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R filed an application for old age social security insurance benefits in August 1965. In June 1967 R legally adopted his grandchild C, who had been living with him and whom he had been wholly supporting since January 1965. Prior to that time C had been supported by her mother and had been placed in an orphanage from November 1964 to January 1965. R provided no support to C before January 1965.
An application for child’s social security insurance benefits was filed on behalf of C in July 1967.
In order for C to qualify for benefits on R’s earnings record, the adoption must have been completed within 24 months from the month after the month in which R became entitled to benefits. This requirement was met.
However, in addition, C must have been receiving at least one-half of his support from R for the year preceding the date R became entitled to social security retirement benefits.
Because C had only been receiving support from R for 7 months prior to R’s entitlement to benefits, this part of the test was not met and C was not entitled to benefits.
The rationale for the children’s benefits rule on providing one-half of the child’s support for a year is to ensure the child has a safety net if he or she has lost a means of support, such as when a parent passes away.
See Social Security Ruling (SSR) 69-17.
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.
When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.