If both of my parents died and I’m a minor, can I get any of their Social Security?

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If both of my parents died and I’m a minor, can I get any of their Social Security?

My mom died a long time ago and my dad moved in with my uncle. My aunt, uncle, and father abused me. When I was 14 I told a teacher and DSS transferred custody to my cousin. My dad died when I was 16, and I’ll be 18 in about 6 months. I was wondering if I can draw their social security money or can I get money from them being dead? I really need it for college.

Asked on August 24, 2012 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have been through a lot in your short life and you should be very proud that you have come so far and are looking toward college and a better futire.  Now, I do not know what has happened with support in the past when you were placed with your cousin.  Minors of deceased parents can indeed collect Social Security if your parent would have been entitled to them or they worked long enough to pay in to social security (social security taxes).  Now, here is the thing: benefits generally end when you turn 18.  What you need to find out is if you can apply for Child Survivor Benefits now - before you are 18 and ask for retroactive benefits. I believe that you can receive them for one year prior and that is all under the law but the social security benefit office will know.  But again, please go down NOW before you are 18.  Here is a link to read.  Good luck.

http://www.ssa.gov/pubs/10085.html


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