Can my children claim Social Security or retirement benefits if the father is deceased?
4 attorney answers
You need to establish paternity under 20 CFR §404.355 which also provides for establishing paternity under State Law of the domicile of the putative father at time of death. DNA may, or may not, be sufficient, depending on the State.
I agree with Ms. Giraud's response. You need to establish paternity...which is done through DNA testing. This is the time to speak to a local attorney who handles SSA disability to assist you in this regard.
You can prove paternity by DNA testing. The medical examiner may have a blood sample that can be used for this. The father's closest kin will have to consent. This is a complicated procedure and you will need to retain an attorney.
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If they are his biological children and their deceased father has enough quarters for ss benefits they can collect if you can prove he was their father. You may need to retain a lawyer