Survivor Benefits for My Daughter

My daughter's biological father, my ex husband, was killed in Afghanistan, but before he died he gave up his rights and my husband adopted her. Is she entitled to benefits due to her biological father dying? I have the 1300 form (casualty report naming her as his daughter).

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By Melissa W.

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January 27, 20140 found this helpful

Call your local Social Security Office and talk to them. They are the ones that would know the right answer. My opinion is that she shouldn't receive survivor's benefits, but that is only my opinion.

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January 29, 20140 found this helpful

Your answers are only at the Social Security office but be sure to tell about the adoption as anything else would be fraud. I have found that military does not always update unless the member updates their personal information themselves.
So that could be the reason you received the form from the military.

Truthfully - your daughter was no longer his daughter and will not receive any compensation (my opinion).

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January 29, 20140 found this helpful

Hello, I'm sorry to say that once the biological father relinquished all rights to his daughter and agreed to adoption he from that point on is not, legally, her father. Her adopted father becomes her legal father.

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