I'm 17 years old. My father died when I was 3 years old and I'm not able to receive his benefits because he did not sign my birth certificate. He was in jail, so therefore the SSI said I can't receive his benefits. They said I needed his parents' signature; then they said I needed some kind of paper saying he is my father. The only paper I have saying he is my farther is an obituary; will that work or what can I do?
By Jamieca
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If your fathers DNA is not available you can still have a DNA test done if he has any living parents or siblings. The money will not go to you but rather to the caregiver you live with to help pay for the costs of housing you. I doubt it is retroactive however. I believe the rule is still intact that as long as you're going to school they (the caregiver) will receive the money until you turn 23 and continue living with them.
It is also possible that if your father was young enough and/or had been in jail a long time that he had never even paid enough into Social Security for any benefits to go into effect so weigh the cost of a DNA test, whether you will continue going to school after high school and the amount of money that might even be received by your caregiver before spending the money and effort for the test and further applications to Social Security.
I might be wrong but I have always been under the impression the the surviving parent or guardian had to apply for survivor's benefits. I also don't know if that applies to SSI or just social security. By rights your benefits should go to the person supporting you, because that person is responsible for housing, utilities, food, transportation, etc.
You already tried on your own to get benefits and know the results so you really have to consult with an attorney that specifically deals with SSI issues such as yours. They could advise you as to a plan of action if they believe you have a valid case.
Get an attorney, go to legal aid, explain your situation. Someone will help you.
If your father's DNA is available you can have a test and see if it matches. However the money will go to your mother. After age 18 the benefit stops.
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