Someone with some legal knowledge I need some advice please.

Question

If someones parents died when they were 15 do they only collect the social security until they're 18 or 21? My fiancee is approaching 18 now and hasn't seen a penny of his money since he's lived with his aunt and uncle but our question is, will he still receive the money after he's 18 or what?

Answer 1

Social Security is paid for orphans and children of totally disabled persons until they are 18 or up to the age of 19 if the child is still in high school past their 18th birthday.  The money is generally paid to the care-giver for the child and that care-giver is responsible to use the money for the child.  That does not mean that the care-giver has to hand the child money.  The money is used for food, clothing, housing expenses, transportation expenses, educational expenses, medical expenses, dental expenses, optometry expenses, day-care, baby-sitters, tutors, extra-curricular activities of the child etc.  You say your fiancee' hasn't seen a penny of the money, but if his needs have been provided for, then he has received benefit of the money.  Social Security for survivors benefits is not intended to be a trust fund or a savings account for the child, it is intended to provide for the basic needs of the child.

Answer 2

My parents died when I was 5 years old and my social security went to my grandparents until I turned 18. My ss income continued until I turned 22 (my birthday is in June) It continued because I was a full-time student until that age I was also able to collect Pell Grants and some other grants. If your friend will be turning 18 soon he should find out what the rules are before that time. He should make a list of all his questions because he may only have one chance to ask them.

If he can't get answers from ss office try Legal Aid in your area. Legal Aid is free in all areas if the agency wants money they are not a real legal aid.

Most important make a list of all your questions.

Answer 3

I would be asking the Aunt/Uncle for an accounting of where the money is or has been going. The answer is no. Once boytoy turns 18, he is an adult. IS he in school?

At one time, SSA did pay benefits to eligible college students, but the law changed in 1981. We now pay benefits only to students taking courses at grade 12 or below.

Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.

Answer 4

Assuming that his aunt and uncle are housing him, feeding him, clothing him, then he has seen the money. That is what the money is for.

http://www.ssa.gov/ww&os2.htm

Who is eligible for survivors benefits

Unmarried children under 18, or up to age 19 if they are attending high school full time. Under certain circumstances, benefits can be paid to stepchildren, grandchildren, or adopted children.

Not planning on getting married and living on that piddling income are you?

Answer 5

I don't really know his situation but I can tell you if his aunt and uncle have taken care of him since he was 18 he has seen alot of that money. Food, clothing, a roof over his head. I am sure the list goes on and on. Stay out of it, let him figure this out with his aunt and uncle. This is a family affair. If they don't talk with him about it then he should seek an attorney's help on what his parents estate left for him as far as college tuition, ect.