Survivor Benefits for stepchild?

[special mom]

What is the name of your state (only U.S. law)? MD

I have a question regarding SS survivor benefits. My friend’s husband passed away last week. A mutual friend of ours took her to the SS office to file for benefits. She has a daughter, husband was step-dad. Her legal father took off after paternity was established and child support order issued. She has no idea of his whereabouts and hasn’t seen him in over 11 years. She married her late husband 10 years ago.

So at the SS office the representative asked if she had any children and she said yes, but that her husband was stepfather. Here is where it gets strange, the representative said since they filed joint income tax and claimed her daughter, daughter qualified for benefits too!

This really sounds wrong to me. But the rep. filed the paperwork and I’m just hearing about it just now. My friend is in a total state of shock and is in a Xanax haze right now. I don’t want her to get in trouble for this. Does the daughter qualify for benefits from her stepfather? I say no but can find nothing on the SS website even that addresses this.What is the name of your state (only U.S. law)?

 

[CourtClerk]

Per the SSA website:

Who can get survivors benefits based on your work?

Your widow or widower may be able to receive full benefits at age 65 if born before January 1, 1940. (The age to receive full benefits is gradually increasing to age 67 for widows and widowers born January 2, 1940, or later.) Reduced widow or widower benefits can be received as early as age 60. If your surviving spouse is disabled, benefits can begin as early as age 50. For more information on widows, widowers and other survivors, visit Social Security Online: Widows, Widowers & Other Survivors: Qualify and Apply.

Your widow or widower can receive benefits at any age if she or he takes care of your child who is receiving Social Security benefits and younger than age 16 or disabled.

Your unmarried children who are under age 18 (or up to age 19 if they are attending elementary or secondary school full time) also can receive benefits. Your children can get benefits at any age if they were disabled before age 22 and remain disabled. Under certain circumstances, benefits also can be paid to your stepchildren, grandchildren, stepgrandchildren or adopted children.
Your dependent parents can receive benefits if they are age 62 or older. (For your parents to qualify as dependents, you would have had to *provide at least one-half of their support.)

 

[special mom]

Thank you so much! Boy, you are quick! I feel a lot better now Will that affect her efforts to collect the arrearages on her child support? Or would that only come into play if the father filed for a downward mod. Not likely since he skipped so long ago

 

[CourtClerk]

Thank you so much! Boy, you are quick!

Amazing what people will find on google if they spent the same amount of time it took to find this website.

I feel a lot better now Will that affect her efforts to collect the arrearages on her child support? Or would that only come into play if the father filed for a downward mod. Not likely since he skipped so long ago

None of that is relevant to a third party. That is her personal business. If she'd like to know, when she's feeling better she can post here.