R and W lived together as husband and wife for several years until R passed away unexpectedly. R had a prior marriage that had never been dissolved.

At the time of R’s passing, W was pregnant with their child. R had been supporting W and residing in the same household with her at the time of his death.

W applied for child’s social security benefits after the child was born. The question was whether or not R could be considered to have been living in the Sam household with and providing support for the unborn child at the time of his death.

Fortunately, the answer was yes, and the child was awarded child’s social security benefits based on R’s earnings record.

See Social Security Ruling (SSR) 68-22.

Of course, this ruling means that a major agency of the United States government recognizes that an unborn child is a living person entitled to consideration under its rules and regulations.

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.