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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a question regarding my 14 yr old daughter. Her biological

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I have a question regarding my 14 yr old daughter. Her biological father died a few years ago, is she entitled to social security benefits? She has his last name but his name is XXXXX XXXXX the birth certificate.

Thank you for your question. Please allow me to assist you. I am a Pennsylvania licensed professional.

Typically to obtain social security benefits, paternity must be somehow established. If he biological father was never on the birth certificate and the father never formally recognized her is his child while he was alive, she is not legally considered 'his' and would therefore not be entitled to social security benefits. But if it can be established that she is his daughter, that he considered her as his, that he adopted her as his, then benefits can be established. But if she is currently adopted by someone else, for example, she would not be able to obtain benefits.

Good luck.

Dimitry K., Esq. and 7 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks, Several years ago I was told she was and I also asked if my husband(her dad) would even be able to adopt her without interfering with SS benefit. Also told it is a long process!


You are most welcome. It is a long process indeed--it may take 2 years for the administration to formally recognize her and then begin paying out the benefits. But it would not interfere with his benefit as this would be a separate benefit owed to the child.

Good luck.

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