Legal Question in Social Security Law in Louisiana

Can a 17 year old still receive survivor benefits if he is emancipated?


Asked on 2/01/11, 4:35 pm

2 Answers from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

Yes but it will depend on the terms of the settlement.

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Answered on 2/03/11, 6:52 pm
Kathleen Flynn Kathleen M Flynn, LLC

YES. To get Child Insurance benefits (Survivor benefits) You must meet the following requirements with the first one applying to emancipation:

1.You are dependent on the insured

20 CFR ß404.361 When a natural child is dependent:

(a) Dependency of natural child. If you are the insured's natural child, as defined in 20 CFR ß404.355, you are considered dependent upon him or her, except as stated in paragraph (b) of this section.

(b) Dependency of natural child legally adopted by someone other than the insured. (1) Except as indicated in paragraph (b)(2) of this section, if you are legally adopted by someone other than the insured (your natural parent) during the insured's lifetime, you are considered dependent upon the insured only if the insured was either living with you or contributing to your support at one of the following times:

(i) When you applied;

(ii) When the insured died; or

(iii) If the insured had a period of disability that lasted until he or she became entitled to disability or old-age benefits or died, at the beginning of the period of disability or at the time he or she became entitled to disability or old-age benefits.

(2) You are considered dependent upon the insured (your natural parent) if:

(i) You were adopted by someone other than the insured after you applied for child's benefits; or

(ii) The insured had a period of disability that lasted until he or she became entitled to old-age or disability benefits or died, and you are adopted by someone other than the insured after the beginning of that period of disability

AND

2.You are the insuredís natural child by meeting any of the following conditions:

a.Under the state law where the insured had his permanent residence when he/she died, you could inherit a childís share of the insuredís personal property if he/she were to die without a will OR

b.Your mother or father had a ceremony, which would have resulted in a valid marriage between them except for a legal impediment OR

c.Your mother or father did not marry the insured, but the insured acknowledged in writing that you are his/ her child OR

d.A court has decreed that the insured is your father or mother or a court ordered that your mother or father contribute to your support because you are his/her child. The acknowledgment, court decree, or court order must have been made or issued before the insuredís death OR

e.Your mother or father has not married the insured but you have evidence, other than above, to show that the insured is your natural father or mother. Additionally, you must have evidence to show that the insured was either living with you or contributing to your support when the insured died.

AND

3.You are unmarried

AND

4.You are under age 18 OR

5.You are 18 years or older and qualify for benefits as a full-time student in grade 12 or below as described in 20 CFR 404.367.

Kathleen Flynn

www.kathleenflynnlaw.com

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Answered on 2/05/11, 5:24 pm


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