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Can my child receive social security survivor benefits from her father whom was killed by a car 2 years ago.

1 Answers. Asked on Mar 05th, 2012 on Social Security - Florida
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My husband was killed by a car 2 years ago, he was an ilegal immigrant whom lived & worked here for about 7 years using a ITIN card. Can our child whom is a US citizen get survivor benefits?
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Answered on Apr 07th, 2012 at 12:30 PM

It would be difficult, but I believe it could be possible.  You are going to need help, and a lot of evidence, such as proof of paternity and connection of the father to the wages earned under the ITIN card.

You may want to contact the State Bar of Florida for their Pro Bono program (, Legal Aid (Go to to find your local office), or a nearby legal clinic of a Law School.

Every day individuals go to work and pay taxes that could be used for survivor's benefits.  However, when they die, the Social Security Administration has no record of them as an individual, and these funds never get applied as they should.

Yours is a very common and very sad story.  I'm sure the father worked hard - I hope you are successful, and I hope you'll let me know how it turns out.

Good luck.



No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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Social Security
Social Security is a federal government program, primarily funded through payroll taxes, that provides an array of benefits to retired workers, the survivors of workers, the disabled and low-income families. Social Security attorneys typically work with one of two groups of clients. Many Social Security lawyers focus their practices on working with those whose applications for Social Security Disability Insurance (SSD or SSDI) have been denied. These attorneys assist clients at eligibility hearings and throughout the appeals process. Other Social Security law firms represent those who have been accused of Social Security fraud and those who are victims of Social Security fraud.
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