When it comes to receiving benefits from an insured person, it’s essential to understand the various relationships that can entitle you to these benefits.
According to §404.354, you may be related to the insured person in several ways, including as their child.
As a child, you can be entitled to benefits as a natural child, legally adopted child, stepchild, grandchild, stepgrandchild, or equitably adopted child. The determination of your relationship to the insured person is made based on specific criteria outlined in §§404.355 through 404.359.
If you are a natural child of the insured person, you are entitled to benefits if you are dependent on them. Similarly, if you are a legally adopted child, you are eligible for benefits if the adoption took place before the insured person became entitled to disability or retirement benefits.
In the case of a stepchild, you can receive benefits if you are a dependent stepchild and have lived with the insured person for at least one year before their disability or retirement. Additionally, if you are a grandchild or stepgrandchild, you may be entitled to benefits if you are a dependent and your parents are deceased, disabled, or have not provided support for the past year.
Finally, if you are an equitably adopted child, you may be entitled to benefits if you can show that you have a significant relationship with the insured person, and they have provided you with financial support and care.
Example: Let’s say that John is a retired worker who has been receiving Social Security retirement benefits for several years. John has a natural child named Sarah and a stepchild named Emily.
Sarah is dependent on John and is therefore entitled to benefits as his natural child. Emily, on the other hand, can receive benefits as John’s stepchild if she has lived with him for at least one year before his retirement and is also dependent on him.
If John had legally adopted Emily before he started receiving retirement benefits, she would be eligible for benefits as his legally adopted child. Similarly, if Sarah’s parents were both deceased, disabled, or had not provided support for the past year, she would be entitled to benefits as John’s grandchild.
Finally, if John had an equitably adopted child who was not related to him by blood or marriage but had a significant relationship with him and had been supported financially and emotionally by him, that child would also be entitled to benefits.
In short, the type of relationship you have with the insured person determines your eligibility for benefits, and understanding the criteria outlined in §404.354 can help you determine whether you qualify for benefits or not.
In conclusion, knowing your relationship to the insured person is crucial when it comes to receiving benefits. Understanding the criteria outlined in §§404.355 through 404.359 can help you determine your eligibility and ensure you receive the benefits you are entitled to.
https://www.ssa.gov/OP_Home/cfr20/404/404-0354.htm
At Hugo Fierro & Michael Perez, we offer specialized expertise to help you navigate the complexities of your Social Security disability claim. Our team is dedicated to providing you with the support and guidance you need to understand the intricacies of the process and achieve the best possible outcome.