My dad applied for benefits at 62 and was denied because they said he wasn't a citizen after working for years pay ss and serving in Vietnam he had to hire an immigration attorney and prove his citizenship to then get approval at age 69 for his benefits and then died a month or so later. The attorney said my mom should be able to collect on his back pay but just got a denial letter. Is she able to appeal the letter and is she eligible to collect his back pay in which they should have been receiving for years?

Hi,

I don't have enough information about your parents' case to properly answer your question. Benefits awarded, but not paid, to a deceased person are normally considered as an underpayment. There is a legal priority order for payment of an underpayment. For more information, refer to the Social Security handbook: https://www.ssa.gov/OP_Home/handbook/handbook.19/handbook-1902.html.

Most formal disallowances issued by Social Security carry appeal rights, so your mother's denial letter should explain if and how she can file a request for appeal (https://www.ssa.gov/pubs/EN-05-10041.pdf).

Best, Jerry