M’s husband, who was fully insured for social security purposes, passed away, leaving her with the care of their mentally disabled son, C.

M enrolled C in a special school for half of the year. The other half of the year, C returned home and lived with his mother. C also came home whenever he felt homesick, and would stay with his mother until he felt okay to return to school. He always returned home to his mother for all vacations. During all these times, M cared for all of her son’s needs, emotionally, physically, financially, and in every other way.

M would also visit her son 3 or 4 times a year when he was away at school. She would stay with him for a few days or up to a week at a time. She gave the school instructions on her son’s education, such as what books 📚 📖 to read, as well as specific instructions on his medical care.

It was held that M’s son c was “in her care” for purposes of mother’s social security benefits based on her deceased husband’s earnings record. This was so even though C was physically separated from her for a large portion of the year.

See Social Security Ruling (SSR) 64-3.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.