Daniels ex rel. Daniels v. Sullivan

ANDERSON, Circuit Judge:

I. INTRODUCTION

For the purposes of determining an illegitimate child’s eligibility for survivors ben*1517efits, the Social Security Act incorporates by reference the intestacy scheme of the state in which the insured was domiciled at the time of his death. See 42 U.S.C. §§ 402(d), 416(h)(2)(A). In the case of a Georgia decedent, the Social Security Act incorporates the Georgia intestacy scheme’s requirement that an illegitimate child establish paternity during the lifetime of the father. See O.C.G.A. § 53-4-4. Appellant Cassandra Daniels, on behalf of her minor son,…