I've been told by a few different sources, that my kids should be able to receive benefits even if their deceased father did not have enough work history. I'm not understanding why they are being denied.
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Why are children being denied Social Security survivor benefits? When you first applied the SS should have given you a reason and if it was for insufficient work credits then that is the reason. There are certain rules with SS that apply to everyone.
Step 1
You do not give the age of your husband when he died or if he had been working and paying SS taxes out of his pay when he died so some of that may have relevance to your case.
Step 2
The SS rules do state the following: A parent has to work for about 10 years and earn 40 social security credits before their children are eligible for any survivor's benefits.
Step 3
But then it also states; The deceased parent must have earned at least six credits within three years of his death for his child to receive monthly survivors benefits. The child must be under age 18, or up to age 19 and still attending high school. Benefits end once the child reaches the maximum age unless she is disabled.
Step 4
So if your deceased husband worked (maybe even part time) during the 3 years before his death then your children may be eligible.
Step 5
The only thing that I could suggest at this time is to return to the SS office and ask for your case to be reviewed. If the answer is still the same (and your husband did work during the 3 years before his death, then you can ask to see what record they have of his earnings.
Step 6
If the records do not include all of his earnings then you may be able get the record corrected.
Step 7
If your husband did not work very much in the 3 years before his death then I do not believe your children will be eligible for benefits.
Step 8
Here is a link that explains about the 3 year rule. finance.zacks.com/
Only the SSA can tell you for sure so that is where you need to go and reapply. Their decision is final and most of the time there is no right of appealing their decision (unless the earnings are incorrect).
Be sure to ask for a written copy of their decision so you will be able to understand why you cannot get benefits.
This is a question to ask the SS office.
If your children are under the age of 18 it is possible they can receive Social Security survivor benefits as long as they are still attending school.
On the Social Security website they have 3 different PDF files that you can download and read. Each one of these documents explains the benefits and if your children are eligible or not.
This is the link to download the files. www.ssa.gov/
If you are still having problems I would try contacting a lawyer to see if they can help. He knows the law and the requirements for your children.
If your children are being denied maybe their father didn't pay into Social Security when he was working.
You can request to speak to a supervisor and they can explain all this to you. You might need the help of a lawyer to help you with this problem. It is hard to say why they are being denied when we don't have the full history about this problem.
Social security benefits.
You only get what he paid into it.
How much your family would receive in benefits depends on his average lifetime earnings.
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