Legal Question in Social Security Law in Pennsylvania

I have been caring for my grandson for 2 years, I'm planning to file for guardianship, as his father has not seen him for 2 years and his mother, my daughter, is involved in drugs and has been in and out of his life, but we have not heard from her for 3 months, is my grandson entitled to assistance as neither of his parents provide any support.

Asked on 2/02/15, 7:43 am

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

If either of his parents are collecting SS Disability he may qualify under their earnings.


§ 335:

A dependent grandchild or step-grandchild of the worker or spouse may qualify for benefits as a “child” if:

The grandchild's natural or adoptive parents are deceased or disabled:

At the time the worker became entitled to retirement or disability insurance benefits or died; or

At the beginning of the worker's period of disability which continued until the worker became entitled to disability or retirement insurance benefits or died; or

The grandchild was legally adopted by the worker's surviving spouse in an adoption decreed by a court of competent jurisdiction within the U.S. The grandchild's natural or adopting parent or stepparent must not have been living in the same household and making regular contributions to the child's support at the time the insured worker died.

Besides meeting the requirement in (A) or (B), the grandchild or step-grandchild must be dependent on the insured as described in § 336.

Contact your local SS office

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Answered on 2/02/15, 10:25 am

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