Ask Larry

What Can I Do To Entitle My Child To Benefits On My Record?

I have SSI and I have 4 children and one on the way.....The other children except the oldest who is 21 now gets money every moth from my SSI. Now my fourth son who is a 1 and half they have repeadly denied him these benifits due to the fact theat the mother and I are not married, but i have a legal affidavit I signed form the hospital stating and agreeing I am the biological father. Whenn you sign this affidavitt you are responsible for Medical, child support and etc...But they keep telling my gf and I that we have to get a dna test. We have checked every where and without a court order they will not do one, but under my signature on the affidavit if we were to split i am liable for all their bills is there anything i can do to get back pay for a year and half they keep denying and get approved for this I am just frustrated. I have been on SSI for 7 years now.

Hi,

SSI is the acronym used for Supplemental Security Income, which is a needs based benefit administered by Social Security. SSI does not pay auxiliary benefits to family members, so I assume you mean that you are receiving Social Security disability or retirement benefits.

In order for a child to qualify for auxiliary benefits on a parent's record, Social Security must establish that the child meets the necessary relationship and dependency requirements as written in the Social Security regulations (https://www.ssa.gov/OP_Home%2Fhandbook/handbook.03/handbook-0324.html). Normally in the case of a child born out of wedlock, the father's written acknowledgment that the child is his biological child is sufficient evidence to establish both the relationship and dependency requirements.

So, I don't know what is causing your child's claim to be disallowed unless maybe the mother of the child is married and therefore the child is presumed to be the legitimate child of her spouse. In any case, if your child's claim has been disallowed your only likely recourse would be to either appeal the decision or file a new claim.

Best, Jerry

Category: 
Posted: 
Nov 1 2017 - 11:35pm
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