W became entitled to mother’s social security insurance benefits in September 1957 based on the earnings record of her deceased husband, H-1.

In December 1961 W remarried to H-2. Her entitlement to mother’s benefits on H-1’s earnings record terminated effective the month of her remarriage.

In December 1962 W obtained a decree of annulment of her marriage to H-2. The Connecticut Court that issued the decree did not award W any alimony.

W sought to reinstate her mother’s benefits following the annulment. A Hearing Examiner denied her request. The Appeals Council for social security, on its own motion, sought review the decision. W and her attorney were informed of their rights on appeal.

The Appeals Council determined that pursuant to the reasoning of a federal circuit court decision, the fact that no alimony was awarded to W was an important factor in deciding whether it not to reinstate W’s benefits.

Under Connecticut law, W could not petition for future alimony from H-2 where the court had made no initial alimony award.

Because of this fact, the Appeals Council determined that W’s benefits must be reinstated. However, the effective date of reinstatement was December 1961, the date of the decree of annulment.

The reason the reinstatement could not take effect in December 1961, even though W’s marriage to H-2 was annulled, was because the marriage was voidable. During the time W was together with H-2, she had legal rights to support from him.

See Social Security Ruling (SSR) 65-3a.

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.