Legal Question in Social Security Law in Virginia

social sercurity benefits

i am widowed and can not get ss till i retire. my daughter is incarcerated and i have temp custody of my 4 yr old grandson. can i get ss for him since i take care of him.

Asked on 8/21/08, 8:25 am

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: social sercurity benefits

Dear Widow:

Social Security is not available for your grandchild.

Generally, the biological parents of the child must be deceased or disabled, or the grandchild must be legally adopted by the grandparent.

In addition, the grandchild must have begun living with the grandparent before age 18 and received at least one half of his or her support from the grandparent for the year before the month the grandparent became entitled to retirement or disability insurance benefits, or died. Also, the natural parent(s) of the child must not be making regular contributions to his or her support.

Thus, in the circumstances you describe, you would not only need to be getting social security yourself but you would have adopted the child since the parents are not disabled or deceased.

Jerry Lutkenhaus

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Answered on 8/21/08, 9:13 am

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