Legal Question in Social Security Law in Illinois

If a legal guardian for two boys,pass away can the children be entited to her SSA ?

Asked on 10/02/11, 7:52 am

1 Answer from Attorneys

I believe the Act requires one more step: adoption. The most common situation is a grand parent that supports a grandchild. The following is from SSA's website:

Who can get child's benefits?

Your child can get benefits if he or she is your biological child, adopted child or dependent stepchild. (In some cases, your child also could be eligible for benefits on his or her grandparentsí earnings.)

To get benefits, a child must have:

A parent(s) who is disabled or retired and entitled to Social Security benefits; or

A parent who died after having worked long enough in a job where he or she paid Social Security taxes.

The child also must be:


Younger than age 18;

18-19 years old and a full-time student (no higher than grade 12); or 18 or older and disabled. (The disability must have started before age 22.)

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Answered on 10/02/11, 2:34 pm

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