Eligibility for Social Security Survivor Benefits?

My daughter's dad and I were together for 7 years. He passed away and we weren't married. I never had a DNA test nor asked him for child support because we'd been together, never separated since we had her. He's on her birth certificate and Social Security says that's not proof he's her dad! Is there any other proof I can provide? I claimed her every year for taxes. I'm at a loss here. I never thought I would have to do this.

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Judy
Gold Post Medal for All Time! 677 Posts

September 27, 20170 found this helpful

I would contact the Legal Aid Society. They have free lawyers and Im sure someone would be able to help you.

attosa
Diamond Post Medal for All Time! 1,246 Posts

September 27, 20170 found this helpful

Yes, they do usually require you to provide documents that prove identity and relation to the deceased, otherwise everyone could claim left and right. I'm sorry you're going through this. I'd have a case opened if I were you. Call 1-800-772-1213

cybergrannie
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September 28, 20170 found this helpful

Having your daughter's dads name on her birth certificate is a good start but not enough for SSA.

Are you presently or have you been on/in any of the government entitlement programs (food stamps, Medicaid, etc) as this is something that may be checked.

If you are or were on/in any of these programs they may check to see if you claimed him as her dad (and his income).
Have you at any time claimed him as her father (in years past) on any type of legal form? That would be a help.
Did he claim you or her on any insurance policy where he worked?
Did he have insurance with you as the beneficiary?
You say you claimed her on your income tax so that means you filed as a single/head of the household with no husband/partner? That may not be in your favor.
Does your daughter attend school? How did you list her father's name or address? Or did you list it anywhere?
Do you have her father's name on any of her doctor's information forms? Or did you show yourself as single?
At some point, you will have to have a certified DNA. Do you have access to any of his personal stuff such as hair from a hairbrush or a toothbrush?

What does his family have to say about your daughter? Do they claim her as their granddaughter? Will they help you acquire a hair sample?
These type of questions may surface but maybe with an attorney you may not have to answer all of them.

If you are on/in one of the government programs you should be able to get free legal services and you will most likely need their help.

You can Google Free Legal Aid with your zip code and find an office to apply.

alexismadrid91

October 1, 20170 found this helpful

Ive never been on any government assistance, he's listed as her dad at the doctors office and has taken her to appointments. Ive never had him listed on legal paperwork ive never had a reason to and I always made more money so I had my daughter on my benefits.

Sounds like I'll have to go the dna route.

coville123
Silver Post Medal for All Time! 433 Posts

September 29, 20171 found this helpful

My daughter received an inheritance from her father.He always denied paternity,but he was on the birth certificate.The lawyer said that was all I needed. You should contact a lawyer. I would talk to someone else in the social security office like the head one.

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