Martin on Social Security

Part 2 – Topics

Entitlement as Parent of the Insured

§ I 000. Entitlement as Parent of the Insured – In General

Benefits are available to the dependent parents (age 62 and over) of a deceased worker.  Financial dependence on the deceased worker must be established; it is not presumed as in the case of most surviving children and spouses.

There are no equivalent benefits for dependent parents of retired or disabled workers.

[Supporting and Elaborating References] [Related Sections: Part 1 - Part 2]

§ I 100. Entitlement as Parent of the Insured – Determining Status as Parent

For parents the Act refers only to the law “applied in determining the devolution of intestate person property by the courts of the [relevant] State.”  Although distinctions may arise in other legal settings, “applicants who according to such law would have the same status relative to taking intestate personal property as a ... parent shall be deemed such.”

[Supporting and Elaborating References] [Related Sections: Part 1 - Part 2]

§ I 200. Entitlement as Parent of the Insured – Parent’s Dependency Upon the Insured

To meet the parent’s dependency test an individual must have been receiving 1/2 his or her support from the insured child at the time of the child’s death.  If the child’s death is preceded by a period of disability, the support test is applied at the beginning of that period.

[Supporting and Elaborating References] [Related Sections: Part 1 - Part 2]