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4 Bumps

SSI Death benefits from a Non-citizen????

Ok heres the story My father died about two weeks ago and he paid child support to my mom for my 15yo brother since they have been divorced. He has lived in the United Stated for 10 years (legally) , he worked and of course contributed to his Social Security account. He never became a citizen and is still considered a Legal Permanent Resident of the United States. The Question is: Can my mom apply for SSI death benefit for my brother or spouse death benefit? My brother is in process of getting his American Citizenship and my mom is an American Citizen Because my dad died, my mom lost $600 a month of support, which doesnt seem like much, but its about a third of her monthly income

 

Thank you to every one for reading

Btw I put it in p&ce because I didnt know where to put it

Answer Question
 
leksismommy

Asked by leksismommy at 11:48 PM on Feb. 22, 2011 in Politics & Current Events

Level 25 (22,485 Credits)
Answers (4)
  • First of all, my condolences to you for the loss of your father. Honestly I don't know but it would seem to me if he lived here legally, pd. his taxes, your mom & brother would be eligible. Sounds like you or your mom need to call or visit your SSI office.
    Kathy675

    Answer by Kathy675 at 11:57 PM on Feb. 22, 2011

  • I'm sorry to hear about your dad. Your mom may be able to collect on his social security, she'll have to check with her local office. I don't believe your brother can, at least not until he is an American citizen.
    Scuba

    Answer by Scuba at 12:01 AM on Feb. 23, 2011

  • I would have her try. The worst they can say is "no". Since money was coming out of his paycheck and going toward Social Security, your mom MAY be eligible. However, since they were divorced at the time of his death, they may deny the claim. I don't know, I'm not a lawyer, but that's my two cents worth.
    Oh, and best wishes to your brother. It's nice to see someone going about things the right way!
    brandyj

    Answer by brandyj at 12:05 AM on Feb. 23, 2011

  • Can she get spouse benefits? No, they were not legally married at the time of death.
    Can you brother get benefits? Possibly. Since he was not an American citizen, they may deny the claim.
    Good luck.
    xxlilmomma09

    Answer by xxlilmomma09 at 2:32 AM on Feb. 23, 2011

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