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Eligibility for Social Security Survivor Benefits?

My husband passed away at 37 years old last month. We have been together nearly 16 years. We have a young son and daughter together.

Today, during my phone interview for survivor benefits, I was informed that another person has also filed for benefits for her child claiming that my husband was the biological father of her 4 yr old. Oddly enough, she filed immediately after his death (which was accidental therefore was made very public by news media).

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This other person has no evidence to support her claim, nor does her child's birth certificate list any name of a father. Secondly, the SSA office clerk even voiced that it was unusual for a single mother not to ever file for child support, if in fact my late husband was the father, rather she waited until he has passed and can no longer speak for himself to make allegations.

SSA did advise me that she has the burden to provide proof to support her claim, however, until she drops her claim then my children will receive 1/3 less benefits than they were originally eligible for.

My question is, can this stranger actually steal benefits due to our children, simply because she claims paternity of her child? This doesn't seem legal or ethical. We are a grieving family. The loss of my husband and my children's father is bad enough, then to be put through this. Any other similar situations? Can they actually get away with this?

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Bronze Answer Medal for All Time! 220 Answers
September 10, 20150 found this helpful

Only the SSA can answer your questions about their decisions in a particular case. If you disagree with an action or decision, you can appeal within the SSA system or find an attorney specializing in SSA laws and regulations to file further actions.

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September 11, 20150 found this helpful

You should follow the advice given by Dinah as the SS can answer all of your questions.

Seeking legal advice may become necessary but the SSA will make this other person prove that your husband was the father before they will pay support.

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But, they will withhold that amount from your benefits until it is settled - and this may take several months. It could be a scam or it could be legitimate.
If they cannot prove their claim then the SSA will/should discharge it and send you a check for the total amount that was due you if there had been no claim.
If it is proven the child is your husbands then they will receive their fair share of his benefits.

Put your mind at ease and pay a visit to the SS office and then decide if you need the advise of an attorney.

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