QUESTION: My parents are deceased and I'm in the system. Do I have a right to any money?
ANSWER: You have the right to have Social Security survivor's benefits, according to Michael O'Connor of the Center for Law and Human Services in Chicago.
Survivor's benefits are payments made by the Social Security Administration to the children of a deceased parent who has worked and paid into Social Security. To receive these benefits you have to be under 18, unmarried, and the natural,adopted, or stepchild of the parent. The amount paid to the children depends on the average lifetime earnings of the deceased parent. Generally, the higher the earnings of the person who has died, the higher the amount paid in survivor's benefits to the family members. Children are entitled to receive 75% of the deceased's Social Security benefit.
Survivor's benefits are used to cover the needs of youth while in foster care. Any amount that is not used should be put in a trust (bank account) by the youth's agency. There is no limit on how much money can be put in the trust. When the youth leaves the foster care system, he or she should receive the money held in the trust .
If you think you might be entitled to receive survivor's benefits, contact the Social Security Administration at 1-800-772-1213. You can speak to a service representative between the hours of 7 a.m. and 7 p.m., Monday through Friday.
QUESTION: I live in the system. Can I get SSI?
ANSWER: SSI stands for Supplemental Security Income. It's a program run by Social Security. It pays monthly checks to "disabled people" of any age who are U.S. citizens or who are in the U.S. legally and who are below a certain income level. Youth who are blind and deaf, or who have HIV infection, cerebral palsy, Down Syndrome, muscular dystrophy, or another physical or mental disability may be able to receive SSI.
If you are in the foster care system, you probably cannot get SSI, according to Michael O'Connor at the Center for Law and Human Services in Chicago. Foster care payments are supposed to cover the basic needs of youth in foster care, so you should not need SSI benefits to cover those needs.
If SSI benefits are higher than foster care monthly payments, then you may be entitled to the difference of the money. For example, the average monthly SSI check in New York is $712 and if your foster parent or group home receives $570 per month to take care of you, then the difference of the money should be put in a trust (bank account) and then you can receive it after you leave the system. The amount in the trust cannot go above $2,000.
If you think you might be entitled to receive SSI, contact the Social Security Administration at 1-800-772-1213. You can speak to a service representative between the hours of 7 a.m. and 7 p.m., Monday through Friday.
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org
01/31/2008