SSR 83-36a: SECTION 202(d)(6) (42 U.S.C. 402(d)(6)) CHILD'S INSURANCE BENEFITS -- REENTITLEMENT -- MARRIAGE AS A BAR TO REENTITLEMENT
20 CFR 404.351
SSR 83-36a
- The claimant's entitlement to child's insurance benefits, based on disability, terminated pursuant to section 202(d)(1)(G) of the Social Security Act (the Act) when her disability ceased. Following the termination of her entitlement, the claimant married a man entitled to disability insurance benefits in August 1980. When she reapplied for child's insurance benefits on her father's earnings record, her application was denied because she was engaged in substantial gainful activity. On appeal, an administrative law judge (ALJ) found that her disability had resumed in September 1980. Held, under section 202(d)(6) of the Act, the claimant's marriage precluded her from becoming reentitled to child's insurance benefits on her father's earnings record.
The issue before the Appeals Council was whether the claimant's marriage precluded her from becoming reentitled to child's insurance benefits on her father's earnings record.
The claimant, born January 24, 1942, began receiving child's insurance benefits on her father's earnings record on the basis of disability effective January 1964. It was subsequently determined that her disability had ceased in January 1980; therefore, her last month of entitlement to those benefits was March 1980. On August 9, 1980, the claimant married a man entitled to disability insurance benefits. When the claimant reapplied for child's insurance benefits on her father's earnings record, her application was denied because it was determined that she was engaged in substantial gainful activity. On appeal, an ALJ found that the claimant's disability had resumed on September 15, 1980, when she stopped working. The ALJ concluded that the claimant was again entitled to child's insurance benefits on her father's earnings record as of September 1980.
Section 202(d)(1)(D) of the Act provides that a child's entitlement to child's insurance benefits shall end with the month before the month in which such child dies or marries.
Section 202(d)(1)(G) of the Act provides, in pertinent part, that a child's entitlement to child's insurance benefits on the basis of disability shall end with the second month following the month in which the child's disability ends.
Section 202(d)(5) of the Act provides, in pertinent part, that, in the case of a child who has attained the age of 18 and who marries an individual entitled to disability insurance benefits under section 223(a) of the Act, ". . . such child's entitlement to benefits under this subsection shall, notwithstanding the provisions of paragraph (1), . . . not be terminated by reason of such marriage . . ."
Section 202(d)(6) of the Act provides, in pertinent part, that, if certain requirements are met, a child whose entitlement to child's insurance benefits has terminated may again become entitled to such benefits (provided no event specified in section 202(d)(1)(D) has occurred) beginning with the first month thereafter in which such child is under a disability which began before the close of the 84th month following the month in which the child's most recent entitlement to child's insurance benefits terminated because the child ceased to be under a disability. The two events specified in section 202(d)(1)(D) of the Act are death and marriage.
The Appeals Council did not revise the ALJ's finding that the claimant's disability had resumed in September 1980. It did, however, disagree with the ALJ's conclusion that the claimant could again become entitled to child's insurance benefits on her father's earnings record. Under section 202(d)(5) of the Act, the entitlement of a claimant to child's insurance benefits will not terminate if the claimant marries an individual entitled to disability insurance benefits. The claimant, however, was not entitled to child's insurance benefits when she married her husband. Under section 202(d)(6) of the Act, that marriage precluded her from becoming reentitled to child's insurance benefits on her father's earnings record. Since marriage bars reentitlement to child's insurance benefits, the status of the claimant's husband as an individual entitled to disability insurance benefits was irrelevant. Consequently, in reversing the ALJ's decision, the Appeals Council held that the claimant's marriage precluded her reentitlement to child's insurance benefits on her father's earnings record.
Back to Table of Contents