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  1. #1
    Join Date
    May 2008
    Posts
    7

    Default Son Turned Down For SSDI

    My question involves paternity law for the State of: Tennessee
    I signed my son up on my SSDI, they turned him down citing Title II Chief Counsel Precedent as stated in PR 01010.047C. I have tried to look this up and found nothing on it. Does anyone know what they are saying?
    The son I signed up is not my biological son, but my name is on the birth certificate. I have 60 days to appeal and don't really know what to put down??? I paid support on him, took care of him, his mother named me the father? Don't know what.
    Thank You and God Bless Us All.. John

  2. #2
    Join Date
    May 2008
    Posts
    6

    Default Re: Son Turned Down For SSDI

    Try contacting an attorney who deals in social security disability issues. They can probably offer better advice.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Son Turned Down For SSDI

    Also see http://www.expertlaw.com/forums/showthread.php?t=49204 from 5-9-08

    It was suggested in your previous thread to contact an attorney. The advice has not changed.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Son Turned Down For SSDI

    I'm not familiar with that citation format. If more explanation was shared in the letter, please disclose it. You may want to contact the person who sent you the letter and ask for a copy of the precedent cited.

    Of course, we have no information about the case. It's quite possible that if we knew the facts it would be obvious why your application was denied. If you don't want to tell us the facts, talk to a lawyer.

  5. #5
    Join Date
    May 2008
    Posts
    7

    Default Re: Son Turned Down For SSDI

    Hi All:
    The letter I recieved from Social Security reads:
    Dear John XXXXX
    We have considered your application for Social Security child benefits. Based on the evidence in file (The Child) cannot be entitled as a child on record of (me John XXXXX) because he does not meet the relationship requirements as a child.
    DNA testing that shows a 0% probability that the wage earner is the child's father is sufficient to overcome the presumption of paternity in Tennessee for a child born in wedlock. Such DNA evidence is also sufficient to that the child cannot inherit from the wage earner through intestacy under current Tennessee Law. This decision was basewd on Title II Regional Chief Counsel Precedent as stated in PR 01010.047C.
    Other Socical Security Benefits
    You do not qualify for any other Social Security Benefits based on the application you filed. In the future, if you think you may be entitled to benefits, you will need to apply again.
    You have 60 days from reciept of this letter to appeal.
    Anyone make sense of it, I will call a lawyer tomorrow and ask them.
    Take Care and God Bless Us ALL. John
    I am on the Birth Certificate as the father and paid child support and everything else on him up until 1999. He stayed with me until 2003 That's when his mother got him. And we had papers notarized saying she was 100% responsible for him and I thought I terminated my rights to him.

  6. #6

    Default Re: Son Turned Down For SSDI

    Where did Social Security get the DNA test results from? Did you get tested by an official government sponsored lab?

  7. #7
    Join Date
    May 2008
    Posts
    7

    Default Re: Son Turned Down For SSDI

    I had the test done, I believe it was at Dna Diagnostic Center in OHIO. They asked me if I thought the child was mine. So I told them about the test I had done back in 99, so I had to drive back home and get it for them.
    But like I told the SS lady. I consider him my son and he considers me his father.
    Take Care and God Bless Us All.. John

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Son Turned Down For SSDI

    Basically you have disproved any genetic relationship to the child, actively contested paternity, and tried to abandon him. The Social Security Administration probably sees your interest in asserting your paternity as meant primarily (perhaps exclusively) to have somebody else pick up the tab for child support for a child you don't even consider to be your own. Still, if these issues have been resolved by a court with a determination that you are the parent and are obligated to pay support on that basis, I question this determination. See this:
    Quote Quoting Social Security Handbook, Sec. 411. What is the definition of "child" for Social Security purposes?
    The term "child" includes the insured worker's:
    1. Natural (e.g., biological) legitimate child, or any other child who would have the right under applicable State law to inherit intestate personal property from the insured worker as his or her child;
      Note: Applicable State law is the law applied by the courts of the State where the insured worker was domiciled at the time of death. If the worker was not domiciled in any State, applicable State law is the law of the courts of the District of Columbia.
    2. Stepchild, under certain circumstances (see §331);
    3. Legally adopted child (see §329);
    4. Child of an invalid ceremonial marriage entered into under the conditions explained in §328;
    5. Natural child, provided the insured worker:
      1. Has acknowledged in writing that the child is his or her son or daughter;
      2. Has been decreed by a court to be the parent of the child;
      3. Has been ordered by a court to contribute to the support of the child because the child is his or her son or daughter; or
      4. Has been shown to be the child's father or mother by other reasonable evidence. The worker must have lived with the child or contributed to the child's support or when the insured worker died; or

    6. Dependent grandchild or step-grandchild (see §325).

    And this:
    Quote Quoting Social Security Handbook, Sec. 326. Legitimacy of a Child
    326.1 Why is legitimacy of a child important for Social Security purposes?

    A natural legitimate child (i.e., a child born of a valid marriage) has inheritance rights in the parents' intestate personal property under the laws of all States. Under the laws of most States, a child born out of wedlock has the status of "child" for the purposes of sharing the intestate personal property of the natural mother. The child does not have the status of child with regard to the estate of the natural father, unless certain conditions are met.

    326.2 How does a State determine a child's legitimacy?

    To determine the child's legitimacy, the courts of a State usually look to the law of the State where the parent was living when the child was born. The courts also look to the law of any other State under which the child's status may have been changed. Therefore, even if the State where the parent was living does not recognize the child as legitimate, the child may still be considered legitimate if born in some other State.

    326.3 Is a child born during a valid marriage always considered legitimate?

    A child conceived or born during a valid marriage is considered legitimate in all States. This presumption may be overcome, however, under certain conditions. In a controversy over a child's legal status, certain States follow the "Lord Mansfield Rule". Under this rule, neither the testimony of the child's mother, nor the testimony of the man who was her husband at the time the child was conceived or born, can disprove the child's legitimacy.

    326.4 Are children of void marriages legitimate?

    The legitimacy of children of void marriages differs by State. In some States, void marriage statutes provide that children of void marriages are legitimate. In other States, it may be necessary for a court of competent jurisdiction to declare the child legitimate.
    This turns in part upon the history of your custody and support case, and upon Tennessee law, so I suggest consulting a Social Security lawyer in your state about eligibility issues.

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