Ask the Experts
By Carole Fleck
May 2008
The "Ask the Experts" column (originally published in the AARP Bulletin) offers answers to important topics of concern to older Americans. (Note: Recent news or changes in current laws may impact the information previously published in this column.)
| Q. |
My wife and I are both age 65. We have legal guardianship of our 15-year-old grandson, who lives with us. Does he qualify for Social Security benefits? |
| A. |
Your grandson may qualify for benefits under certain circumstances. The Social Security Administration will pay benefits to a grandchild when the grandparent retires, becomes disabled, or dies, as long as the child is not receiving benefits from a parent. Generally speaking, the child’s parents must be deceased or disabled, or the grandparents must have legally adopted the child.
Also, the child must have started living with the grandparents before the age of 18 and must have received at least one-half of his or her support from the grandparent for a year before the grandparent becomes eligible for retirement or disability benefits. More information on Social Security benefits and children is available online. |
| Q. |
My 56-year old wife had a nervous breakdown on her job due to stress and responsibilities. She is under psychiatric care and says she cannot go back to work or do any other job. Is she eligible for disability payments from Social Security? |
| A. |
It depends. Social Security has a very strict definition of disability. The agency considers you to be disabled only if:
• You cannot do work that you did before. • The agency decides that you cannot adjust to other work because of your medical condition. • Your disability has lasted or is expected to last for at least one year or to result in death.
Your wife can apply for disability benefits online. She also can call 1-800-772-1213 or she can visit her local Social Security office. To learn more about disability benefits, visit the Social Security Administration disability benefits page. |
| Q. |
I’ve been in default on a student loan since 1980. The Feds take my income tax return. When I retire in a few years, will the Feds be able to garnish my Social Security benefits to pay off the student loan? |
| A. |
Yes. The Debt Collection Act of 1996 allows Social Security benefits to be withheld and paid to another federal agency to pay a debt owed to that agency. |
—Compiled by Carole Fleck and answered by Stan Hinden.
Originally published in the April 2008 issue of AARP Bulletin.
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