Social Security survivor benefits denied for 1-year-old - birth certificate not enough proof of paternity?

This happened to my cousin too! SSA can be so frustrating!!!! They made her jump through all these hoops even though they were married and everything. She finally found some insurance paperwork where her husband had added the baby as a dependent. They accepted that as proof. Maybe check insurance documents, baptism records, or even tax returns if they filed jointly and claimed the child? The system is BROKEN when a birth certificate isn't enough!!

The SSA has specific requirements for establishing paternity for survivor benefits that can sometimes seem overly strict. While a birth certificate is usually sufficient, there are cases where additional documentation is required, especially if the birth certificate was amended or filed after the child's birth. For your sister-in-law, here are some documents that might satisfy the SSA requirements: 1. Health insurance records showing the child as a dependent 2. The father's last will and testament mentioning the child 3. Hospital birth records with both parents listed 4. Baptismal certificates 5. Court paternity determination 6. DNA test results 7. School records listing the father I would recommend she bring as many of these documents as possible to her next appointment. Also, she should ask to speak with a supervisor if her claim is denied again.

my wife had no trouble getting survior benefits for our son when i was temporary disabled and couldn't work. they just took the birth certificate. this doesn't sound right at all. maybe she talked to someone who didn't know what they were doing?

I've helped several clients navigate this exact situation. Here's what's really happening: SSA follows something called the "state inheritance law" standard for determining parent-child relationships in survivor cases. If your brother and sister-in-law were married when the child was born, most states would automatically establish the legal presumption of paternity. Have her bring: 1. The birth certificate 2. Their marriage certificate showing they were married before the child's birth 3. Any evidence showing they lived together when the child was born 4. Any documentation showing your brother acknowledged the child (cards, letters, social media, anything) If the SSA representative is still giving her trouble, she should specifically request they apply the state inheritance law presumption of paternity for children born during marriage. If that fails, ask to speak with a Technical Expert or the Office Manager.

honestly the governmnt just makes everything hard! my brother had the same problem and gave up trying. such a shame for these kids who deserve benefits. good luck i hope you win the battle with the bureaucracy!!

I had a terrible time trying to call the SSA to resolve a similar issue when my husband passed. Spent WEEKS trying to get through. Finally found a service called Claimyr that got me connected to a live SSA agent in under 5 minutes instead of waiting on hold for hours. Check out their demo video: https://youtu.be/Z-BRbJw3puU or visit their website claimyr.com Once I actually got to talk to someone knowledgeable, I was able to get my issue resolved. They accepted my hospital discharge papers that listed my husband as the father, even though a different agent had rejected it earlier. Sometimes you just need to talk to the right person at SSA.

Just rememberd!!! She should check if your brother filed taxes last year and claimed the baby as a dependent! My cousin used tax transcripts as proof and it worked!!

The rules are different for different types of benefits. I thought survivor benefits were handled differently than regular Social Security. Is she applying for SSI or SSDI survivor benefits? Those have different rules I think.

Just to follow up - if your sister-in-law continues to have problems even after providing additional documentation, she should consider filing a "Request for Reconsideration" (Form SSA-561). This formally appeals the decision and forces a review by someone other than the initial claims representative. She'll have 60 days from receiving a written denial to file this appeal.

Based on your latest comments, I'd recommend she gather all possible documentation (health insurance card, tax returns, medical visit summaries, photos, social media posts) and request another appointment. When she goes in, she should confidently (but politely) state: "I understand that under state inheritance laws, a child born during a legal marriage is presumed to be the legal child of the husband. I have our marriage certificate and birth certificate to establish this legal presumption." If they still insist on more proof, then ask them to provide the specific legal basis for requiring additional evidence beyond what state law recognizes, and request to speak with a Technical Expert. Document everything - who she spoke with, when, and what was said. This sounds like a case where an individual claims representative is applying stricter standards than necessary rather than an actual SSA policy issue.

I'm so sorry for your family's loss. This situation is unfortunately more common than it should be. As someone who has dealt with SSA bureaucracy, I wanted to add a few things that might help your sister-in-law: 1. If she has any hospital records from when the baby was born that show your brother's name as the father, those can be very powerful evidence since they're created at the time of birth. 2. Consider checking if your brother had any life insurance policies through work that listed the baby as a beneficiary - this documentation often gets accepted. 3. Bank statements showing your brother made deposits or payments for baby-related expenses can also help establish the father-child relationship. The key is to bring multiple forms of evidence rather than relying on just one document. SSA representatives seem to feel more confident approving claims when they see a "pattern" of evidence rather than a single piece of documentation. Also, if possible, try to schedule the appointment for earlier in the day when the staff is less overwhelmed and more likely to take time to properly review everything. Best of luck to your family!

I work for a nonprofit that helps families navigate SSA claims, and this situation is unfortunately becoming more common. Here's what I'd recommend your sister-in-law do immediately: 1. Request a supervisor review at the SSA office - don't accept "no" from the first representative 2. Bring a comprehensive packet including: marriage certificate, birth certificate, health insurance documents, tax returns showing the child as a dependent, and any photos/social media posts of your brother with the baby 3. Specifically ask them to apply the "marital presumption of paternity" under your state's inheritance laws If they still deny it, she should file Form SSA-561 (Request for Reconsideration) within 60 days. Also, consider contacting your local congressman's office - they often have staff who specialize in helping constituents with federal agency issues like this. The fact that they were married when the child was born should absolutely be sufficient under federal regulations. This sounds like an overzealous claims representative rather than proper policy application. Don't give up - your nephew is entitled to these benefits!