If both parents be pass away shoulded the oldest child be able to file. Why the money the parentsmaid go to the family it's not right the government gets it family's could use it for bills left behind by them

Hi,

I assume what you're suggesting is that if both of a person's parents die before collecting their Social Security benefits, their oldest child should be able to collect the Social Security taxes that their parents paid. All I can tell you is that Social Security doesn't work that way. Social Security was passed into law by congress in 1935 as a social insurance program, not as an individual retirement account. Therefore, there is no guarantee that by paying Social Security taxes, either the person paying the taxes or their heirs will ever be able to collect benefits based on those taxes.

The only way that a child can collect Social Security benefits based on the Social Security taxes paid by their parents is if the child is eligible for child's benefits. Social Security child's benefits can potentially be paid to children who are either a) under age 18, or b) age 18 to 19 and attending high school, or c) disabled based on an impairment that became disabling prior to age 22 (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0410.html).

Best, Jerry