Survivors Benefits for a Stepchild

[Mom2One]

My spouse died recently and I applied for survivors benefits for my minor daughter (his stepchild). All requirements were met except the one-half support, which was only off by less than $1000 (due to child support). We really need my deceased husband's benefits to survive in this economy and there are no other minor children involved.

Would it do me any good to appeal and/or try to get legal help with this matter?

Thank you in advance.

[jk]

I would suggest it may help to obtain an attorney in this, one that specializes in SS claims. You may have not calculated the support provided by either you or the step-father properly which might result in a different result.

[Dogmatique]

This is admittedly a somewhat new area for me so please bear with me.

So in effect, you'd be getting child support AND dependent benefits for your daughter? One from her father, the other from her stepfather?

[Mom2One]

Thank you for your answer jk.

The support was calculated at SS, by the nice woman who did my intake so the numbers appear to be correctly calculated.

I have been doing research online and although I haven't yet seen a case with the same elements as mine, I have come across other cases where people have appealed and judges have granted favorable decisions.


Dogmatique, thank you for your input as well.

Yes, if my case is appealed and granted favorably, I would get child support and benefits for my daughter. Apparently it would be so now if my husband has passed the 1/2 support test. (If my husband had accrued another several hundred dollars of income in 2011 or if my daughter's father had paid several hundred dollars less in child support in 2011.)

My husband was ill before he died and medical bills are coming in daily. My savings have been all but depleted. Getting my husband's benefits will make a difference between my child and I being able to remain in our present living conditions versus a situation I don't even want to think about.

Thank you both again.

[Mom2One]

Edited to add:

My apologies.

That should have been: "Apparently it would be so now if my husband HAD passed the 1/2 support test."