My ex passed away March 14th. We have 2 children together. My question is are they eligible to receive SSI benefits? One of the children is his biologically, but the other one was fathered by someone else.
My ex was the only dad he has ever known, he's even got his last name. I also have the paper they give you at the hospital, when a child is born for the father to sign, saying the child is theirs without a doubt. He signed that saying our son was his. I have several witnesses that can say he claimed him as being his son.
However, his name isn't on either birth certificate because a nurse at the hospital after the delivery, told me that if we added his name he would be responsible for the hospital bills. I knew we couldn't afford that so I left it as unknown. Will this matter?
By Tina T.09/12/2013
I applied for survivors benefits for my daughter when she was 6 months and was denied like 6 times. They said that she would need a paternity test. Her father is deceased, he died before she was born. They said that I would have to get a paternity test from someone in his family so I paid for a paternity test and his mother agreed to take it. It came back that she was the grandmother.
When I showed them the test, they approved it and she received 1300 in back pay and 223 a month for a year. When they approved me for it, I wanted to appeal the back pay because I didn't think it was right. I was down to the last appeal to see the judge. I went in the office to appeal it and they didn't give me the proper paper work so they end up letting my 90 days expire and said in the notes that I was ok with the backpay decision. I kept asking about the appeal and was basically told that no decision had been made and that they would contact me. So I called the toll free number to speak with someone and was told that the appeal had never been filed. So they put it in the notes for them to get in touch with me. I went the next day and told them I wanted to check on the appeal and the guy said they had to do some research on my case and they would get in touch with me but never did. The next week when I went up there, they said that they overpayed me and that she wasn't supposed to be getting the money because they couldn't used the DNA from his mother. Can they do that?
By Lelia Jo Cordell04/15/2011
My children received SS benefits because my hubby, their stepfather, received them. If he had passed away before they turned 18, they would've qualified for Survivors' Benefits until they turned 18.
As Deeli said, never EVER lie to the SSA! I'm not even crazy about the fact that you lied to the hospital about your child's parentage to escape paying the bill for the birth. I'm in no position to judge, though, of course: we were on Medicaid for each of the four I brought into this world. Putting my ex's name down as the biological father didn't negate Medicaid covering my stay.
Please do not lie to Social Security in any way shape or form as one person commented here to do! Lying to the government can get you into a heap of trouble including possibly being turned down for both children's benefits and possible fines and jail time!
The paper you have from the hospital that your husband signed stating he is the father and the fact that your ex helped raise that child and that the child has his last name means he was the father!
Please just visit your local SS office and take all of the documents you have and keep copies of them for yourself. Also keep copies of any forms you fill out and all correspondence from you to them or them to you.
By Debby Tangblade04/14/2011
I received Social Security checks for my daughter when her step father passed away, until she turned 18. They told me that if he had been claiming her on his Federal taxes; which they check; then she was eligible to receive benefits. Call the SS office or visit them and tell them.
As far as I know, all children born to a marriage are legally the children of the husband. I have read of men finding out they were not the biological fathers, but still had to support the children because they were married to the mothers when the child was born.
My 1st husband & I did this but did it legally through the county clerk. I had also not put any name on my sons BC. we went to clerks office & signed sworn affidavits that he was my son's father so we could legally change his last name cause my son was 5 years old. If you have a letter from him it may work but it may not since it is not notarized. Whatever you do, don't tell them he is not the father. Tell them you weren't seeing each other when the child was born & that he had written the paper & signed it in case he passed & you needed something. Tell them you didn't know it had to have any seal. I ended up not needing it 'cause when my husband passed the son that was not his was over 18 & not at home. Give it a try but as I said don't tell them...even if they deny it cause then they may think you're not being truthful about the other info. They never need o know. No testing was done when my husband did this & we were told nothing would ever happen unless his real father tried to claim him. They told me to just say I was seeing both of them then.
You won't get anything unless you apply and all these questions will be brought up and answered at that time. So no matter what we tell you, it won't matter, you still have to apply.
By Patricia Eldridge04/13/2011
This is a link to the Social Security site:
As far as I know SSI only goes to people with disabilities. When a child's father passes away they get survivors benefits from social security. You should contact the local social security office about this. Are these kids minors?
Here are questions related to Will My Child Receive SSI?.
My son's father recently passed away at 35 yrs. My son is 14 and his father was behind on his child support payments. Will my son be entitled to any benefits? We were never married, but his name is on the birth certificate.
By Carol Swanson12/26/2012
Don't hesitate to contact the Social Security Administration via their national toll free number! Their agents are there to answer your questions.
You may even want to make an appointment with a lawyer to see what recourse is available to you. The first visit is always free as far as I know.
Best of luck!
I'm 17 years old. My farther died when I was 3 years old and I'm not able to receive his benefits because he did not sign my birth certificate. He was in jail, so therefore the SSI said I can't receive his benefits. They said I needed his parents' signature; then they said I needed some kind of paper saying he is my father. The only paper I have saying he is my farther is an obituary; will that work or what can I do?
If your fathers DNA is not available you can still have a DNA test done if he has any living parents or siblings. The money will not go to you but rather to the caregiver you live with to help pay for the costs of housing you. I doubt it is retroactive however. I believe the rule is still intact that as long as you're going to school they (the caregiver) will receive the money until you turn 23 and continue living with them.
It is also possible that if your father was young enough and/or had been in jail a long time that he had never even paid enough into Social Security for any benefits to go into effect so weigh the cost of a DNA test, whether you will continue going to school after high school and the amount of money that might even be received by your caregiver before spending the money and effort for the test and further applications to Social Security.
My son is 2 years old and his father has just passed. What benefits can I receive for him?
By Kanequa B. from NC
By Lelia Jo Cordell05/25/2011
Kanaqua... my condolences on your loss. It's tough, especially with such a little one. However, I really don't think you mean SSI. That's Supplemental Security Income, which is based on your total household income. I don't know about your area or whether it's nationwide, but it was $900 for me. I didn't qualify. As everyone here has said, you need to talk to someone at Social Security. They can explain what your little fellow qualifies for and how to apply.
God bless you and your little one... JPJ
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Will my child whose father receives SSI or SSD receive monthly payments of her own?
Ruth from OH
By Carol in PA
By Nell's Mom
By Cindy S.
My ex-husband revives disability SSI and I found out that our daughter is eligible for benefits as well. He doesn't want that for her and says that he is going to call and have it stopped. So my question is, can he do that? Can he have those benefits taken away from her?
By Teresa from Dallas, GA
And while you're at it, if you were married to your ex for at least 10 years, you're entitled to collect Social Security money anytime from age 62 to 66 from income he made for last 30 yrs of highest income earnings! It doesn't hurt to know these things in advance. (By the way, it doesn't matter if at the time you collect, if he's dead or alive: although if he's dead, it's a lot more money, go figure!). It won't affect his collecting SS, but you're entitled to it, too. "Nice!" :D
However, if the jerk didn't earn that much and your amount turns out to be more, then you wouldn't bother with his. This applies to any husband you've been married to for 10 years, Social Security goes by the husband who made the most amount of money for you. Know their name, date and place of birth and SS # if you have it. Have copies of marriage and divorce for each one. (09/01/2010)
Like others, I encourage you to contact the Social Security Administration. You may also mention the SSI thing to your local child support office. Interestingly, my current husband named my children from my first marriage as his dependents. For a short time until they turned 18, each received a Social Security check in their own name. Wish I could say they'd saved it! (09/02/2010)
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