R applied for social security disability insurance benefits in April 1957. Her claim was disallowed.

R cared for a disabled child, C. She adopted C pursuant to a decree of adoption that became final in January 1961.

R filed for a reconsideration of her disability denial in June 1960. It is not clear why she was able to do this more than three years after her initial disability application was denied. But social security found her disabled as of July 1957.

R applied for child’s social security benefits for C in March 1961.

Because C was an adopted child, in order to qualify for benefits, R must have adopted him within twenty-four month following the month after she first became entitled to benefits.

R argued that the earliest date she became entitled to benefits was June 1960 when she received a favorable disability decision from the social security administration.

But it was determined that by the plain language of the regulations R’s first date of entitlement date was not the date of the favorable decision but the date she was determined to have become disabled.

Thus, her application for child’s benefits was denied.

See Social Security Ruling (SSR) 65-35c.

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.