M became pregnant while married to Q. She divorced him while still pregnant, and remarried less than two months later, on May 11, 1944. The child, C, was born on July 13, 1944, while M married to her second husband, P. P died on May 20th, 1945. In 1959, an application for child’s benefits was filed on behalf of C, based on P’s earnings record.

Under Social Security law, a stepchild is entitled to benefits on the stepparent’s earnings record if they have been that person ‘s stepchild for not less than one year immediately preceding that person’s death.

The child was considered a human being while still in the womb, and was thus P’s stepchild for more than a year prior to P’s death.

Held: C was entitled to child’s benefits based on P’s earnings record.

Wise and humane decision that values life, in my opinion.

See Social Security Ruling (SSR) 60-9.

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.