My daughter's father died just before she turned 2, but when I got pregnant and had her he was married. He was married when he passed. The family knows about her, his parents know about her. Now she's 3, but he didn't sign the birth certificate and I'm trying to get a DNA test done by the grandmother. She's willing, but the wife is telling her different. What do I do so my daughter can receive benefits?
By Anonymous from Tulsa, OK
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Have you talked to the local Social Security Office about this? I have no idea if illegitimate children qualify for survivor's benefits. My opinion is that if his mother is willing to do the DNA test, it isn't really any of the wife's business, unless she controls his mother. That being said I do know that if your daughter ends up receiving survivor's benefits, it isn't supposed to affect the amount her kids get. That could be what his wife is worried about.
My daughters father died when I was pregnant also. He too was married to someone else. Call your local Social Security Office and they will let you know what you will need. I had to hire an attorney to get a court order to collect DNA.
Family will have to give DNA samples if there is a court order. Then I had to pay for all genetic tests. Be careful what company you use, courts only accept results from certain companies. I used DNA Diagnostics. After I received the results, I again had to go to court to have his name put on the birth certificate. After all was said and done I spent about $1,700 on an attorney and $500 on genetic testing. Attorney fees vary by location. Good luck!
You will have to go to your local SS office in person to find out what you have to do to prove who the father is.
You will have to get certified proof that your daughter's father is this person and it will be very expensive. There is not another way to claim benefits for your daughter but think about the rewards in future years and I believe it will be worth the expense.
What if you do not have the money to pay an attorney or for tests? Maybe you can find someone to help you if they believe you have a legitimate claim. Go to your Child & Family office in your city and they can tell you if there is anything they can do or maybe find you help at a reduced price.
Your claim for benefits will not affect any other claim by anyone else.
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