Legal Question in Social Security Law in Massachusetts

social security death benefit

Hello,

My 21 month old son's father was murdered 8 months ago.

He, during his life, did not legally aknowledge the child via signing his birth certificate or leaving a will.

He did openly discuss this matter with several people, myself included, and stated he intended to make the child ''legally his''.

Since his death, with the help of a lawyer and signed consent of his parents, I petitioned the medical examiner for and obtained a DNA sample from him. The DNA test did prove he was the biological father of my son. The court established paternity. My son's birth certificate was amended to include his late father's name as he had wished.

Is my son entitled to social security survivor benefits even though legal paternity was established posthumously? The application for same is currently in the ''reconsideration'' phase at the SSA.

Thanks.


Asked on 12/06/08, 5:29 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: social security death benefit

It seems to me that there was a case on this subject based on post-death implantation of fertilized embryos. I do not recall how it went, but it would probably provide a good answer if the regulations do not. If you would like a specific consultation and brief research, let me know.

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Answered on 12/11/08, 9:44 pm


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