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Paternity and Survivor's Benefits?

Will my daughter get survivors benefits even if her dad told Social Security he doesn't have any kids under 18 when he really does? I have court documents establishing paternity where he swore before the courts that he is her father.

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By Brenda from Sacramento, CA

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October 8, 20140 found this helpful

I would say that you should go to your local SS office with all documents and see what they tell you. They will probably let you start a case for benefits so you will have a begin date. This is very important because this will establish a date that benefits (if and when approved) will start. This is the only way to receive back benefits if you win the case.

The SS office may disapprove this so be prepared to seek an attorney (one who specializes in SS benefits) even if you have to pay them a "share" of the amount you would receive for back payment.

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This is common practice for this type of case but some attorneys will have a "set" amount they will accept. Seek whichever is best for you but this may be your best route to take.

Just be sure to make your appeal within the time set in any letters from the SS office.

 

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