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Eligibility for Social Security Survivor Benefits?

I was adopted out when I was 2 years old. My biological mother was always a part of my life. I stayed with her in the hospital until she died. Social Security office contacted my mom to sign me up for benefits so my mom took my adoption papers down to SS office and they later called and said I could not draw benefits. Is this true? There are 3 other kids and they all got benefits even the youngest and she had no rights to him. Can you please help me?

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By Amanda

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May 5, 20140 found this helpful

We don't know as much as the Social Security Office knows. They are the ones that would know the right answer. Were the other kids adopted out, like you were? If your late mother raised the other kids they would have rights to the Survivor's Benefits. Being your mother gave up her rights to you in what must have been an open adoption, you weren't raised by her, even though she did remain in contact with you.

 

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May 13, 20140 found this helpful

If you were legally adopted, your biological mother signed away her legal rights to you, and you lost your rights to her benefits. Should your adoptive parents die, and both the deceased parent and yourself meet the qualifications, you would be able to get benefits from them.

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If your biological mother signed away her legal rights to another child, and that child is claiming benefits from her, he is doing so illegally. If caught, benefits will have to be paid back, and the person filing can be charged for fraud (fine and jail time).

 

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