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Benefits for Stepchildren of the Disa...

Social-Security-Disability-Forum » Benefits for Stepchildren of the Disabled and Retired  

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JESSICAE
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Posted on Friday, July 23, 2004 - 12:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a unique question. A married couple splits. The father has been declared mentally unstable. Therefore, mother collects SSI ($600/monthly) on 11 year old child. Before child turns 11 mother gets drunk and makes confession TO THE CHILD (as well as assorted friends and family)that father is not actually real father. Obviously there are alot more problems here (as they are being dealt with) but legally can mother still collect the money for child from SSI? (P.S. - Mother has already taken it upon herself to brief 11 year old on real father who happens to live down the street!)
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Paul McChesney (Admin)
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Post Number: 871
Registered: 5-2004

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Posted on Sunday, November 14, 2004 - 12:54 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

First, the only way a child can get SSI is to himself be disabled. So I assume that you mean that the child is drawing Child's Social Security benefits on the assumed father's record.

If that is so, and the assumed father raised the child, and provided more than half of the child's support, then the child is his stepchild, and a stepchild who receives more than half of his support from the stepparent is entitled to a child's check when the stepparent becomes disabled.

If not, or if there is an argument not, you have a mess and mom better get to an attorney.
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Lynn Holland

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Posted on Saturday, October 06, 2001 - 10:09 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am married and my ex-husband has applied for welfare, I have applied for SSI as well and must file a new claim. My question is, are my husband's step-children entitled to a check (they are my children.)
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Paul Miranda (Jpm)
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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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