Benefits Won for Illegitimate Child : Father Didn’t Know of Pregnancy, Social Security Claimed

An illegitimate child is entitled to Social Security survivor benefits after the death of her father, even though he died before the mother’s pregnancy was confirmed, a federal appeals court ruled in San Francisco.

The decision, which suggested that some legal distinctions based on illegitimacy may be unconstitutional, provides retroactive benefits for 4-year-old Ariana Smith of Laguna Niguel.

Social Security officials repeatedly denied the claims filed by the mother, 36-year-old Lauretta Kay Smith.

“It was denied five times, I think,” Smith said. “I just kept saying, ‘I know I’m right in my heart,’ and we kept going. And we finally won. She’s 4 now, and we applied when she was 3 weeks old.”

Ariana’s father, Robert Hossler, apparently committed suicide in July, 1982, according to the opinion issued Monday by a three-judge panel of the U.S. 9th Circuit Court of Appeals. He and Smith were in the process of divorces from other spouses when they met and began living together. Smith received test results confirming her pregnancy the day after Hossler’s death.

“We both wanted the child so badly, but we both were waiting for our divorces to become final,” Smith said. “It wasn’t something we wanted to advertise before he died.”

The decision, retroactive to the date of application, reversed a denial of benefits--totaling $300 to $500 a month--by the U.S. Department of Health and Human Services. The child could continue collecting benefits until she is 18 years old, officials said.

The department claimed no benefits were payable unless Hossler knew of Ariana’s conception and showed an intent to contribute to her support.

The appellate court decided that proof of intent was not required.

Most parents aware of a pregnancy do not buy baby items before the third month of pregnancy, the judges noted.