W began residing with R in Louisiana in 1953. She had a previous undissolved marriage with X.

W and R had five children together, born out of wedlock. R passed away in October 1966, domiciled in Louisiana. In November 1966 W applied for children’s insurance benefits on behalf of her five children.

Under Louisiana law at the time the children did not qualify to inherit personal property from R, which was the primary test for determining whether they were R’s children for social security purposes.

However, the mother produced overwhelmingly evidence to the social security administration that R was indeed the children’s father. This included the children’s birth certificates, and witness statements from the midwife who delivered the children that R had picked her up and been present at the house during delivery and paid for her services, as well as the landlord of their residence who testified that R lived with and supported the children prior to his death.

Mother had established that R was the children’s father and had been providing for them at the time of his death. The children qualified for benefits.

See Social Security Ruling (SSR) 68-29.

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