Legal Question in Social Security Law in Louisiana

My 31y.o. nephew died recently and had a woman that claims the child she had 2 years ago was his. He never insisted on a Paternity test eventho he knew the child may not be his and was told by her on several occasions in the heat of arguements that the child was indeed not his. They lived together off and on and he did support the child and her. We buried my nephew on Thursday afternoon and on Friday morning @ 8 a.m. she was on the phone with Social Security to get an interview for benefits. They live in Louisiana and thank God they do not recognize common law because she was going to claim they were Common law and they were not. My question is this, what needs to be done? She told my family that she will be getting a check and the child will be getting a check. She said that hers is for being a caregiver for the minor child and of course the survivor's benefit for the child. She is a drug user and will blow all of this money on that lifestyle. Now, please don't misunderstand me, If the child belongs to my nephew then the child deserves the benefits, but not her. Your input please.


Asked on 5/23/11, 10:03 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

This will be decided by the Social Security Department according to their regulations. The only way she would not be entitled to benefits is if the child is not his.

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Answered on 7/02/11, 9:29 am


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