R filed application for child’s social security benefits on his own earnings record on behalf of his child, C, in August 1963. His application was denied because C was not his legitimate child. R did not request a reconsideration of the determination.

R subsequently married the child’s mother. Under the law of the state in which he resided, this marriage legitimated the child as of the child’s date of birth.

In February 1965 R filed another application for child’s benefits for C. The question was whether or not the prior case could be reopened for good cause.

The happy answer was yes, because there was new and material evidence. Because of the legitimation of C, child’s benefits were awarded retroactive to the date of the first application.

See Social Security Ruling (SSR) 65-51.

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.