QUESTION
is my child eligible for ss death benefits from father?
Asked on Sep 01st, 2015 on Family Law - New Jersey
More details to this question:
Tricky situation. My daughter was born while my ex was in another state in jail. After he got out of jail I had no contact with him. I recently found out he passed away. He is not on birth certificate but I did fill out the paper that goes with it naming him as the father. They said he could not be on BC since he was not present to sign. I got no support from him ever and have been doing this myself without welfare or anything. Some have said she is eligible for benefits but I am worried she isn't. .
1 ANSWER
2 Awards
She probably is eligible but you are going to have a very difficult time proving that she is his daughter. Make the application to Social Security. they will direct you as to what has to be done to prove eligibility. Keep in mind, an inmate is not eligible for Social Security while incarcerated. If he was incarcerated at the time of his death, he was not earning Social Security credits. Each applicant must have a certain number of work credit to prove eligibility. good luck.
Answered on Sep 01st, 2015 at 9:12 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship