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social security death benefits

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carla28s

Member
What is the name of your state? California

I applied for social security death benefits on behalf of my daughter. They denied my claim reasons being: "proof of paternity". He was killed 3 weeks before my daughter was born. I asked for a reconsideration which was also denied for same reason. I need some advice on where I can get help paying for some/all of a paternity test. What are the requirements for ssd? I'm not sure if this is true but someone mentioned that the coroner would have his dna and I could try there. Could that be true?

Thank you
 


rmet4nzkx

Senior Member
There are several ways to determine post mortum paternity.
How long ago was the father deceased?
Were you married at the time?
Had he acknowledged paternity in written form prior to death?
Do you have access to any blood relatives?
Was he burried or cremated?
Check with the coronor they may have a DNA sample and the county if you had filed a paternity case they should cover the cost.
Why didn't you ask these questions before you applied for reconsideration?
 

carla28s

Member
california

The father died in 2001. We were not married at the time. As for your question if he acknowledged paternity in written form prior to death, nothing in writting unfortunately. The only thing I had were written statements from his father stating he was told by his son I was pregnant with his baby, and the the people that worked for him also gave written statements but thats it. I do have access to one of his blood relatives, his father but his mother and sister live in mexico. Also he was burried. So if the coroner has a sample of his DNA I would file a paternity case? As far as asking these questions before applying for reconsideration goes I did ask but ss gave me very little help/advice. I asked several representatives that I spoke to including the supervisor questions/advice and I got so many different answers each time. At one point I was told by one representative that the case was approved and I should call back that following Monday turned out being denied. I've never been through something like this, I didn't even know survivor benefits existed and I never imagined how complicated this would be.

Thank you for your advice!
 

rmet4nzkx

Senior Member
I'm not sure what county you are in or where the father died, but call the coroners office and see if they normally take DNA samples and if they are processesd or held, it may depend on what happened, you may also need permission from his father at some point. If you filed a paternity case with the county and or applied for welfare, you may be able to get some help there, as you would be required to access what ever benefits were available but should be able to help you with the process. If you are able to establish paternity with DNA you may be able to appeal the SSA denial based on misinstruction by their employees and access to DNA testing you may need an attorney at some point, however if you applied for welfare the county or legal aid should be able to help you.
 

carla28s

Member
survivor benefits

Thank you, I appreciate your help. As for a filed paternity case, i'm not sure what that means? Is there a time limit on filing a claim for survivor benefits?

Thank you
 

rmet4nzkx

Senior Member
Tomorrow call the family law section of your superior court and ask, you should be able to get the forms, including fee waivers, someone can help you fill out the papers, I dont't know the time limits, but if you didn't know that may make a difference, they can answer your questions and possibly direct you to legal aid and/or social services.
 

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