My daughter receives Social Security benefits because her father died two years ago. She is 17, will turn 18 in December, and I am now being told that because she graduated high school in three years, she is no longer eligible for benefits. I thought benefits went on until she turned 18. I have not been able to sleep or eat for two days. The woman at SS told me that I may have to pay back for June, July and August. I have looked and looked and looked at the law, and I cannot find ANYWHERE where it says that if a child graduates from high school early and enters college, she cannot get her social security benefits. Everywhere, it says, under 18. Now there's all kinds of benefits for kids who stay in high school that extra year through the 18th year, but why am I being told that because my daughter is smart, she's being penalized. I cannot afford to pay the money back because I spent it on getting her ready for college and expenses this summer. Can I speak to a live person about this?
Survivor benefits until age 18
Yes, Social Security documents state that "Unmarried children under 18, or up to age 19 if they are attending high school full time," qualify for survivor benefits. Stopping at age 17 does not seem correct.
http://www.ssa.gov/ww&os2.htm
You'll need to contact the SSA directly for this. Either visit a local office, or call 1-800-772-1213 -- later in the week to avoid waiting.
You may also want to look into the appeals process :
http://www.ssa.gov/pubs/10041.html