F and W lived together in Puerto Rico for 35 years and had 10 children, of which R was one born in 1924. F died in 1952.

W acknowledged R as her son and R contributed to W’s support. Tragically, R passed away before W.

W applied for mother’s social security insurance benefits based on R’s earnings record.

Whether someone qualifies as a parent for social security purposes depends in many cases upon whether they would have the status of a parent for inheritance purposes under the laws of intestate succession of the state in which the deceased worker was domiciled when he passed away.

The Puerto Rican Supreme Court held in the 1963 case of Ocasio v. Diaz that as of July 25th 1952, there were no longer any distinctions as to the legal status of children based on the circumstances of their birth. This was the meant that all children had the same inheritance rights from their parents.

For children born out of wedlock, their relationship could be established by voluntary recognition or their father, or could be judicially compelled.

Under the timeworn principle of “what’s good for the goose is good for the gander”, W’s acknowledgment of R as her son through her statements and the fact that they were known as mother and son in the community, was sufficient to establish her maternity.

Because she had been receiving the majority of her support from R at the time of his death, she was entitled to mother’s social security insurance benefits based on his earnings record.

See Social Security Ruling (SSR) 68-21.

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.