'm assuming she had been denied one time and was appealing that decision. Just because they go to court doesn't mean the disability will be granted and if that is the case there will be no back pay. My guess is that being the kid's mother passed away, they would get survivor's benefits, If you were still married to the kid's mother I would think you would get them too. Talk to your local Social Security Office. I'm pretty sure being the kid's mother has passed away she won't be getting disability or back payment.
Hello and I am sure the Thrifty community wish you and your family many blessings in this sad time in your life.
It does seem that your wife's attorney would answer some of your questions but if not (or you just want more info) you should go in person to your local Social Security office. Be sure to have all of your information with you so maybe one trip will suffice.
I do not believe you will receive any benefit (other than "burial" benefit) but your one or more of your children may be eligible. Age is a big factor here so the SS office is the best place to get your "real" answers as all cases are different and depend on many factors.
I believe the death of your wife will probably cancel the disability case as those benefits would have been for her but I really have never dealt with a case like this.
Maybe when you have some answers you could post your case here again?
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