“In May 2018 I met Krzysztof, who had come back from the USA. We fell in love, and our life together was wonderful, though very short. In December of that same year Krzyś was killed in a car accident. I was two months pregnant. He knew about it and had even managed to share the news with his family.
Our daughter was born in July 2019. I called the Social Security Administration in the States and spoke through an interpreter. I was told that in Poland a child has no chance of getting benefits. I receive no help at all for my daughter. I know that Krzysztof has two children in the USA from a previous marriage who receive benefits after their late father, but not my daughter, because she lives in Poland. Krzysztof had a green card and worked legally, he paid taxes, but I have no way of getting hold of those documents and trying to do anything about it. I don’t speak English, which also makes handling things very difficult.
Please help me. Advise me what to do. This is about my child’s future. I cannot accept that my little girl in Poland is not entitled to anything, even though his children in the States receive social assistance. Best regards, and please help.”
Good News
Either the SSA gave you incorrect information, or the interpreter mistranslated something, because the minor daughter of a deceased American worker is entitled to child’s survivors benefits even though she lives in Poland. Nor is the lack of information about the child’s father’s earnings history a problem. It is certain that he was fully insured under Social Security in the States, because his children in the US received survivors benefits. The work history of the child’s father is recorded in the SSA’s records; you do not have to document it. The lack of his Social Security number is not a problem either, because the SSA will identify him based on his name and date of birth.
How It Was, How It Is
How it was: Before March 1, 2009, family members of insured workers who were not US citizens were entitled to receive family benefits in Poland only if they had previously lived in the US for at least 5 years while in the relationship that entitled them to those benefits. They could collect family benefits in Poland, but they lost that right after six months. To regain it, they had to return to the US for at least a month. These rules still apply to citizens of other countries, but not of Poland.
How it is: Since the totalization agreement took effect, these two requirements have been abolished for Poles. This means that eligible people in Poland can receive Social Security family benefits on the same terms as Americans, regardless of the fact that they live in Poland, have never been to the States or have no Social Security number.
Why Doesn’t the SSA Know?
Years ago your daughter in Poland would not have received benefits, but that changed on March 1, 2009, when the Polish-American social security agreement took effect. You can read about it in the book “Emerytura reemigranta w Polsce” (“A Returning Emigrant’s Pension in Poland”).
The question arises why some Social Security Administration employees do not know about the Polish-American agreement, which has been in force since 2009, and give out incorrect information. Perhaps because out of the 193 countries recognized by the United Nations, only 31 have bilateral social security agreements (totalization agreements) with the United States, and each of them may differ in its details. Under the Polish-American agreement, the child of an insured American worker will receive benefits regardless of whether he or she lives in the States or in Poland.
When a Child Gets Social Security Benefits
The child of a retired, disabled or deceased (properly insured) worker is entitled to Social Security family benefits if he or she meets the following requirements:
- is unmarried; and
- is under 18, or under 19 if attending school full time (but not college).
Benefits are also payable to a child over 19 who is disabled, if the disability began before age 22.
Social Security benefits for a minor child are applied for and received by the child’s legal guardian. Importantly, neither the child’s place of residence nor his or her US immigration status matters now. A child living in Poland or in the States is treated the same way.
I write more about family benefits in the book “Ubezpieczenie Społeczne Social Security” (“Social Security”).
How to Apply for Benefits?
Ms. Irena does not need to obtain any documents from the US, neither tax nor earnings records. The father’s Social Security number is enough, and if you do not have it – just his first and last name and date and place of birth, and the SSA will find Mr. Krzysztof’s data in its databases. You do, however, have to document the child’s identity and paternity – usually your daughter’s birth certificate is enough for this, and if the father is not listed on it, a document establishing paternity (e.g., an acknowledgment of paternity or a court ruling).
Benefits are awarded by the Social Security Administration, and you can file the application through the Federal Benefits Unit at the US Embassy in Warsaw (ul. Piękna 12, 00-539 Warszawa, e-mail: [email protected]) or at the US Consulate General in Kraków (ul. Stolarska 9, 31-043 Kraków, e-mail: [email protected]). Current contact details are listed at www.ssa.gov/foreign/iclaim.htm. I suggest that you e-mail the Federal Benefits Unit and ask about your specific situation.
How Much Will the Benefits Be?
The amount of family benefits depends on the deceased person’s earnings. The more Social Security taxes the worker paid, the higher the family benefits. Your daughter’s benefits will be reduced by the US non-resident tax – for people without US citizenship and without a green card – which is 25.5%. Because your daughter is a Polish tax resident, the US benefit must also be reported in Poland: on the PIT-36 (Polish annual tax return) with the PIT/ZG attachment (the foreign income schedule), with a credit for the tax paid in the US.
I advise you to apply for your child’s benefits as soon as possible, because you will not receive back payments for past years.
Updated October 2026.
