My son has recently died & he always had trouble keeping a job. He did work on & off over the past 10 years but never for more than a month or two at a time. He applied for SSD but was denied. He had one son, who he gave me guardianship. My son was never married & the mother gave my son, all physical rights up for my grandson.

My son went to court & the judge signed all necessary papers with orders that she could file for joint custody and/or visiting rights IF she has proof that she went for the treatment for her that he(Judge) ordered for her to do.
She has not contacted us at all concerning her son--- no cards; no calls; no visits at all. He is 12.
My son had power of atty papers drawn up with a Will & Testament papers too. The atty who filed the papers said all is in order & if ever I need anything just contact her.
For the whole 9 years that my son had full custody of him; He & my grandson lived with me, I took care of him just like I did for my own.

My question is: Should I file for SSI even if my son never kept a job longer than 2 months? Is there any chance that my grandson's mother could gain custody of my grandson---even if he wants to continue to stay with me.
(over the years we always told my grandson if ever he wanted to talk or see his mother or brother & sister, we would try & make arrangements for them to get together. (my son tried calling her once, about a yr. ago & she refused to talk to my son or grandson)

I'm sorry this is so long & I hope it isn't too confusing. I'd appreciate any information anyone might have. Thank you.

It actually wouldn't be SSI.

He maybe had enough work credits, he maybe didn't. Call your local SS office to set up an appointment.

You would file for survivor benefits for your grandson. If his mother received custody, she would receive the monthly benefit. There are restrictions on what the money can be spent on and SS makes you fill out a form accounting for the money spent.

If your grandson has a disability himself, he might be able to qualify for SSI, but this doesn't seem to be what you're asking about.

thank you lit love;
ok I called our local office & my appt. is next week. She told me what papers i need (which incuded my son's "last will & testament" & his death cert. & a couple of other things). So I guess I'll have to just wait & see what happens......

If you don't have legal guardianship you should probably get a court appointment. That way it would be really hard for the mother to ever gain custody even if she went to court. Also, as the child gets older, the courts consider their desires as well. But no one can guarantee what a court might do.

If there are any survivor benefits, a legal guardian is the first payee choice, a relative with custody is also high on the list of preferred payees. A parent who does not show interest is not considered a preferred payee and should not be selected.

Wouldn't guardianship from my son's Will & Testament be the same as Legal guardianship; since this was drawn up by an atty & notorized?

I believe that those were simply your son's wishes, but a family court judge would need to approve it. The boy's mother will likely need to be served notice as well.

I would be tempted to wait before filing for SS benefits until this has been resolved. It's not uncommon for deadbeats to push for custody rights when there's a monetary incentive. You could still find out if your son even has enough credits at your scheduled appointment. I'm not sure once SS is alerted that you can delay things or not?

Hopefully Janke will pop back in and can advise you.