Legal Question in Social Security Law in California

I am wondering if my children are eligible for SS benefits after the death of my husband from cancer. I had adopted my children from Russia before marrying my husband and he was in the process of adopting them but was not able to complete the adoption before his death. We were only married less than 3 years. He had been receiving SS disability payments after his diagnosis a year ago, but prior to his diagnosis he made much more than my salary as a teacher. However, because his disability payments were less than 1/2 my salary for the 6 months prior to his death, my kids were denied stepchildren benefits. Do I have an argument for appeal of children's benefits? I do have the court papers showing the adoption applications had been filed in court.


Asked on 5/11/10, 9:27 pm

1 Answer from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

you can try but it will depend on the state of the adoption

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Answered on 5/17/10, 3:26 am


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