Legal Question in Social Security Law in Louisiana

child social security rights

my daughters nautral father passed away last december. he was her natural father since birth, but was also a dead beat dad. child support was ordered in 1996, back to court for non payment in 2001 and was ordered to pay current and back pay. payments were random and then stopped. i then met someone who loved my daughter. we got married and he then adopted her since i the mother had full custody. so seven months after the adoption her natural father of 91/2 years dies and i was told that she was still entitled to his benefits. social security stated that since he was not supporting her that she does not qualify. so how does the state find justice in deniying a minor for ssbenefits that her dead beat dad owed her.

Asked on 3/20/07, 1:48 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: child social security rights

Dear LawGuru Friend,

I believe the person who told you that she does not qualify is wrong. He WAS supporting her, although not doing a very good job of it. Nevertheless, he earned Social Security benefits not just for himself but for his daughter's benefit as well. Nobody ever got Social Security benefits who did not apply for them, however. Applying takes more than just talking to someone. You may have to apply for her; and, if and when she is denied, then appeal the matter all the way, and even take it to court if you continue to lose against the women who run the Social Security system. There is more to it all than this, but this is something to think about.

Good luck to you and to your daughter!


Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 3/21/07, 10:38 pm

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