< Back to Social Security Administration

Brandon Parker

Can my grandchild get Social Security survivor benefits if father isn't listed on birth certificate?

I've raised my granddaughter (now 14) since she was 3 years old with legal guardianship. Her father (my son) passed away last month at age 42 from an accidental overdose. We're devastated, but now trying to make sure she gets any benefits she's entitled to. The problem is her birth certificate has the father's section completely blank - no name at all. I always assumed he signed acknowledgment papers somewhere, but now I can't find anything. Will this prevent her from getting Social Security survivor benefits? What kind of proof would SSA accept to establish paternity posthumously? Has anyone successfully navigated this situation? I've been trying to call the local office but haven't gotten through yet.

First, I'm very sorry for your loss. Yes, your granddaughter likely qualifies for survivor benefits even with this documentation issue. The SSA has specific procedures for establishing paternity when the birth certificate doesn't list the father. You'll need to provide evidence of the father-child relationship. This could include: - Court decreed child support documents - DNA testing results (if previously done) - School records listing him as father - His tax returns claiming her as dependent - Written statements from people who knew he was the father - Any acknowledgment of paternity he may have signed You'll need to gather as much evidence as possible before your appointment. And speaking of appointments - don't waste time on the phone. I discovered a service called Claimyr that gets you through to SSA right away. Check out their demo video at https://youtu.be/Z-BRbJw3puU or visit claimyr.com. It saved me hours of frustration when dealing with my husband's disability claim.

0 coins

Thank you so much for this information! I do have his tax returns where he claimed her for a few years before his addiction problems got really bad. And I think I can get statements from family members and maybe his former employer. I've never heard of Claimyr before - I'll check that out because I've been trying to call for days with no luck.

0 coins

THIS IS EXACTLY WHY EVERYONE NEEDS TO BE LISTED ON BIRTH CERTIFICATES!!! The system is DESIGNED to make it difficult! My sister went through something similar and SSA gave her the RUNAROUND for EIGHT MONTHS before approving benefits. They kept asking for "just one more document" and then another and another. It's RIDICULOUS how they treat families already dealing with grief!!

0 coins

calm down lol not everyone's experience is the same. my kids got benefits pretty quick after their dad died even tho we were divorced and he wasnt even paying support. took like 6 weeks total

0 coins

Well GOOD FOR YOU! But that's NOT everyone's experience! Just because YOU got lucky doesn't mean the system isn't broken for MOST PEOPLE!

0 coins

I work with families in similar situations. The technical term SSA uses is "deemed child" when the parent isn't listed on the birth certificate. As long as you can establish the relationship, she's eligible for benefits until age 18 (or 19 if still in high school). Bring multiple forms of evidence to your appointment. The most compelling are: 1. Court-ordered child support documents 2. Prior DNA testing 3. His tax returns showing her as dependent 4. School records listing him as father 5. Medical records where he's listed as parent Also, bring your guardianship papers. Since you're not the biological parent, SSA will need to establish you as the proper representative payee. The benefit amount will be 75% of his Primary Insurance Amount (what his retirement benefit would have been at Full Retirement Age).

0 coins

do they still get benefits if the parent wasnt working when they died? my brother hasnt worked in 2 years cuz of his addiction but has 4 kids

0 coins

Yes, they can still qualify. SSA looks at the deceased parent's work history over their lifetime, not just at death. Generally, they need 40 credits (about 10 years of work) for full benefits, but younger workers need fewer credits. For a 42-year-old, they would typically need about 20 credits (5 years of work). Even with gaps in employment, many people with addiction issues have enough work history to qualify their children for benefits.

0 coins

my daughter gets survivors from her dad and we get about $1,900 a month which helps SO much with expenses! but we had his name on birth certificate. i had to bring his death certificate, her birth certificate, my ID, her social security card, and they still needed our marriage certificate even tho we were actually divorced when he died. bring EVERYTHING you can think of to the appointment!

0 coins

Update: I managed to find some old tax returns where he claimed her, and I've contacted his mother who has some old medical records that list him as her father. I'm feeling a bit more optimistic now. Has anyone done this application process recently? How long does it typically take to get approved once you submit everything?

0 coins

I helped my neighbor with this exact situation last year. From application to first payment took about 10 weeks, but it varies. The most important thing is to schedule an actual appointment rather than trying to do it all by phone. Even with good documentation, expect some follow-up questions. They might contact the people who provide statements to verify information. Also, be prepared that the benefits might be retroactive only to the application date, not the death date, so don't delay applying. If you're having trouble getting through on the phone, I used Claimyr (claimyr.com) to reach a live person at SSA quickly. Saved me hours of hold time and disconnected calls. Their video at https://youtu.be/Z-BRbJw3puU shows how it works. Well worth it when dealing with time-sensitive benefits.

0 coins

Thank you! I've been trying to decide between going in person or calling, but you're right - an in-person appointment sounds like the better option. And I appreciate the tip about the retroactive benefits. I'll try to submit everything within the next week. I'll check out Claimyr if I keep having trouble reaching someone to set up the appointment.

0 coins

my friends kid got like $1200 a month when her dad died last year and she was 15. they had dna test from when he tried to avoid child support lol. that backfired on him but helped her get benefits fast

0 coins

lmao karma

0 coins

I just realized - make sure you apply for any back benefits too! If he died in May and it's now... wait what month is it? August? You can get payments backdated to May when you apply! Don't leave that money on the table!

0 coins

This is correct. SSA will allow retroactive survivor benefits for up to six months from the application date, but never earlier than the month of death. So applying promptly is important, but even with a few months' delay, the benefits should be retroactive to May when the father passed away.

0 coins

I was finally able to schedule an appointment for next week! I've gathered tax returns from 2018-2019 when he claimed her, statements from his mother and brother, and some school emergency contact forms where he's listed as her father. I also found an old hospital visit summary where he's listed as the responsible party and father. Hoping this will be enough. Will update after the appointment. Thanks for all the helpful advice everyone!

0 coins

good luck!!! sounds like you have plenty of proof!

0 coins

That documentation sounds solid. Make copies of everything before your appointment, as SSA may need to keep some originals. Also, bring your bank account information for direct deposit setup. Wishing you the best!

0 coins

That sounds like excellent documentation! The tax returns and hospital records especially will carry a lot of weight with SSA. One small tip - if you have any photos of your son with your granddaughter over the years, bring a few of those too. They're not required but can help paint the picture of their relationship. You've got this! Looking forward to hearing how it goes.

0 coins

I'm so sorry for your loss. Losing a child is devastating, and dealing with bureaucracy while grieving makes it even harder. You're doing the right thing by pursuing these benefits for your granddaughter. I went through something similar when my nephew's father died without being on the birth certificate. The key is establishing a "parent-child relationship" through what SSA calls "clear and convincing evidence." From what you've described, you're already on the right track gathering those tax returns and family statements. One thing that really helped in our case was getting an affidavit from the hospital where she was born. Sometimes they have records of who was present during delivery or who signed paperwork, even if it didn't make it onto the actual birth certificate. Also, if your son ever had any life insurance policies or bank accounts that listed her as a beneficiary, those documents can be powerful evidence. The process took about 3 months for us, but she did receive retroactive benefits back to the date of death. Don't get discouraged if they ask for additional documentation - it's normal in these cases. You're being a wonderful advocate for your granddaughter during an incredibly difficult time.

0 coins

Thank you for sharing your experience - it's really helpful to hear from someone who's been through this exact situation. I hadn't thought about contacting the hospital where she was born, but that's a great idea. I'll call them tomorrow to see if they have any records from 2010. The life insurance angle is interesting too. I don't think he had any policies, but I should check with his former employers to see if he had any group life insurance that might have beneficiary information. It's reassuring to know that 3 months is typical and that retroactive benefits are possible. I'm trying to stay patient with the process, but it's hard when you're dealing with grief and financial uncertainty at the same time. Thanks for the encouragement - it means a lot coming from someone who understands what this is like.

0 coins

I'm so sorry for your loss. Losing a child is unimaginably difficult, and you're showing incredible strength by advocating for your granddaughter during this heartbreaking time. Based on your updates, it sounds like you're gathering excellent documentation. The tax returns and hospital records will be particularly compelling evidence for SSA. A few additional thoughts that might help: If your son ever took your granddaughter to any doctor appointments, try to get those medical records - they often have the father listed as the responsible party or emergency contact. Also, check if there are any school enrollment documents from when she started kindergarten or changed schools where he might have signed as her father. Since you mentioned addiction issues, it's worth noting that SSA won't hold his struggles against your granddaughter's claim. They're only concerned with establishing the parent-child relationship and his work history for benefit calculation purposes. The fact that you've had legal guardianship since she was 3 actually works in your favor - it shows a stable family structure and your role as her caregiver. Make sure to bring those guardianship papers to your appointment. You're doing everything right, and from what you've described, you have strong evidence to support her claim. Wishing you both strength and a smooth process ahead.

0 coins

This is such thoughtful advice, thank you. You're absolutely right about checking for medical records from doctor visits - I remember taking both my son and granddaughter to a few pediatric appointments together over the years, so there might be documentation there. I'm also relieved to hear that his addiction struggles won't impact her eligibility. That was something I was worried about but didn't want to ask directly. It's comforting to know that SSA focuses on the relationship and work history rather than personal circumstances. The guardianship paperwork is definitely something I'll make sure to highlight. It shows our family's commitment to her care and might help establish the legitimacy of our claims about her father's role in her life, even if the documentation is limited. Thank you for the encouragement - this community has been incredibly supportive during such a difficult time. It means so much to connect with people who understand both the practical and emotional challenges of navigating these systems while grieving.

0 coins

I'm so deeply sorry for the loss of your son. What you're going through is heartbreaking, and it's clear how much you love and care for your granddaughter. From reading through all the helpful advice here, it sounds like you're building a really strong case with the tax returns, hospital records, and family statements. One thing I haven't seen mentioned yet - if your son ever had any social media accounts where he posted pictures with your granddaughter or referred to her as his daughter, screenshots of those posts can actually serve as additional evidence of their relationship. Facebook posts, Instagram photos with captions mentioning "my daughter," things like that can be surprisingly helpful. Also, if your granddaughter has any school friends whose parents knew your son, getting a simple written statement from them acknowledging that they knew him as her father could add to your evidence pile. Sometimes these informal acknowledgments from the community carry weight. You're being such an incredible advocate for her during the most difficult time imaginable. The fact that you're pushing through all this bureaucracy while grieving shows what an amazing grandparent you are. She's lucky to have you fighting for her rights and future security.

0 coins

This is such a great point about social media evidence! I hadn't even thought about that, but my son did have a Facebook account and I remember him posting photos with her over the years, especially around her birthdays and holidays. I'll need to figure out how to access his account or get screenshots from family members who were friends with him online. The idea about getting statements from other parents is really smart too. There are definitely a few families from her school who knew him when he was more involved in her life before his addiction got worse. It might feel awkward to reach out during this time, but you're right that those community acknowledgments could be valuable. Thank you for the kind words about being an advocate for her. Some days it feels overwhelming trying to handle all this paperwork and appointments while we're both still processing our grief, but she deserves every benefit she's entitled to. Your suggestions give me a few more avenues to explore before my appointment next week.

0 coins

I'm so sorry for your loss. Losing your son and then having to navigate all this bureaucracy while grieving must be incredibly overwhelming. You've gotten excellent advice here, and it sounds like you're gathering strong documentation. One thing I wanted to add that I haven't seen mentioned - if your son ever filled out any emergency contact forms for jobs, schools he attended, or even things like gym memberships where he might have listed your granddaughter as his dependent or emergency contact, those can also serve as evidence of the parent-child relationship. Also, don't forget about any old Christmas or birthday cards he may have signed "Love, Dad" or similar. I know it sounds small, but SSA considers all forms of evidence when establishing paternity, and personal items like cards or letters can actually be quite meaningful in their determination. The good news is that SSA really does want to help children get the benefits they're entitled to. While the process can feel daunting, they have experience with exactly these kinds of situations where the birth certificate doesn't tell the whole story. You're doing everything right by gathering multiple forms of evidence rather than relying on just one document. Best of luck with your appointment next week. Your granddaughter is fortunate to have someone fighting so hard for her during this difficult time.

0 coins

This is such helpful advice about the emergency contact forms and personal items like cards! I never would have thought about gym memberships or other routine paperwork, but you're absolutely right that he probably filled out forms over the years that could show their relationship. I'll check with some of his former employers and maybe even his old apartment complex - they often have emergency contact information on file. The point about birthday cards really hits home. My granddaughter has kept a small box of cards and notes from her dad over the years, including some where he definitely signed them as "Dad" or "Daddy." It's bittersweet to think about going through those items, but if they can help secure her benefits, it's worth it. Thank you for the reassurance about SSA wanting to help children get their entitled benefits. Sometimes it feels like the system is working against us, but it helps to remember that they deal with these complicated family situations regularly and have processes in place for exactly this scenario. I'm feeling more confident about next week's appointment with all the documentation I've gathered thanks to everyone's suggestions here.

0 coins

I'm so deeply sorry for the loss of your son. Having walked this path myself when my brother passed away and left behind two children, I understand how overwhelming it can be to navigate these systems while grieving. It sounds like you've done an incredible job gathering evidence - the tax returns, hospital records, and family statements should definitely establish the parent-child relationship SSA needs to see. One additional piece of documentation that really helped in our case was getting a letter from your granddaughter's school counselor or a teacher who knew your son. Even if it just states that they were aware he was her father and attended school events or parent conferences, it adds another layer of community recognition to your case. Also, if you still have any old cell phone records or phone bills that show regular contact between your son and your household during the years you've been raising her, those can demonstrate ongoing parental involvement. Phone companies usually keep records going back several years. The 75% benefit rate that was mentioned earlier is significant - for a 42-year-old who was working, that could provide meaningful financial support for her education and daily needs through age 18. You're doing such important work ensuring she gets what she's entitled to. Thinking of you both during this difficult time, and hoping your appointment next week goes smoothly.

0 coins

Thank you so much for sharing your experience with your brother's situation - it really helps to hear from someone who's been through this process firsthand. The suggestion about getting a letter from school staff is brilliant! Her current guidance counselor has been at the school for several years and definitely remembers my son from when he was more involved. Even though his participation dropped off as his addiction worsened, there were definitely years when he attended parent-teacher conferences and school events with me. The phone records idea is really smart too. I hadn't thought about that, but there were definitely periods where he would call regularly to talk to her, especially in the evenings. I'll contact our phone company to see what records they still have available. It's encouraging to hear that the 75% benefit rate can be substantial. With college costs only getting higher, having that financial security for her future education would make such a difference. Thank you for the reminder about what we're working toward - sometimes when you're buried in paperwork and appointments, you lose sight of the bigger picture of providing for her long-term needs. Your kindness and practical advice mean so much during this difficult time. This community has been such a source of support and information when everything else feels overwhelming.

0 coins

I'm so sorry for your loss, and I want to commend you for being such a dedicated advocate for your granddaughter during this incredibly difficult time. Reading through this thread, it's clear you've received excellent advice and have gathered substantial evidence. I wanted to add one more potential source that hasn't been mentioned yet - if your son ever had any interactions with Child Protective Services or family court (even positive ones like custody discussions or support arrangements), those records often contain acknowledgments of paternity that can be very compelling to SSA. Also, since you mentioned he struggled with addiction, if he ever went through any treatment programs or rehab facilities, they sometimes have intake forms where patients list their children and family relationships. These medical/treatment records can serve as additional evidence of his acknowledgment of being her father. Based on everything you've shared, you have built an incredibly strong case. The combination of tax records, hospital documentation, family statements, and your legal guardianship papers should be more than sufficient. SSA sees cases like this regularly, and they have established procedures specifically for situations where the birth certificate is incomplete. You're giving your granddaughter such a gift by ensuring she receives the benefits her father's work history has earned her. Wishing you both strength and a successful appointment next week.

0 coins

This is such thorough and compassionate advice, thank you! I hadn't considered treatment records, but now that you mention it, my son did go through a couple of rehab programs over the years. I remember him talking about intake paperwork and family information forms during those admissions. It never occurred to me that those records might be helpful for this situation, but you're absolutely right that they would show his acknowledgment of being her father. I'm also grateful for your reassurance about having a strong case. After gathering all this documentation over the past week, I was starting to second-guess whether it would be enough, but hearing from so many people who've been through similar situations gives me much more confidence going into the appointment. Your point about this being a gift for her future really resonates with me. In the midst of all the grief and bureaucracy, it's easy to lose sight of what this really means - securing her financial stability and honoring her father's work history. Even though he struggled with addiction, he did work hard for many years, and she deserves to benefit from that. Thank you for taking the time to share such detailed and helpful suggestions. This community has been an incredible source of both practical advice and emotional support during one of the hardest times in our lives.

0 coins

My heart goes out to you during this incredibly difficult time. Losing your son and then having to navigate these complex systems while grieving is unimaginably hard, but you're showing such strength and dedication in advocating for your granddaughter. I've been following your updates throughout this thread, and I'm truly impressed by how thoroughly you've prepared for your appointment. The combination of tax records, hospital documentation, family statements, and your legal guardianship papers creates a compelling picture of the parent-child relationship that SSA needs to establish. One thing I haven't seen mentioned yet - if your son ever had any utility bills, lease agreements, or other household documents where your granddaughter was listed as living with him (even temporarily), those can serve as additional evidence. Also, if he ever received any government benefits like food stamps or Medicaid and listed her as a dependent, those records from social services agencies can be very persuasive to SSA. It's also worth noting that SSA has a vested interest in approving legitimate claims. They want to ensure children receive the benefits they're entitled to, and they have extensive experience with cases where documentation is incomplete. Your thorough preparation and the multiple forms of evidence you've gathered should give them everything they need to make a positive determination. Your granddaughter is so fortunate to have you fighting for her future during this heartbreaking time. The benefits you're securing will provide important financial stability as she finishes high school and potentially pursues higher education. You're honoring your son's memory by ensuring his work history benefits his daughter. Best of luck with your appointment - you've got this!

0 coins

Thank you so much for this incredibly thoughtful and comprehensive response. Your suggestion about utility bills and lease agreements is something I hadn't considered at all, but it makes perfect sense. I'm going to check if I have any old documents from the brief period when he was living more independently but still maintaining regular contact with us. The point about government benefits records is also really valuable. I think there may have been a time when he applied for assistance and listed her, though I'm not entirely sure. I'll make some calls to see what records might be available from social services. Your reassurance about SSA having a vested interest in approving legitimate claims really helps ease some of my anxiety about the process. Sometimes it feels like you're fighting against the system, but you're right that they want to ensure children get what they're entitled to when there's a legitimate claim. I keep coming back to your point about honoring my son's memory through this process. Despite his struggles, he did work hard for many years and genuinely loved his daughter. Ensuring she receives these benefits feels like one last way his efforts can provide for her future. That perspective helps me stay motivated when the paperwork and appointments feel overwhelming. This entire thread has been such a source of support and practical guidance. I feel much more prepared and confident going into next week's appointment thanks to everyone's advice and encouragement.

0 coins

I'm so sorry for the loss of your son. What you're going through is heartbreaking, and it's clear how much you love and care for your granddaughter. I wanted to share that I went through a very similar situation when my nephew's father passed away without being listed on the birth certificate. The process can feel overwhelming, but you're absolutely on the right track with the documentation you've gathered. One thing that really helped us was creating a timeline document that showed the relationship over the years - listing dates when he claimed her on taxes, attended school events, medical appointments, etc. SSA appreciated having everything organized chronologically, and it helped tell the story of their father-daughter relationship despite the missing birth certificate documentation. Also, if your granddaughter has any artwork, school projects, or cards she made for Father's Day over the years that reference "Dad" or "Daddy," bring those too. They might seem insignificant, but they show her recognition of the relationship from her perspective, which can be meaningful evidence. The 14-year work relationship you've had raising her, combined with your legal guardianship, actually strengthens your case. It shows stability and your role as her primary caregiver, which SSA needs to establish for you to serve as the representative payee. You're doing everything right, and from what you've shared, you have strong evidence. Your granddaughter is fortunate to have someone fighting so hard for her during this difficult time. Wishing you both strength and a smooth process ahead.

0 coins

This is such wonderful advice about creating a timeline document! I hadn't thought about organizing everything chronologically, but you're absolutely right that it would help tell the complete story of their relationship over the years. I'm going to spend some time this weekend putting together a timeline that includes the tax years he claimed her, any medical appointments or school events he attended, and other key moments that demonstrate their father-daughter bond. The suggestion about keeping any Father's Day cards or artwork she made for him is really touching and practical. She's always been a creative kid, and I know she made him cards and drawings over the years, especially when she was younger. It's bittersweet to think about going through those items, but if they can help establish her recognition of him as her father, they're definitely worth including. Thank you for sharing your experience with your nephew's case - it's so reassuring to hear from someone who successfully navigated this exact situation. The fact that you mentioned the 14-year caregiving relationship and legal guardianship as strengths gives me more confidence. Sometimes I worry that the complexity of our family situation might work against us, but you're helping me see how it actually demonstrates the stability and care that SSA is looking for. Your encouragement means so much during this difficult time. This community has been such a lifeline of both practical advice and emotional support as we work through this process.

0 coins

I'm so deeply sorry for the loss of your son. What you're going through - grieving while trying to navigate these complex systems to protect your granddaughter's future - takes incredible strength and love. Reading through your journey in this thread has been both heartbreaking and inspiring. You've received such thoughtful advice and have clearly built an exceptionally strong case with multiple forms of evidence. The tax returns, hospital records, family statements, and your legal guardianship documentation create a compelling picture that should satisfy SSA's requirements for establishing paternity. What strikes me most is how this process, while administratively challenging, is also a way of honoring your son's memory and ensuring his work history continues to provide for his daughter. Despite the struggles he faced with addiction, he was still her father and did contribute to the system that now can support her future. Your thoroughness in gathering evidence from so many different sources - from medical records to school documents to family statements - shows SSA that this isn't just a legal technicality, but a real family relationship that deserves recognition. The fact that you've been her primary caregiver with legal guardianship for over a decade only strengthens your position as the appropriate representative payee. Going into your appointment next week, remember that SSA deals with these situations regularly and has processes specifically designed for cases where birth certificate documentation is incomplete. You've done everything right in your preparation. Wishing you and your granddaughter strength for the road ahead. She's fortunate to have such a dedicated advocate fighting for her rights during this difficult time.

0 coins

I'm so sorry for your loss, and I just wanted to say how much strength and love you've shown throughout this entire process. As someone new to this community, I've been following your story and I'm truly moved by your dedication to securing your granddaughter's future during such a heartbreaking time. From everything I've read, you've built an incredibly thorough case with multiple types of documentation - tax records, hospital documents, family statements, and your guardianship papers. The timeline approach that was suggested earlier sounds like a great way to present everything clearly to SSA. I can only imagine how emotionally difficult it must be to go through all these old records and memories while you're still grieving, but what you're doing is so important. Your son's work history deserves to support his daughter's future, and you're making sure that happens despite the documentation challenges. Best of luck with your appointment next week. From what everyone here has shared, it sounds like you're as prepared as anyone could be. Your granddaughter is so fortunate to have you advocating for her during this difficult time.

0 coins

Thank you so much for those incredibly kind and thoughtful words. This whole process has been emotionally draining, but reading everyone's advice and encouragement in this thread has made such a difference. You're right that going through old records brings up so many memories - some painful, some bittersweet - but it helps to frame it as honoring my son's memory and ensuring his work continues to provide for his daughter. I actually finished putting together that timeline document someone suggested, and it really does tell a clear story of their relationship over the years, even with all the gaps during his worst struggles with addiction. Seeing it laid out chronologically made me realize we have more evidence than I initially thought. I'm feeling much more confident going into the appointment next week thanks to all the support and practical advice from this community. Whatever happens, I know I've done everything possible to advocate for her rights and her future. Thank you again for the encouragement - it means more than you know during this difficult time.

0 coins

Social Security Administration AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today