How should I go about appealing my son’s social security benefit?

Get Legal Help Today

 Secured with SHA-256 Encryption

How should I go about appealing my son’s social security benefit?

My son’s father died prior to his birth. We were never married but I lived him at his parents house for about 6 months. We provided the social security office with his drivers license, W-2 forms, death certificate, and a written statement from both parents that my son is their grandson. Ultimately, my son was denied social security benefits. If I choose to appeal, what type of extra evidence do I need to submit?

Asked on December 18, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you choose to appeal the denial of your son's social security benefits derivative from the death of his father, you should first consult with an attorney experienced in social security benefits. From what you have written, the item that you did not present was a certified birth certificate of your son listing the man that passed away as his father.

Most likely the omission of this document was the critical document in the denial of your son's request for social security benefits. I suggest you get a certified copy of it and send it to the social security administration for review assuming his father that passed away is designated upon it as his father.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption