Social Security Benefits for Child of Deceased Parent Who Never Worked?

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“I am trying to find help for my son. His father passed away 4 days before he was born. He was killed in a motorcycle accident. He was only 18 and never worked. Social security says i can not get money because he never worked. I need to find some help out there. PLEASE HELP.”

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Your son may have a claim against the estate in probate. If there was already a support order in place, that would survive the death of the father, though that would be against the estate which I am guessing has little or nothing. Had the father been fully insured under the Social Security Act, your son would be entitled to benefit even as a posthumous child. I was not able to find benefits through social security under the circumstances you describe, though an attorney who specializes in child advocacy may be able to give you better answers. Through the Deparment of Health and Human Services, Office of Family Assistance, you may be eligible for Temporary Assistance for Needy Families (TANF). Medicaid? Food Stamps? Contact your local welfare office to see what your son might be legally entitled to under law through either the federal government or the state. I wish I had better answers.



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Author: House Attorney

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