A person may qualify for childhood disability benefits based on the work record of a parent who is receiving social security retirement benefits. However, if an adopted child is receiving benefits based on the work record of an adoptive parent, and the adoption is later annulled, then the childhood disability benefits will terminate.
However, if an adopted child is receiving benefits based on the work record of an adoptive parent, and the adoption is later annulled, then the childhood disability benefits will terminate. This is because an annulment has the same legal effect as if the adoption had never taken place to begin with.
Social Security will look to state law to determine whether an adoption has been annulled. In a West Virginia case, a child was adopted by his grandfather, and later qualified for childhood disability benefits based on his adopted parent’s (his grandfather’s) work record when his grandfather retired and began collecting social security benefits.
Later, the child was adopted by his natural mother. Because the second adoption did not have the legal effect of nullifying the first adoption under state law, the child still qualified for benefits based on the worker's (his grandfather’s) work record.
This result is codified in Social Security Ruling (SSR) 91-6.
If you need help understanding childhood disability benefits, it often helps to consult an experienced Salt Lake City children disability attorney.
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.