A girl, G, aged 11 became entitled to child’s social security benefits in 1955 based on the earnings record of her deceased father. Her date of birth was December 1st, 1944.

She turned 18 on December 1st 1962. When a recipient of children’s social security benefits reaches age 18, their benefits automatically terminate unless they are under a disability.

The relevant statute provides that benefits terminate with the month before the month in which the child attains the age of 18.

The question is: did G attain age 18 on her birthday 🎂 (December 1st, 1962), or on the day before her birthday (November 30th, 1962).

Relying upon eminent sources such as Blackstone’s Commentaries and Kent’s Commentaries, administration concluded that a person attains a certain age on the day before their birthday 🎁.

This principle has application in a wide variety of scenarios in social security, such as determining: when a person becomes entitled to early retirement benefits upon attaining age 62; when a person may work for unlimited earnings without having their retirement benefits reduced by work deductions at age 72; or when a person achieves advanced age (the ripe old age of 55) for purposes of applying more favorable rules in determining disability.

See Social Security Ruling (SSR) 63-15.

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.