R was a fully insured worker who died in March 1966, survived by his widow, E, and four children, who received social security survivor’s benefits based on his earnings record.

A second woman, W, filed an application for child’s benefits for her child, C, based on R’s earnings record, claiming that C was R’s child.

As evidence, W produced an out-of-court settlement document signed by R in which he agreed to pay her monthly installments totaling $2,200 over a period of time, after which he would have no further liability to W.

W insisted that this document was an acknowledgment of R’s paternity of her child C. But R’s widow disagreed, pointing out that on the face of the document there was no acknowledgment of paternity but merely an agreement that most pay W a sum of of money for an unspecified reason, following which R would have no further liability to W.

Held: there was no acknowledgment of paternity and C was not entitled to child’s benefits.

See Social Security Ruling (SSR) 68-54.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.