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How can I establish paternity after father has passed and been cremated in order to receive survivors benefits

1 Answers. Asked on Aug 31st, 2011 on Social Security - Arizona
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I receive benefits for one child but not the other, My youngest was born about 9 to 10 years after our divorce. My ex is named only on our oldest childs'' birth certificate. I''ve been denied twice. I had a siblingship DNA test done. Yet still denied. I don''t know in which direction to turn, its been ongoing since 2007.
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Answered on Oct 01st, 2011 at 8:13 PM

The Arizona Bar Association has free help available if you follow this link scroll down to "FIND FREE LEGAL HELP" so that you can choose your County.  I was hired in this fashion for a similar case in Nebraska through the Volunteer Lawyer Project.  Yours is not an easy case and you need help.

In the case I handled, the father had been cremated and buried in Mexico.  Depositions of the mother and grandmother were taken to establish identity and paternity.  I also had the further complication that the name did not match the Social Security Number.  However, we were successful in the end.

If you have been turned down twice, you only have sixty days to appeal, that is, sixty days after the date of the decision.  Do this immediately whether you have located a lawyer or not to preserve your rights.  You can do this in person or by phone through your local office.

 

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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