Will My Child Receive SSI?

My ex passed away March 14th. We have 2 children together. My question is are they eligible to receive SSI benefits? One of the children is his biologically, but the other one was fathered by someone else.

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My ex was the only dad he has ever known, he's even got his last name. I also have the paper they give you at the hospital, when a child is born for the father to sign, saying the child is theirs without a doubt. He signed that saying our son was his. I have several witnesses that can say he claimed him as being his son.

However, his name isn't on either birth certificate because a nurse at the hospital after the delivery, told me that if we added his name he would be responsible for the hospital bills. I knew we couldn't afford that so I left it as unknown. Will this matter?

By Cindy

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As far as I know SSI only goes to people with disabilities. When a child's father passes away they get survivors benefits from social security. You should contact the local social security office about this. Are these kids minors?

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This is a link to the Social Security site:

http://www.ssa.gov/survivorplan/ww&os2.htm

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You won't get anything unless you apply and all these questions will be brought up and answered at that time. So no matter what we tell you, it won't matter, you still have to apply.

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My 1st husband & I did this but did it legally through the county clerk. I had also not put any name on my sons BC. we went to clerks office & signed sworn affidavits that he was my son's father so we could legally change his last name cause my son was 5 years old. If you have a letter from him it may work but it may not since it is not notarized. Whatever you do, don't tell them he is not the father. Tell them you weren't seeing each other when the child was born & that he had written the paper & signed it in case he passed & you needed something. Tell them you didn't know it had to have any seal. I ended up not needing it 'cause when my husband passed the son that was not his was over 18 & not at home. Give it a try but as I said don't tell them...even if they deny it cause then they may think you're not being truthful about the other info. They never need o know. No testing was done when my husband did this & we were told nothing would ever happen unless his real father tried to claim him. They told me to just say I was seeing both of them then.

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As far as I know, all children born to a marriage are legally the children of the husband. I have read of men finding out they were not the biological fathers, but still had to support the children because they were married to the mothers when the child was born.

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I received Social Security checks for my daughter when her step father passed away, until she turned 18. They told me that if he had been claiming her on his Federal taxes; which they check; then she was eligible to receive benefits. Call the SS office or visit them and tell them.

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Please do not lie to Social Security in any way shape or form as one person commented here to do! Lying to the government can get you into a heap of trouble including possibly being turned down for both children's benefits and possible fines and jail time!

The paper you have from the hospital that your husband signed stating he is the father and the fact that your ex helped raise that child and that the child has his last name means he was the father!

Please just visit your local SS office and take all of the documents you have and keep copies of them for yourself. Also keep copies of any forms you fill out and all correspondence from you to them or them to you.

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My children received SS benefits because my hubby, their stepfather, received them. If he had passed away before they turned 18, they would've qualified for Survivors' Benefits until they turned 18.

As Deeli said, never EVER lie to the SSA! I'm not even crazy about the fact that you lied to the hospital about your child's parentage to escape paying the bill for the birth. I'm in no position to judge, though, of course: we were on Medicaid for each of the four I brought into this world. Putting my ex's name down as the biological father didn't negate Medicaid covering my stay.

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I applied for survivors benefits for my daughter when she was 6 months and was denied like 6 times. They said that she would need a paternity test. Her father is deceased, he died before she was born. They said that I would have to get a paternity test from someone in his family so I paid for a paternity test and his mother agreed to take it. It came back that she was the grandmother.

When I showed them the test, they approved it and she received 1300 in back pay and 223 a month for a year. When they approved me for it, I wanted to appeal the back pay because I didn't think it was right. I was down to the last appeal to see the judge. I went in the office to appeal it and they didn't give me the proper paper work so they end up letting my 90 days expire and said in the notes that I was ok with the backpay decision. I kept asking about the appeal and was basically told that no decision had been made and that they would contact me. So I called the toll free number to speak with someone and was told that the appeal had never been filed. So they put it in the notes for them to get in touch with me. I went the next day and told them I wanted to check on the appeal and the guy said they had to do some research on my case and they would get in touch with me but never did. The next week when I went up there, they said that they overpayed me and that she wasn't supposed to be getting the money because they couldn't used the DNA from his mother. Can they do that?

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Answer

My son's father recently passed away at 35 yrs. My son is 14 and his father was behind on his child support payments. Will my son be entitled to any benefits? We were never married, but his name is on the birth certificate.

By Alice

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Don't hesitate to contact the Social Security Administration via their national toll free number! Their agents are there to answer your questions.

You may even want to make an appointment with a lawyer to see what recourse is available to you. The first visit is always free as far as I know.

Best of luck!

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Read More Answers...

My son is 2 years old and his father has just passed. What benefits can I receive for him?

By Kanequa B. from NC

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Kanaqua... my condolences on your loss. It's tough, especially with such a little one. However, I really don't think you mean SSI. That's Supplemental Security Income, which is based on your total household income. I don't know about your area or whether it's nationwide, but it was $900 for me. I didn't qualify. As everyone here has said, you need to talk to someone at Social Security. They can explain what your little fellow qualifies for and how to apply.

God bless you and your little one... JPJ

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I'm 17 years old. My farther died when I was 3 years old and I'm not able to receive his benefits because he did not sign my birth certificate. He was in jail, so therefore the SSI said I can't receive his benefits. They said I needed his parents' signature; then they said I needed some kind of paper saying he is my father. The only paper I have saying he is my farther is an obituary; will that work or what can I do?

By Jamieca

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If your fathers DNA is not available you can still have a DNA test done if he has any living parents or siblings. The money will not go to you but rather to the caregiver you live with to help pay for the costs of housing you. I doubt it is retroactive however. I believe the rule is still intact that as long as you're going to school they (the caregiver) will receive the money until you turn 23 and continue living with them.

It is also possible that if your father was young enough and/or had been in jail a long time that he had never even paid enough into Social Security for any benefits to go into effect so weigh the cost of a DNA test, whether you will continue going to school after high school and the amount of money that might even be received by your caregiver before spending the money and effort for the test and further applications to Social Security.

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My ex-husband revives disability SSI and I found out that our daughter is eligible for benefits as well. He doesn't want that for her and says that he is going to call and have it stopped. So my question is, can he do that? Can he have those benefits taken away from her?

By Teresa from Dallas, GA

Answers:

Will My Child Receive SSI?

Pardon my bluntness, but your husband is a jerk for wanting to deny this child the payments that she's entitled to. Asking us isn't the solution, because we're not experts. Definitely call your local Social Security office and explain the situation. Ask them what you can do to protect your daughter. If they don't/won't give you an honest answer, there are plenty of Social Security attorneys out there who work for a commission, no upfront money necessary.

Best of luck! (08/27/2010)

By WildIrish

Will My Child Receive SSI?

Is your daughter disabled in order to qualify for SSI and does your total income qualify? Or will she be receiving it because her Dad gets it? The only thing I have heard of in a case like that is that the parent receiving disability has to pay child support out of the disability. If your "ex" would pass away then she would receive survivor's benefits. Call your social security office and find out for sure. (08/28/2010)

By redhatterb

Will My Child Receive SSI?

Personally I would say if she's disabled go for it. The person who applies is the only person who can take it away other than SSI! If your child doesn't need it and you are well off I would say just leave it be. There are a lot of people who abuse SSI all the time I think it should only be for people who really can't support themselves! Good luck! (08/28/2010)

By str82eternity

Will My Child Receive SSI?

You shouldn't need a lawyer to collect the SS income for your daughter. The Social Security people have all the facts and will work for your benefit as they are very helpful. Just provide them with the info they will need to start the checks, what child can't use additional income for a better lifestyle (just use it wisely).

And while you're at it, if you were married to your ex for at least 10 years, you're entitled to collect Social Security money anytime from age 62 to 66 from income he made for last 30 yrs of highest income earnings! It doesn't hurt to know these things in advance. (By the way, it doesn't matter if at the time you collect, if he's dead or alive: although if he's dead, it's a lot more money, go figure!). It won't affect his collecting SS, but you're entitled to it, too. "Nice!" :D

However, if the jerk didn't earn that much and your amount turns out to be more, then you wouldn't bother with his. This applies to any husband you've been married to for 10 years, Social Security goes by the husband who made the most amount of money for you. Know their name, date and place of birth and SS # if you have it. Have copies of marriage and divorce for each one. (09/01/2010)

By Iluv2craft

Will My Child Receive SSI?

Don't ask people who don't know. See all the different answers just on this site? Call the SS and ask them. Normally when a person gets disability they ask if the person has any dependents. Since this man seems like a jerk he might say no. Call the SS and tell them what you told this list and they will see that your child gets not only SS, but the health care that goes with it. If his claim has not gone in yet, check back until you find out what is going on with it. SS makes a point to see that those who are entitled get their benefits. (09/01/2010)

By Lilac

Will My Child Receive SSI?

If your husband/ex-husband doesn't want his child to benefit from his SSI, shame on him! If she doesn't want the money, it could be put in a high-yield savings account for a financial cushion. A couple of hundred dollars a month, even at the ridiculously-low rates financial institutions offer today, will yield some fair interest.

Like others, I encourage you to contact the Social Security Administration. You may also mention the SSI thing to your local child support office.
Interestingly, my current husband named my children from my first marriage as his dependents. For a short time until they turned 18, each received a Social Security check in their own name. Wish I could say they'd saved it! (09/02/2010)

By JustPlainJo

Will My Child Receive SSI?

I would call the SS office but I think the only way that he can have that stopped is to have his stopped. I do not understand why he would not want her to have it. My sister and I received it when our dad passed away and it would have paid through college. (09/06/2010)

By soccermom83

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Will my child whose father receives SSI or SSD receive monthly payments of her own?

Ruth from OH

Answers:

Will My Child Receive SSI?

Yes, I believe your child is entitled to Social Security until the age of 18. Even then the child can receive it if they go to college. Please contact your local Social Security Office. Good luck. (01/30/2009)

By Carol in PA

Will My Child Receive SSI?

Yes, if the father is receiving disability. The child will receive 1/2 the amount of the father. If dad gets 1000 the son gets 500. I don't know how SSI works. Hope this is helpful. (01/30/2009)

By Rebecca

Will My Child Receive SSI?

SSI is based on need. If your household (the household where the child lives) is above a certain amount, your child won't qualify. You should contact your local Social Security office to find out.
Best to you! (01/30/2009)

By JustPlainJo

Will My Child Receive SSI?

Our daughter received Social Security because she was under 18 when her dad retired. It could continue until the completion of college in some cases. Social Security determined that she was legally disabled at age 18 (physical and mental handicaps). To get her SSI she had to have less than $2000 in assets (set up a trust fund if needed for the excess). She did not qualify for SSI at first because I didn't understand fully what her Social Security expenses could be used for. You need to document that the child is spending his/her share of utilities and food before SSI can be awarded. Be also aware that whoever is the child's Social Security "guardian" will have to file annual reports on how the monies were spent, so keep receipts. (01/30/2009)

By Nell's Mom

Will My Child Receive SSI?

Yes, your child or children would receive SSD if your husband gets it but it is not half the amount. I'm not sure how they calculate it. My husband is disabled and gets $569 a month (after Medicare expenses) and our son gets $145.00. We had another baby and I asked about money for him, but they said they would just split the $145 between both kids until the older one turns 18 and then the baby will get all of it. (01/31/2009)

By Cindy S.

Will My Child Receive SSI?

She would not receive SSI as that is based on need, but would require her to be disabled (as well as meeting the $2000 limit in assets/resources). If the father receives SS benefits based on retirement or disability, she would receive benefits as the child of a retired/disabled parent. If the father only receives SSI (but not retirement or disability), she would not be eligible for benefits. The difference between SSI and SSD is that SSD is based on whether or not you worked and paid in, whereas SSI is not. The amount a child receives from the disabled parent's claim is determined by how much the parent draws. If there is more than one child, the child amount is split between the children. Once you contact SSA and provide proof of relationship (daughter), they will let you know what she qualifies for. Hope this helps. (02/01/2009)

By gonecrazyhunting

Will My Child Receive SSI?

My children received SSD benefits when their father became disabled and after he died, up to the age of 18. There is not a provision for SSD benefits after age 18, even if they go to college. Benefits terminate at the age of 18 or at the end of their post-secondary education (which is high school, not college). (02/04/2009)

By Belzin

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In This Article
Social Security Survivor Benefits
Receiving Social Security Survivor Benefits
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Business and Legal LegalApril 12, 2011
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