R, a fully insured worker, died in Maryland in 1964, leaving behind five illegitimate children. The children’s mother, W, filed for children’s social security benefits based on R’s earnings record.

She produced birth certificates showing R was the children’s father. There was no contradictory evidence. In addition, R had agreed to be legally responsible to provide financial support for the children until they reached sixteen years of age.

Held; the children were entitled to children’s social security benefits based on R’s earnings record.

See Social Security Ruling (SSR) 67-59.

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.