COVID-19 Update: Our practice is operating with our normal business hours. Social Security disability hearings are currently held by telephone. You may stay home and speak to the judge on the telephone. To schedule your consultation contact (410) 433-4040 or complete the Contact Form on this page.

Children Born After Father’s Death

Only children born after the death of a parent from whom the child would have been able to inherit will be considered a child under the Social Security Administration’s definition. Whether a child could inherit from the deceased father is determined by the laws of intestacy of the state where their deceased father lived at the time of his death. An applicant who does not meet the eligibility criteria under the laws of the state in which s/he lives, can be eligible if s/he meets one of several other criteria found in U.S. C. section 416(h)(2)(B), 416(h)(3) (c). It should be noted, a biological connection is not always required for a parent/child relationship to exist, e.g., where a child is adopted. The Supreme Court stated eligibility to inherit under the law of the State in which the deceased father lived is indication the State considered the child would be dependent on the deceased parent/wage earner.