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Entitlement and Termination Requireme...

Social-Security-Disability-Forum » Benefits For a Child of a Disabled Person » Entitlement and Termination Requirements for Stepchildren « Previous Next »

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Paul Miranda (Jpm)
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Username: Jpm

Post Number: 1
Registered: 3-2006

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Posted on Tuesday, March 28, 2006 - 8:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)
My spouse is disabled and has been receiving social security beneifts since 1997. I have a child from a previous relationship. And my son who lived with us has been receiving family max benefits, due to my husband receiving social security. My son recently moved in with his biological father and will not be returning to our house, he will be 18 years old in 10 months. My husband and I have a 3 year old daughter & she should be receiving the full family max benefits but social security security will not stop my sons benefits. Social Security is holding the funds. Social Security said they will only instate full benefits to our daughter, if my husband (insured) and I divorce. They said although he is a step child he is still entitled and his biological father should sign up as his payee so he can get his entitlement off of his step fathers benefits. Does this sound right? Why can my son's biological father be able to receive benefits for his own child from his son's step father. I can not find any reference as to how a step childs benefits terminate if the child is no longer living with his parent who is married to the insured. I've read some info on the SSA site,
but nothing that pertains to our situation. The legislation is: Contract with America Advancement Act of 1996 This does not make any since. He is no longer living with me and my spouse. And he is not adopted.

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