Legal Question in Social Security Law in California

Survivors benefit denial and california intestate laws

My daughters father was murdered last year and I am haveing problems receiving Social Security and various other benefits. At the time of his death his name was not on her birth certificate and court ordered child support was never sought either. After he passed his next of kin authorized for his blood to be shipped to a lab where the probability of paternity was 99.9999998%. Shortly after that a judment of paternity was entered and her birth certificate was amended to reflect his name and change hers. with this my daughters claim is still being denied and I'm running out of hope. I don't understand why he had to hold her out, especially if you have DNA and a judgment of paternity. He could have been alive and signed her birth certificate or had a default judgment of paternity and never seen her a day in his life; so why is it necessary in death? Another question is if the deceased did have an estate would my daughter qualify for benefits? The reason I ask is that I'm being told that because he did not openly hold out my child she does not quality for anything.


Asked on 10/04/05, 10:45 am

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Survivors benefit denial and california intestate laws

Dear Zip 91010

1. It is irrelevant that name was not on birth certif. You have cured that at this time with a Judicial proclamation and Court order. This is a final judgment of paternity.

2. Inasmuch as I am unaware of what stage you are in with SSA, I cannot advise as to whether you should ask for a reconsideration or other later hearing.

3. If there is an estate, and your daughter is the only heir (no other kids and no spouse) then your daughter takes all of the estate.

4. If there are assets, depending on the amount or level, you may have to initiate a probate on behalf of your duaghter to collect anything.

5. Be wary of decedent's family in general with your many issues.

6. The lack of acknowledging your daughter is of no import, it is genetics and a Court order that control.

7. Your daughter's benefits are her entitlement. You need to be agressive and possibly vocal. Get the SSA to put everything in writing and be firm. Write letters enclosing copies of the Court order. PERSONALLY SERVE a CERTIFIED copy of the order on the SSA and made a strong written demand for your child's benefits at that time anew.

If you have other questions, you may contact me directly at [email protected] or 818 876-8590.

I was on the National Panel of Social Security Reps for quite some time. For your info, you can get most of your SSA questions actually answered competently on line at www.ssa.gov and then drilling down through your specific needs.

Regards,

Mark Geyer

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Answered on 10/04/05, 6:03 pm


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