Clayton, NC asked in Social Security for New Jersey

Q: My sister had child w/man & he immediately left her. My sister died & my niece was only 8. She received survivor ss

He married after my sister died. His children receive survivor benefits from my sister. My sister never met his children. How can this be? Social security took over $200 a month from my niece & split it with his 4 children he had with his wife. I don't understand how this can be. My sister was not married to this man. Social security them asked for overpayment! Social security also said because the father was also disabled, each of his chdren get the same amount in benefits, which they split his, as well as my sister's benefits with his 4 children he had with his wife. This makes zero sense. Am I missing something??

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1 Lawyer Answer
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Social Security Disability Lawyer
  • Raleigh, NC

A: Since a birth certificate has to be supplied to prove parentage for a child to receive survivor's benefits, it is not likely that his other children are collecting a payment. The person that told you his children are collecting may just be incorrect. Your niece's legal guardian (if it is not her father) can contact Social Security to make sure that she is receiving the correct benefit amount.

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