We are responding to your request for our opinion as to whether inheritance rights
                  under Arkansas law are prospective only for a child born out of wedlock. The issue
                  to be determined is the date from which Brandon B. A~, the child claimant, may be
                  awarded child's benefits based upon the record of his biological father, Lee R. G~.
                  For the reasons stated below, we are of the opinion that Brandon can be awarded benefits
                  prospectively from the date of the DNA test establishing paternity, but not retroactively
                  to the date of birth.
               
               Mr. G~, the number holder, is currently receiving disability benefits and is domiciled
                  in Arkansas. Brandon was born in Arkansas on July 16, 1989, to Deborah (T.) A~. Ms.
                  A~ and Mr. G~ were never married, and Mr. G~ was not named on Brandon's birth certificate.
                  On June 6, 2000, an administrative order by the Arkansas Office of Child Support Enforcement
                  required Mr. G~ to submit to genetic testing to determine the paternity of Brandon.
                  The paternity evaluation dated July 19, 2000 showed a probability of paternity of
                  99.99 percent. Furthermore, Mr. G~ provided a written statement to the Social Security
                  Administration (SSA) acknowledging Brandon as his child. SSA received the undated
                  document on October 3, 2000. The Agency used the written acknowledgment of paternity
                  provided by Mr. G~ to adjudicate the claim.
               
               Under section 216(h)(3)(B) of the Act, a written acknowledgment that a child applicant
                  is a son (or daughter) is sufficient to establish that the applicant is a "child"
                  of the number holder irrespective of intestate succession. 42 U.S.C. § 416(h)(3)(B);
                  20 C.F.R. § 355(a)(3)(2000)./ Therefore, Brandon was awarded benefits as of October
                  2000, the month the number holder's statement was received by SSA. Now you have requested
                  to know if the claimant can be awarded benefits retroactively under section 216(h)(2)(A)
                  of the Act.
               
               Section 216(h)(2)(A) of the Act provides that in determining whether an applicant
                  is the child or parent of an insured individual, the Commissioner of Social Security
                  shall apply such law as would be applied in determining the devolution of intestate
                  personal property by the courts of the state in which such insured individual was
                  domiciled at the time of the application. 42 U.S.C. § 416(h)(2)(A). Since Mr. G~ was
                  domiciled in Arkansas at the time of the claimant's application, we must apply Arkansas
                  law. Agency regulations provide that if applicable state inheritance laws require
                  a court determination of paternity, SSA will not require that a claimant actually
                  obtain such a determination, but will decide the child's paternity by using the standard
                  of proof that the state court would use as the basis for a determination of paternity.
                  20 C.F.R. § 404.355(b)(2) (2000). Therefore, SSA can determine Brandon's relationship
                  to Mr. G~ without an actual court determination of paternity.
               
               Arkansas inheritance law provides that an illegitimate child or his descendants may
                  inherit real or personal property from her father provided the child or descendant's
                  have established paternity, and that right is limited to a 180 day period after the
                  putative father's death. Ark. Code Ann. § 28-9-209(d)(1)-(6) (1999) (A.C.A.). There
                  is no substantive dispute regarding Brandon's paternity. Pursuant to an administrative
                  order from the Arkansas Office of Child Support Enforcement, Mr. G~ underwent paternity
                  testing. Micro Diagnostics, the DNA laboratory, was selected by the State as a "duly
                  qualified agent" to conduct paternity testing. A.C.A. § 9-10-108 (1999). Therefore,
                  there is no DNA laboratory accreditation issue to consider. 42 U.S.C. § 263a(a).
               
               The DNA lab report found that there was a 99.99 percent probability that Mr. G~ was
                  the biological father of Brandon A~. Under Arkansas law, the results of a paternity
                  test establishing a 95 percent or more probability of paternity, along with some corroborating
                  testimony from the mother regarding "access" during the conception period, "shall
                  constitute a prima facie case of establishment of paternity". A.C.A. § 9-10-108(a)(6)
                  (1999). While the putative father is living (as in this case), the legal standard
                  is by a preponderance of the evidence. See Bain v. State, 937 S.W.2d 670, 674 (Ark. Ct. App. 1997); Erwin L.D. v. Myla Jean L., 847 S.W.2d 45, 47 (Ark. Ct. App. 1993). After the prima facie case is met, the burden
                  of proof then shifts to the putative father to rebut the evidence. Id. 
               While there is no statement from Brandon's mother regarding access during conception,
                  we believe the mother's signed application for benefits on behalf of Brandon and her
                  cooperation with paternity testing constitutes an implied statement of access. Therefore,
                  the DNA test, the application for benefits, and Mr. G~' written admission of paternity
                  constitutes prima facie proof of paternity that has not been rebutted. As previously indicated in our opinion,
                  SSA used the number holder's written admission to establish that Brandon was his child
                  and pursuant to section 216 (h)(3)(B) of the Act. Brandon was consequently awarded
                  child's benefits. 42 U.SC. § 416(h)(3)(B); 20 C.F.R. §§ 404.354, 404.355. According
                  to your request, benefits were paid effective as of October 2000, the month that the
                  number holder acknowledged his paternity in a signed statement.
               
               We believe Brandon can be paid benefits as of July 19, 2000, the date of the DNA test.
                  You recognized that Brandon is the son of Mr. G~ for purposes of inheritance rights,
                  and that he may be entitled to benefits before the date of the father's written acknowledgement
                  pursuant to section 216 (h)(2)(A) of the Act. You asked the earliest date from which
                  Brandon may be paid Social Security benefits as Mr. G~' child.
               
               The Program Operations Manual System (POMS) provides that if an act or event (such
                  as the DNA lab report in this case) confers inheritance rights under applicable state
                  law, but does not legitimate/ a child, the act or event generally has effect only
                  from the date of such act or event. See POMS GN 00306.055(A)(3), 00306.075(A), 00306.080. The POMS is consistent with Agency policy, which
                  provides that an act that gives inheritance rights is generally effective only from
                  the date of that act, while an act that legitimates generally is effective retroactive
                  to the birth of the child. See Social Security Ruling 85-17. Although Arkansas law allows an illegitimate child to
                  inherit from his father once paternity has been established, the law does not legitimate
                  the child. A.C.A. § 28-9-209(d). Therefore, Brandon obtained inheritance rights on
                  July 19, 2000, the date of the DNA test report.
               
               Social Security regulations provide that a claimant who files an application for benefits
                  before the first month he meets the requirements for entitlement may receive benefits
                  from the first month he meets all the requirements. 20 C.F.R. § 404.620(a)(1) (2000).
                  Therefore, benefits should relate back to July 19, 2000. 42 U.S.C. § 416(h)(2)(A);
                  SSR 85-17.
               
               Tina M. W~
 Acting Regional Chief Counsel
               
               By:______________________
 Thomas C. S~
 Assistant Regional Counsel