A mother, M, selflessly gave her child, C, to H and W to raise when circumstances prevented her from adequately caring for the child’s needs. H and W cared for the child in every respect, physically, emotionally, educationally, financially, and in every other way. In every respect, H and W treated the child as their own. However, although they met with a lawyer to discuss adopting C, the legal fees were too high, and they did not pursue the adoption during H’s lifetime.

H died in December, 1959. W continued to bring up C as her son. She applied for mother’s and child’s social security benefits in June, 1960, based on H’s earnings record. Her application was denied on the grounds that C was not legally the child of H and W.

After receiving the denial of benefits notice in July, 1960, W commenced adoption proceedings and, on September 10, 1960, the court issued a final decree of adoption declaring C as W’s legal child, W then filed for a reconsideration of the decision denying her and the child’s social security insurance benefits.

A section of the Social Security Act provided that if a child was living in the same household with a deceased worker who provided all the care for the child before passing away, and the surviving spouse adopted the child within two years of the worker’s death, the child would be deemed to be adopted by the deceased worker as of the date of his or her death.

Because the child had resided in H’s household and been fully supported by H and W before H’s death, and W had adopted C within two year’s of H’s death, W’s reconsideration application was granted and she was entitled to mother’s social security insurance benefits and C was entitled to child’s social security insurance benefits based on H’s earnings record.

Though the initial denial had been correct at the time, W’s subsequent adoption of C within the applicable time frame allowed her and the child to become retroactively entitled to benefits.

See Social Security Ruling (SSR) 61-46.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.