Legal Question in Social Security Law in Maryland

SS Survivor Benefits

I had a child and the father or my child is deceased, she was born after his death. I applied for SS in the state od Md and was informed that she was not eligible. Is this true?


Asked on 10/20/08, 11:53 am

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

Re: SS Survivor Benefits

Maybe. A child can get benefits if he or she is a biological child, adopted child or dependent stepchild.

You will need to prove that the child is the biological child of the deceased.

To get benefits, a child must have:

A parent who died after having worked long enough in a job where he or she paid Social Security taxes.

So if the deceased father did not work and pay SS taxes, (or did not work & pay in enought)there is no benefit available.

Also, the child also must be:

Unmarried;

Younger than 18;

18-19 years old and a full-time student (no higher than grade 12); or 18 or older and disabled. (The disability must have started before age 22.)

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Answered on 10/20/08, 1:40 pm


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