Parent’s benefits are designed to provide financial support for parents of deceased individuals who were fully insured.
These benefits can offer crucial assistance to parents who relied on their child for support. In this blog post, we’ll explore the various conditions that must be met to qualify for parent’s benefits and provide a clearer understanding of the eligibility requirements.
Eligibility Criteria: To be entitled to parent’s benefits on the earnings record of a deceased insured person, you must meet the following conditions:
- Relationship to the Insured: You must be related to the insured person as his or her parent, as described in § 404.374.
- Age Requirement: You must be at least 62 years old.
- Marital Status: You must not have married since the insured person died.
- Application: You must apply for the parent’s benefits.
- Old-age Benefit Comparison: You are not entitled to an old-age benefit equal to or larger than the parent’s benefit amount.
- Support Requirement: You must have been receiving at least one-half of your support from the insured at the time of their death or at the beginning of their period of disability, which continued up to their death. You must provide proof of this support within the specified timeframes.
Exceptions to the 2-Year Filing Requirement: There are two exceptions to the 2-year filing requirement for providing proof of support:
A. Good Cause: If there is a good cause for failure to provide proof of support within the 2-year period, your proof will be considered as though it were provided within the required timeframe. Good cause may include circumstances beyond your control, incorrect or incomplete information provided by the authorities, your efforts to obtain proof without realizing that you could submit it later, or unusual or unavoidable circumstances that prevented you from knowing the 2-year time limit.
B. Soldiers’ and Sailors’ Civil Relief Act of 1940: This act provides an extension for the filing time in certain cases.
Scenario: Meet Susan, a 65-year-old mother whose daughter, Anna, recently passed away. Anna was a fully insured individual and was Susan’s primary source of financial support. Susan has not remarried since Anna’s death and is not entitled to an old-age benefit equal to or larger than the parent’s benefit amount.
Eligibility Criteria Assessment: Let’s review the parent’s benefits eligibility criteria and see how they apply to Susan’s situation:
- Relationship to the Insured: Susan is Anna’s biological mother, meeting the requirement described in § 404.374.
- Age Requirement: Susan is 65 years old, which is above the minimum age requirement of 62 years.
- Marital Status: Susan has not married since Anna’s death, satisfying this condition.
- Application: Susan must apply for the parent’s benefits to be considered.
- Old-age Benefit Comparison: Susan is not entitled to an old-age benefit equal to or larger than the parent’s benefit amount, fulfilling this criterion.
- Support Requirement: Susan was receiving at least one-half of her support from Anna at the time of Anna’s death. Susan must provide proof of this support within 2 years of Anna’s death.
Application Process: Susan gathers the necessary documents to prove her relationship to Anna and the financial support she received. She then submits her application for parent’s benefits within the required timeframe. Given Susan’s circumstances, she meets all the eligibility criteria, and her application is likely to be approved.
Conclusion: Parent’s benefits offer valuable financial support for eligible parents who relied on their deceased child for assistance. By understanding the eligibility criteria and the requirements for providing proof of support, you can better navigate the application process and ensure that you receive the benefits you’re entitled to.
https://www.ssa.gov/OP_Home/cfr20/404/404-0370.htm
At Hugo Fierro & Michael Perez, we have the expertise to aid you in comprehending the intricacies of your Social Security disability claim.