Legal Question in Social Security Law in New York

My husband entered the united states in 1973. He had a social security # but he never had legal residency. He passed away in 2009. I just applied for medicaid. They want me to apply for survivor benefits for myself and my 14 year old son. I dont know what to do


Asked on 7/20/10, 6:49 am

1 Answer from Attorneys

Brian Mittman Markhoff & Mittman, PC

I am sorry to hear about the passing of your husband. While more specifics would be needed the rules for Social Security are basically as follows;

Green card holders are eligible for social security benefits. And as long as you are eligible to collect social security benefits, by way of permanent residency, green card or American citizenship, you should be able to collect survivor�s benefits as well. You should definitely apply and assuming your eligible, you will be able to receive the benefits. It definitely doesnt hurt to apply under these circumstances. Good luck!

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Answered on 7/20/10, 10:48 am


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