In January 1961 R and his wife applied with an adoption agency to adopt a child. They were approved several weeks later. In December 1962, the agency placed a newly-born child, C, with the couple.

R applied for social security disability benefits and was found to have become disabled in August 1962. At the time, there was a six-month waiting period, so that R’s entitlement to benefits began in March 1963.

In July 1963 R and his wife began legal proceedings to adopt C. In November 1963, the adoption was finalized.

On January 10th 1964 R filed application for child’s social security benefits for C, based on his work record and his disability.

In order for C to qualify as R’s child, R must have adopted the child within 24 months following the month after his disability entitlement and must have begun adoption proceedings before his disability onset date.

The reader for this requirement was to ensure adoptive intent; or in other words, to safeguard against subsequent adoptions with the primary intent of accessing financial benefits.

C met all these requirements and, therefore, was entitled to child’s benefits beginning November 1963, when he was legally adopted by R and his wife.

See Social Security Ruling (SSR) 65-18.

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.