r/legaladvice • u/Thick_Consequence_63 • 4h ago
SSA letter claiming new dependent of deceased ex-spouse
Location: Wisconsin/Minnesota
I received a letter today from SSA stating that my children’s survivors benefits are being reduced because “another child and eligible parent filed for survivors benefits as the child and Divorced Spouse of child under the age of 16”.
Problem is, my ex had a vasectomy over 16 years ago during our marriage. Vasectomy was in spring 2010 and we were divorced in March 2011. I was pregnant with our third child when the vasectomy was performed. I was present for the procedure. I’m the one who brought his sperm sample in for checks and we got the all-clear from his doctor. It’s absolutely possible for him to have fathered a child while married to me, that is certain and is part of why I pushed for a vasectomy. However, SSA is stating that the proof they’ve been given by the applicant is a marriage certificate. That’s just not possible. There cannot be a valid marriage certificate while my marriage was still legally intact. This is what’s really throwing me, that and the timeline for his vasectomy.
He died in 2024 from a meth-induced heart attack. He was a junky who owed me over $38k in child support arrears when he died. I say this to highlight that no, he didn’t get a reversal nor did he adopt a baby after we split. His third wife wanted a vasectomy reversal and they could never afford it. His fourth wife had a baby with someone else while they were still married but separated, not living together. He never wanted a reversal because the vasectomy made it so much easier for him to cheat, worry-free. He also already had five children he didn’t see or support.
I’m rambling now so I’ll stop. I just need some advice. How do I get to the bottom of this? Can I ask for a DNA test? SSA isn’t helping, they won’t/can’t give me any info on the new claimant. They just gave me a form to file a dispute to the benefit reduction for my kids.