Recent Settlement of Lost Survivor's Benefits

In representing foster youth that have aged-out of care, I am often presented with situations wherein the client has lost vested benefits because of a lack of advocacy by the case managers and other providers assigned to the child’s case. Most recently, I received a referral for a client that aged-out of care without his identifying documents and without federal benefits in place. In the process of trying to secure his Social Security card and apply for SSI (Social Security Income - a federal benefit for which my client would likely qualify), I realized that no one had applied for Survivor’s, or death benefits, following the death of my client’s father in 2007. Due to the lapse in time, my client missed the 2-year deadline to receive the $ 255 lump sum benefit. He also did not receive 22 months of Survivor’s benefits, a vested and accrued right, since social security will only award benefits retroactive 6 months. After submitting a Demand Letter, the case management agency has agreed to settle the matter for almost all the lost benefits, over $ 8,000.00. This money will make a big difference in assisting my client transition into adulthood.