In October, 1958 a claimant, M, applied for parent’s social security insurance benefits based on the earnings record of her son, A, with whom she had lived prior to his death.
A had provided in-kind support for his mother in the form of food, clothing and shelter. M lived with his wife and mother prior to his passing away. He provided his mother with the in-kind support for longer than a year prior to his passing.
During the time in which M lived with her son, the home had a rental value of $720 per year; the cost of food was $1,300; and the cost of utilities was $175. Thus, the household had total expenses of $2,195 for the year. M’s pro rata share of the household expenses for the year was $731.66. In addition, she had her own personal expenses (for medicine, life insurance, burial insurance) of $120.40. Her total amount of support for the year was $825.06.
M received old-age assistance in the amount of $383. The balance of her support ($469.06) was provided by her son.
A parent may receive parent’s social security insurance benefits on the earnings record of a deceased child if she received at least one-half support from the child for a period of time and meets all the other requirements.
The one-half support requirement is met if the child regularly contributes to the parent’s support for a reasonable period of time. It is generally held that one year or longer is a reasonable period of time.
The support may be cash or in-kind support. In-kind support may be in the form of food, clothing, shelter, ordinary medical expenses, and other ordinary and customary items of maintenance.
It was held that M had received one-half support from her son before he passed away and, because she met all the other requirements, was therefore entitled to parent’s social security insurance benefits.
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.
