Social Security Survivor Benefits

My husband died 11/2. His 15 year old son was living with us at the time, and had been for 4-5 years except for a brief couple of months when he lived with his mom. My step son continued to live with me for 5 months after his dad died, but his mother lied to SS and told them he was with her and began receiving benefits. I called SS and was told they could not talk to me because I was not a biological parent. What do I do? I have written proof that this child was living with me and Mom was receiving his survivors benefits and not forwarding any payments to us.

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By Terry W.

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April 27, 20140 found this helpful

If your step son only lived with you for five months after his Dad died, and is now living with his mother, what do you want? Do you want reimbursement for those five months or do you think you are entitled to receive his benefits even when he isn't living with you? Was a financial hardship to have him living with you for five months? You should be receiving benefits too. If you want to remain on good terms with your step son and want to be able to see him, you should probably drop this. His mother could refuse to let you see him, if you get too persistent.

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May 5, 20140 found this helpful

Who is his legal guardian? He/She is the one entitled to his benefit check. If you aren't his legal guardian, you are entitled to nothing. Unfortunately, this happens when marriages are dissolved and children are involved.

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This is why it's best to have wills drawn up and legal issues resolved before something happens. If his mother doesn't have legal guardianship, you may need to talk to an attorney.

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