My son receives SS benefits stemming from his mother's death in 2012. I, the father, has to update information with the SS office and the representative told me that I was entitled to father's survivor benefits since I am the sole caregiver if NY son who is also disabled (autism). This information was never given to me in 2012 when I filled out the application for my son's SS benefits. I am now recently receiving the father's survivor SS benefits, however, I appealed and requested that under the circumstances that I should receive retroactive payments stemming from my son's mother's passing in 2012. Am I entitled to these retroactive payments considering that I was not advised, as the representative at SS acknowledged I should have been when I initially applied for my son's SS benefits? Thank you.

Hi,

The failure by Social Security to notify you of your potential eligibility for benefits in itself would not entitle you to claim retroactive benefits. However, if you could establish that Social Security misinformed you regarding your right to apply back in 2012, then it may be possible for you to be paid for past years of eligibility. For more information of what is required in order to establish misinformation, refer to Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204008.

Best, Jerry