A deceased worker who passed away domiciled in Louisiana was survived by an illegitimate child who did not have inheritance from her under state law (such state laws have since been declared unconstitutional by the Supreme Court case of Trimble v. Gordon).

However, just because the child did not have inheritance rights dId not mean that she was precluded from being deemed the deceased worker’s child for social security purposes.

The child was entitled to child’s social security benefits based on her mother’s earnings record.

See Social Security Ruling (SSR) 68-49.

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.