Parent's Social Security Benefits and One-Half Support Test - Melvin
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Parent’s Social Security Benefits and One-Half Support Test

by Melvin Cook

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A social security claimant, Judy Jones, filed application for parent’s social security benefits based on her deceased son Ernie’s earnings record in October 1962. In order to qualify, she needed to show that at the time of Ernie’s death, he had been contributing at least one-half of her support.

Ernie had been contributing $20 per month to Judy’s support at the time of his death. However, she had also been receiving other income during the year in the amount of $516 in the form of wife’s benefits from her husband’s disability, as well as $25 from selling potatoes. Thus, her own income was far greater than the amount she received from her son.

But Judy argued that the entire household income should be pooled together and divided by the number of people in the household, 7, in determining her entitlement to parent’s benefits.

But even under the pooled income method of calculation, Ernie’s contribution to Judy’s support was still less than one-half. No matter how you sliced, Judy simply could not qualify for parent’s benefits.

See Social Security Ruling (SSR) 66-15c.

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.

Contact a Salt Lake City Attorney Committed to Protecting Your Rights

When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.

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