In the realm of Social Security benefits, the importance of providing evidence of marriage can’t be overstated.
This could apply to you if you’re filing for benefits as the spouse, widow, widower, or divorced spouse of the insured individual. In this blog post, we’ll break down the specific provisions of the Social Security Administration’s (SSA) regulations, specifically Section 404.723, which deals with when and why evidence of marriage is required.
1. When Is Evidence of Marriage Required?
According to § 404.723, evidence of marriage is necessitated if you apply for benefits in any of the following capacities: as the insured person’s spouse (current or divorced), widow or widower. This provision can also come into play if you’re applying for a child’s benefits or for the lump-sum death payment as the widow or widower of the insured person.
2. What If You Remarried?
If you’re a widow, widower, or divorced spouse who has remarried following the end of your marriage to the insured person, the SSA may request evidence of this subsequent marriage as well.
3. Evidence of Someone Else’s Marriage
There might be instances where you’d be asked to provide evidence of another person’s marriage, particularly if it’s crucial to establish the validity of your marriage to the insured person.
4. Jurisdiction of Marriage Validation
To determine the validity of the marriage to the insured person, the SSA would follow the laws of the State where the insured person had his or her permanent residence at the time of your application or, if earlier, at the time of his or her death.
5. Types of Marriages
The type of evidence required by the SSA will depend on the nature of the insured person’s marriage. This could be a ceremonial marriage, a common-law marriage, or a marriage that the SSA will deem to be valid.
Example: Jane and John’s Story
Jane and John were married in 1975 in the state of Texas, where they lived together for several years. John was insured under the Social Security system due to his long-standing career in teaching.
In 1995, Jane and John got divorced. Jane then moved to California and remarried in 1998. However, her second husband passed away in 2000. Jane never remarried after this.
John passed away in 2022. Jane, who was still living in California, decided to apply for widow’s benefits on John’s Social Security record in 2023. Given this situation, here’s how § 404.723 of the Social Security regulations would apply:
1. Evidence of Marriage: Jane would be required to provide evidence of her marriage to John since she’s applying for benefits as John’s divorced spouse and widow. This evidence could be their marriage certificate or any other legal document proving their marriage.
2. Remarriage: The SSA might ask Jane for evidence of her remarriage after her divorce from John. This could involve her second marriage certificate or any legal documents pertaining to her second marriage.
3. Determining Validity: In this case, the SSA would refer to the laws of Texas—where John had his permanent residence when he died—to determine the validity of their marriage.
4. Types of Marriage: Since Jane and John had a ceremonial marriage, she might be required to provide a marriage certificate or similar documentation as evidence of their marriage.
Remember, this is a simplified example, and actual cases can be much more complex. Consulting with a professional who understands Social Security regulations can be very helpful in situations like these.
In conclusion, understanding § 404.723 of the Social Security regulations is key to navigating the complexities of applying for benefits. Always remember that each case is unique and the type of evidence you may need to provide can vary. Consult with a knowledgeable professional if you need assistance in interpreting these rules and applying them to your particular situation.
https://www.ssa.gov/OP_Home/cfr20/404/404-0723.htm
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