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Old 10-23-2012, 01:09 PM
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Question regarding Social Security/disability to children after death.

First and foremost, that is a horrid title. Sorry about that. Second, we live in South Carolina, if that affect anything.

I live with my mom and my brother. When my dad was alive, he injured his back and qualified for disability/SS. When he passed, checks still came into the mail with my mom's name and "for MYNAME/BROTHERS NAME".

I'm old enough to where no more checks come in, but my brother is still young enough. He's also a scumbag (this is an understatement) and is trying to use that check as leverage against my mother so he doesn't get kicked out, phone turned off, ect (it's seriously the only reason he is living in our house at all, at this point). Even with me working two jobs, that check is what's keeping us afloat right now.

If he was kicked out, the disability check would stop coming in, correct?
If my brother wanted to cancel the disability checks to come in, what all would he have to do to do this?

Either way, the checks will stop coming in on his birthday in a few months, and he will be kicked out on that day. We just really would like to know our options before hand.



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Old 10-23-2012, 03:59 PM
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“I live with my mom and my brother. When my dad was alive, he injured his back and qualified for disability/SS. When he passed, checks still came into the mail with my mom's name and "for MYNAME/BROTHERS NAME".”------->When a person receiving regular Social Security Disability or regular Social Security benefits passes away, the surviving spouse, if over the age of 60, is eligible to receive their spouse’s benefits. If the surviving spouse is disabled, the eligibility age to receive Widow/Widower Benefits is lowered to age 50. So, when a worker who has paid into Social Security dies, their family members are eligible to collect their Social Security benefits, including surviving children. How much a surviving child can collect in Social Security depends on the worker's average lifetime savings. To receive benefits, the child must be unmarried and be:under age 18; or18-19 years old and a full-time student (no higher than grade 12); or18 or older and have a disability that started before age 22




“If he was kicked out, the disability check would stop coming in, correct? “------>I don’t think so; under Social Security Regulations (20 CFR 404.352), the entitlement to child’s benefits may end for any of the following reasons. You turn 18 years old and are not disabled or a full-time student; You turn 19 and are not disabled. If you have not yet gotten your diploma or certificate, benefits can be paid until the last month of the semester or quarter in which you turned 19
“If my brother wanted to cancel the disability checks to come in, what all would he have to do to do this?”- I guess for more accurate info on the issue, you need to contact SSA; Frequently Asked Questions



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