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My son benefits

My ex-boyfriend has been maried 9yrs, ago. He's separate for about 6yrs,but he never get divorce. We were living together for 3yrs. where we have a baby. In his job he put as a beneficiary our son,but if something happen to him, the benefits goes to his wife or to our son?


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Your son likely will qualify for survivor benefits based on the father's work record. Note, however, you will need proof (birth certificate or DNA test) that he is the father.

Relevant quote and link :

A deceased worker's unmarried children who are younger than age 18 (or up to age 19 if they are attending elementary or secondary school full time) also can receive benefits. Children can get benefits at any age if they were disabled before age 22 and remain disabled.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/185/

To be entitled to child's insurance benefits on the earnings record of a worker under section 202(d) of the Act, a claimant must prove, among other things, that he or she is the worker's child. A claimant may prove that he or she is the child of the worker in any of the following four ways:

  1. The claimant could inherit the worker's property as the worker's child under the law of intestate succession of the appropriate State. See section 216(h)(2)(A) of the Act, 42 U.S.C. 416(h)(2)(A); 20 CFR 404.355(a)(1).
  2. The claimant is the worker's natural child and the worker and the claimant's mother or father went through a ceremony that would have resulted in a valid marriage between them except for a "legal impediment." See section 216(h)(2)(B) of the Act, 42 U.S.C. 416(h)(2)(B); 20 CFR 404.355(a)(2).
  3. The claimant is the worker's natural child and, at the appropriate time, the worker acknowledged in writing that the claimant was the worker's child, was decreed by a court to be the claimant's parent, or was ordered by a court to contribute to the claimant's support because the claimant was the worker's child. See section 216(h)(3) of the Act, 42 U.S.C. 416(h)(3); 20 CFR 404.355(a)(3).
  4. The claimant is shown by evidence satisfactory to us to be the worker's natural child, and the worker was living with the claimant or contributing to the claimant's support at the appropriate time. See section 216(h)(3) of the Act, 42 U.S.C. 416(h)(3); 20 CFR 404.355(a)(4).

http://www.ssa.gov/OP_Home/rulings/oasi/09/SSR2006-02-oasi-09.html


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Not affiliated with the US Social Security Administration