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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Social Security Surviving Child's Benefits
© 1997 by Neighborhood Legal Services, Inc.
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What are Surviving Child's Benefits?
Surviving Child's benefits are benefits available from the Social Security Administration to provide for care and assistance of children of working parents when a parent has died. The amount of the benefit will be determined by the work history of the deceased parent.
Are there any age limits on a child's eligibility for Surviving Child's Benefits?
Yes. These benefits are only available to children if they are unmarried and:
How can I show that a child is eligible for Surviving Child's Benefits?
There are two ways to obtain Surviving Child's Benefits based on the account of a deceased wage earner: (1) by showing that the deceased wage earner was the parent of the child and was living with or contributing to the child's support at the time of death, or (2) by showing that the deceased wage earner was the parent of the child under New York State laws covering persons who die without making a will.
How do I show that a deceased person was the parent of a child and living with or contributing to the child's support at the time of death?
The evidence which can be used to show that the deceased person was the father of the child is discussed in a separate question (below). Along with this evidence, you must also show that the deceased father lived with the child or that the deceased father was giving (or spending) money for use in the care of the child. In deciding how much money is enough to make a child eligible for Surviving Child's Benefits, the Social Security Administration will look at the amount of money that the deceased was earning or had available and whether the child needed the money s/he was given (or was spent on him/her to meet his/her needs. Depending upon the circumstances of each case, the money given and/or spent on a child by a deceased father may not need to have been given and/or spent on a regular basis. Rather, the child may be eligible for surviving child's benefits even if the money came sporadically and in small amounts.
How do I show that a deceased person is the father of a child under New York State law?
There are several ways to show that a deceased wage earner was the father of a child for purposes of establishing a child's eligibility for Surviving Child's Benefits. These include: (1) a court order which found the deceased to be the child's father; (2) a written acknowledgement of paternity written by the deceased during his lifetime (such as a notarized letter from the deceased stating that he is the father of the child); (3) a blood genetic marker test; or (4) strong evidence that the deceased widely acknowledged the child as his own during his lifetime (the evidence necessary to prove this is discussed in the following question).
What evidence can I use to prove that the deceased is the child's father and/or acknowledged the child as his own?
1. Testimony/affidavits of anyone who knew the deceased and was aware of his statements or actions towards the child which would tend to show that the deceased behaved like a father and told people of/or about his fatherhood. People who might be able to provide this information are : friends, the child's mother's family, the deceased father's family, neighbors, business associates, the landlord/building superintendent, doctors, etc.
2. Testimony/affidavits from the deceased's family (especially his parents) showing that they believe the child to be part of their family.
3. Anything written by the deceased which indicates that the child is his, including: letters, birthday cards, diary entries, etc.
4. Photographs which show any family resemblance between the deceased and the child, or which show the deceased performing fatherly duties or displaying fatherly emotion towards the chid.
5. Records:
School Records showing the deceased as the father or showing that the deceased declared himself as the father in order to enroll the child in school, attend parent/teacher sessions, sign the child out of school, etc.
Medical Records showing the deceased as the father of the child or showing that the deceased acted as the father by taking the child for medical appointments, visited the child at the hospital, etc.
Welfare, Social Security or other Social Service Records showing that you (or someone else) reported the deceased as the father of the child and the deceased's response to any inquiry, or showing that the deceased listed the child as his.
Baptismal/Birth Records showing the deceased to be the child's father.
Death Records including any wills, statements, obituaries, etc., indicating that the deceased and/or his family treated the child as the child of the deceased.
Employment or Tax Records showing that the deceased listed the child as his son/daughter.
Insurance Records (e.g., health insurance, life insurance, etc. showing that the deceased listed the child as a son/daughter or made the child the beneficiary of the policy.
6. Records or statements showing that the deceased contributed to the child's support (even minimally, by buying her clothes and/or taking her to dinner).
This list is by no means exhaustive and there are many other sources available to assist you with proving the deceased's fatherhood. However, these records are a good place to start.
Also, because documents often get lost or misplaced at the Social Security Office, always keep copies of everything that you give to the Social Security Administration.
Does the father have to be listed on the child's birth certificate in order for the child to receive Surviving Child's Benefits?
No.
What should I do if the Social Security Office refuses to accept my evidence or denies my claim?
If you are denied and believe the denial was wrong, you should immediately appeal that decision at your Social Security Office. If you have further questions, call us
