Legal Question in Social Security Law in North Carolina

My son's biological father died in 2006. He had abandoned his son at 3 months old. His family just contacted us to tell us about the death (my son is 17 years old now). Can he collect any life insurance or social security benefits from his father? His father was married with another child at the time of death. Thank you for your help.

Asked on 10/01/12, 1:33 pm

1 Answer from Attorneys

Brent Adams Brent Adams & Associates NC Personal Injury Lawyers

This is a very interesting situation. Your son may qualify, depending on the variables below. Here is the law on surviving child benefits.

Children’s Survivor Benefits;

1. Must file application;

2. Parent must have been entitled to Retirement Insurance Benefits (RIB), Disability Insurance Benefits (DIB), or fully or currently insured at time of death;

3. Child Must be Dependent on the Number Holder (Here, this may be the problem);

4. Child Must be Unmarried;

5. Under age 18; or if age 18 or over; be

(a) disabled prior to age 22;

(b) full time elementary or secondary school student under age 19

If you have any questions about the benefits your son may be entitled to, please don't hesitate to contact us.

Vance Jennings, Attorney - Certified Specialist in Social Security Disability Law

Brent Adams & Associates


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Answered on 10/05/12, 9:05 am

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