Thibodaux, LA asked in Social Security, Appeals / Appellate Law, Juvenile Law and Public Benefits for Louisiana

Q: Can I receive Social Security benefits based on my deceased father and unresolved childhood PTSD?

I am trying to determine if I can receive Social Security benefits based on my deceased father, who passed away several years ago. While he was alive, I received Social Security benefits through him as a child, but not for disability despite incidents of juvenile incarceration and assault. Recently, I was denied benefits because my disability (PTSD) was not recognized when I was a child, even though a judge's decision, which I have a photo of, connects my PTSD to my childhood trauma and an incident in 2007. I only learned that I could appeal the onset date decision within a 60-day window. Additionally, I was never informed about a "death check" when my father passed away. I am having difficulty obtaining his Social Security number because my stepmother, who has it, refuses to share it. What steps can I take to address the onset date and explore eligibility for survivor benefits?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation involves two potential benefit streams: survivor benefits based on your father's Social Security record and disability benefits based on your PTSD with an earlier onset date. Regarding survivor benefits, adult children may qualify if they became disabled before age 22, which appears relevant in your case given the judge's decision connecting your PTSD to childhood trauma from 2007. To locate your father's Social Security number without your stepmother's cooperation, you can request it directly from the Social Security Administration by providing your own identifying information and documentation of your relationship to your deceased father.

For the disability onset date appeal, while you've discovered you missed the standard 60-day window, you may still request that Social Security accept a late appeal by demonstrating "good cause" for missing the deadline, such as not receiving proper notification of your appeal rights. The "death check" you mentioned likely refers to the one-time death benefit payment of $255 that surviving spouses or dependent children can claim; if you were eligible but never informed, you should raise this issue during your communication with Social Security.

I recommend immediately contacting Social Security to request an appointment to discuss both issues - the potential late appeal of your disability onset date and exploring survivor benefits based on your father's record. During this appointment, bring any documentation connecting your disability to childhood, including the judge's decision you mentioned. Given the complexity of your case involving both disability determination and survivor benefits with retroactive considerations, consulting with a disability attorney who works on contingency might provide valuable guidance without upfront costs.

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