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    HannahT's Avatar
    HannahT Posts: 2, Reputation: 1
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    #1

    May 25, 2013, 04:45 PM
    Can my dependent draw from my social security
    My nice signed custody of my great nephew over to me when he was around 6 months old. We never went to court. He is now 13 years old. Her other three children are going to get a check because she is now disabled. She informed me ,the Social Sercurity office says he will not, because he lives with me I have always been his only source of financial support. I've never asked for or received child support. I have no other children. It is just me and him. Does this mean, he can draw off my social sercurity if I die or become disabled?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #2

    May 25, 2013, 04:53 PM
    Because you say she signed custody to you without a court order, which doesn't sound right, and SS won't give him benefits while with you, she and you are going to have to ask SS. It doesn't sound like it is really the case. It isn't easy these days to call SS, so ask the town social worker. You don't have any documents from 13 years ago?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #3

    May 25, 2013, 07:27 PM
    I will agree, she can not just "sign custody to you" you have to go to court and get it signed by a judge. So it sounds like you do not legally have any custody at all. If there was never a court order, then NO, you have no legal rights to this cihld at all. In fact mother could come and take child if she wanted.

    Also if this is the case, the child can draw from mother, sounds like mother, perhaps mother already filed using this child and is getting the money for child, herself.
    HannahT's Avatar
    HannahT Posts: 2, Reputation: 1
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    #4

    May 27, 2013, 06:06 PM
    Years ago I hired a lawyer who drew up the papers and she signed them. We didn't go to court. I'm not sure if I am his legal guardian or not. I know I make all his school decisions all his medical decisions. I keep a copy of the papers we filled out. If he has to see a new doctor or any thing, I have to have them. Also all the papers I have to fill out school, medical and what have you are based on my income. Which is why I am trying to find out if he is going to be able to draw off my social security if something happened to me. Are they going to base it on her or me? Or is he not going to have the same rights as other kids? A few years ago, another one of my family members who was raised by her grandparents was trying to get financial aid for college. They wouldn't let her use her grandparents income to base it on, and her mother wouldn't sign the papers for them. I file taxes on him and I hope if something happened to me it would be based on mine. But I've had some tell me it won't in which case If not mine than I want him on hers. But now I'm thinking maybe I should check to make sure she's not already getting something that belongs to him.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #5

    May 28, 2013, 02:26 AM
    Are you able to get to a local SS office?
    Calling them these days is hopeless, I've found. I can't even call my local office anymore.
    Bring your papers and his SS number, and ask all this.
    If not, contact a lawyer.
    Also keep in mind that once he is 18 he won't be eligible in any case. Do you have medical problems that make you worried that you will be disabled before then?

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