An infographic depicting the evidence requirements for different child categories when applying for benefits.

§ 404.736: Evidence of a Child’s Dependency for Benefits Application

Section 404.736: Evidence of a Child’s Dependency for Benefits Application

When applying for child’s benefits, the Social Security Administration (SSA) may request evidence of the child’s dependency on the insured individual. The evidence required depends on the child’s relationship to the insured individual, such as being a natural or adopted child, stepchild, grandchild, or step-grandchild. Here’s what you need to know about each category:

When is evidence of a child’s dependency needed?

If you are applying for child’s benefits, the SSA may ask for evidence of your dependency on the insured person. The SSA usually requires this evidence at the time of application or at the time the insured individual died or became disabled.

Natural or Adopted Child

If you are the natural or adopted child of the insured individual, you may be asked to provide the following:

  1. Statement of Relationship: A signed statement from a knowledgeable person confirming your relationship to the insured. This statement should also indicate whether you were legally adopted by someone other than the insured. If you were adopted by someone else during the insured person’s lifetime but the adoption was later annulled, you may need to provide a certified copy of the annulment decree or other strong evidence of the annulment.
  2. Residential and Financial Support History: A signed statement from a reliable source that illustrates when and where you lived with the insured, the reasons you may have lived apart, and the nature of the contributions the insured individual made towards your support.

Stepchild

If you are the stepchild of the insured person, the SSA will ask for the following:

  1. Residential History: A signed statement from someone knowledgeable showing when and where you lived with the insured, and the reasons you may have lived separately.
  2. Financial Support Evidence: A signed statement from a reliable source showing that you received at least half of your support from the insured for the one-year period ending at one of the times mentioned in the previous section, as well as any income and support you received from other sources during this period.

Grandchild or Stepgrandchild

If you are the grandchild or step-grandchild of the insured person, the SSA will request:

  1. Residential and Financial Support History: Evidence that you were living with the insured and receiving at least half of your support from them for the year before the insured became entitled to benefits, disabled, or died.
  2. Parent’s Status Evidence: The SSA will also ask for evidence of your parent’s death or disability.

Case Study: Applying for Child’s Benefits as a Stepchild

Let’s take an example of John, who is applying for child’s benefits as a stepchild of the insured person, Maria.

Step 1: When is evidence of a child’s dependency needed?

John decides to apply for child’s benefits after Maria, his stepmother, becomes disabled. At this time, the Social Security Administration (SSA) would ask John for evidence proving his dependency on Maria.

Step 2: Stepchild

As a stepchild, John needs to provide specific evidence to support his claim:

  1. Residential History: John provides a signed statement from his school counselor, who is aware of his living situation. The statement outlines that John has been living with Maria for the past five years, ever since his father’s death. It also explains that the only time John lived apart from Maria was during a summer exchange program, which lasted three months.
  2. Financial Support Evidence: John then provides a statement from Maria’s financial advisor. The statement shows that Maria has been supporting John financially for the past year. It includes details of Maria’s bank transfers to John’s account, which covered more than half of his total support, including school fees, healthcare, clothing, and other daily expenses. The statement also mentions that the only other financial support John received during this period was a small monthly stipend from a part-time job.

By providing these two pieces of evidence, John is able to demonstrate his dependency on Maria, thus substantiating his claim for child’s benefits.

In conclusion, understanding and providing the necessary evidence as per your relationship with the insured individual is critical when applying for child’s benefits. Always ensure you have the necessary documentation in order to expedite the process.

https://www.ssa.gov/OP_Home/cfr20/404/404-0736.htm

At Hugo Fierro & Michael Perez, we comprise a team of highly committed professionals possessing extensive knowledge in the intricate aspects surrounding Social Security disability claims. Our collective expertise enables us to provide tailored guidance and unwavering support to our esteemed clients. With profound proficiency, we adeptly navigate the multifaceted intricacies inherent in each case, guaranteeing the delivery of invaluable insights and personalized assistance to effectively address your distinct needs. We take great pride in our ability to leverage our comprehensive understanding of this complex field, ensuring that you receive the utmost level of service and assistance.

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