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Survivor benefits paid to alleged child with no proof??

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torithequeen86

Junior Member
What is the name of your state? California

Ok here is my problem ...

I get survivor benefits for myself, and my 2 minor children due to the recent passing of my disabled husband, who is their biological father. We had been separated and not living together at the time BUT he and I were legally married at the time of his passing, no papers for divorce or separation were filed at any point. The "girlfriend" he was living with is trying to claim to get survivor benefits for her son by claiming my husband was the father. His name is NOT on any documents, including the kids birth certificate. Shortly before his passing, his "girlfriend" had him sign papers to be put on her son's birth certificate, however, he was not only on a constant IV stream of a high dose of morphine at the time of signing (and not fully aware of what was going on) BUT he signed the WRONG documents. Now that he has passed, this girl is using his "intent" to claim him as the legal father of her child, which legally, he is NOT just to get money for her child (which is being taken away from my children, thus my problem with the whole situation). I have filed a written statement with Social Security stating 10+ reasons that their payment of benefits to this child is incorrect, including to mention the fact that she has not only claimed another man as the father previously, but there is no way to prove that under the influence of his medications that he did infact intend to claim himself as the father, nor can she truly furnish proof of paternity. Social Security is paying for this other child without ANY real proof of paternity. After having my written statement practically ignored, I am at my wits end. I'm trying to figure out if there is anything else I can do to prevent my children from getting ripped of because some girl wants money. I know I can request a paternity test using my children's DNA and the DNA of my husband's parents (who have volunteered to do so) but I know it's expensive. Can I request this done on a free or low-income basis? Do I need to involve a lawyer (I have heard that she has Idaho lawyers involved as that is the state her child was born)? What else can I do to fix this?What is the name of your state?
 


torithequeen86

Junior Member
If the other kid gets benefits, does it increase y'all's benefits?
I get 3 checks each month, one for me and one for each child ... they are going to take over $100 out of EACH of my checks. That's over $300 in total being taken from our benefits each month. Social Security is only able to give a certain amount every month based on what my husband was recieving in disablity before he passed away, which is split equally between myself and my children. Adding this other kid, causes my payments to DROP. It's not fair to take money away from my children for some kid who is not rightfully entitled to it.
 

BL

Senior Member
Why don't you consult an SSI advocate in your area , or an attorney if need be .
 

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