Noteboom The Law Firm

How Paternity Affects Child’s Social Security Disability Benefits

When it comes to children receiving Social Security disability benefits, you may be wondering how they will be affected by a paternity case. In some circumstances, children who have a disabled parent will receive Social Security disability benefits.

Sometimes, proving paternity can become an issue and affect disability benefits. Situations where this may happen include when a couple separates. For instance, if a non-custodial father were to become disabled, the potential auxiliary benefits would be based on that disabled parent.

Another circumstance would be in a common-law marriage. If a disabled father splits from the other, then he could deny paternity. Again, potential auxiliary benefits would be based on the parent who is disabled.

There are special regulations under Social Security Administration when it comes to a child's eligibility to receive Social Security disability benefits. A Social Security disability lawyer can help you understand what these regulations are.

Proving paternity is easiest when you have written documentation. If not, other types of "evidence" can be used. If you are dealing with a paternity situation that involves children receiving Social Security disability benefits, an experienced attorney can help you understand the laws and how Social Security disability works.

The attorneys at LaVan & Neidenberg, located in Atlanta, Georgia, understand the inner workings of the Social Security Administration and will help you navigate the system. Call us today for a FREE legal consultation - 1-888-234-5758.