A claimant for child’s social security disability benefits was married at age 15. She was found to be the dependent of her father when he passed away. She divorced a few months before turning 18 years of age. The next month an application for child’s social security disability insurance benefits was filed on her behalf, based on her deceased parent’s work record. It was held that, for purp

oses of the Social Security Act, she was unmarried. This is because she was single at the time of the filing of her disability application. Thus, she was entitled to benefits if all the other criteria were met.

Another claimant filed for child’s social security disability insurance benefits based on his deceased parent’s work record after attaining 18 years of age. His application was denied because he was married at the time. He later divorced and filed a new application for child’s disability insurance benefits. For purposes of his second application he was unmarried. Thus, he qualified for benefits if all the other criteria were met.

See Social Security Ruling (SSR 60-1).

A disabled person may apply for disabled child’s disability benefits based on a deceased, retired, or disabled parent’s work record if they are unmarried and can show they became disabled prior to age 22.

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.