I am living in public housing, my ex husband passed away 6 weeks ago, coming to find out that my children are entitled to my husbands death benefit. Two of my children are working and 1 is still in school. The problem is that when I was notified that my kids were entitled to his death benefit, which causes a problem in my living situation at public housing because I am over income. I don't want to have to tell my kids they have to give up there jobs that they went through and college to receive a degree in career in what they want to do. So what I am asking is that where the death benefits are impacting my living situation, is it possible to refuse the death benefit, because I need a roof over my head and I am not able to afford any other type of rent on the outside.

Hi,

You aren't required to apply for Social Security benefits, but I don't know whether or not refusing to do so might still affect your eligibility for public housing. Some public assistance programs require recipients to apply for any benefits that they qualify for as a condition for eligibility, but I don't know whether or not that's true of your housing program. For example, Social Security administers a needs based benefit called Supplemental Security Income (SSI), and as a condition for eligibility for SSI benefits a person must file for any Social Security or other benefits for which they qualify.

My expertise is limited to Social Security benefits, though, and as far as Social Security is concerned you wouldn't be required to apply for benefits if you choose not to.

Best, Jerry