Understanding Who Qualifies as an Insured’s Natural Child for Benefits, § 404.355

When it comes to social security benefits, determining who qualifies as an insured’s natural child is essential for eligibility.

There are various conditions that must be met for a child to be eligible for benefits. In this blog post, we will discuss these conditions and the state laws that determine a child’s eligibility.

Eligibility as a Natural Child: A child may be eligible for benefits as the insured’s natural child if they meet any of the following conditions:

1. Inheritance rights: The child can inherit the insured’s personal property under state inheritance laws.
2. Invalid marriage: The insured’s natural child is born from a relationship where the insured and the child’s parent went through a ceremony that would have resulted in a valid marriage, except for a legal impediment.
3. Legal acknowledgment: The insured has acknowledged in writing that the child is their own, been decreed by a court as the child’s parent, or ordered by a court to contribute to the child’s support.
4. Unmarried parents: The child’s parent has not married the insured, but there is evidence that the insured is the child’s natural parent and was living with the child or contributing to their support at the time of application for benefits.

Use of State Laws: To determine a child’s eligibility, state laws on inheritance rights are considered. These laws vary depending on whether the insured is living or deceased.

1. If the insured is living: The laws of the state where the insured has their permanent home when the child applies for benefits are considered. The most beneficial version of the state law in effect during the application process will be applied.
2. If the insured is deceased: The laws of the state where the insured had their permanent home when they died are considered. The most beneficial version of the state law in effect during the application process or at the time of the insured’s death will be applied.

In both cases, certain state law requirements, such as a specified period to establish paternity or a court determination of paternity, are not applied. Instead, the standard of proof that the state court would use for a paternity determination is considered.

Example:

John, a resident of State A, has a son named Mark. John and Mark’s mother, Sarah, were never married, but they both acknowledge that Mark is John’s natural child. John has been contributing to Mark’s support and living with him since he was born.

When John becomes disabled and applies for Social Security Disability benefits, Mark’s eligibility as John’s natural child for dependent benefits is evaluated.

In this case, Mark meets the eligibility criteria under the fourth condition mentioned in the blog post: Unmarried parents. His parents never married, but there is evidence that John, the insured, is Mark’s natural father and has been living with Mark and contributing to his support.

To further establish Mark’s eligibility, state inheritance laws of State A, where John has his permanent home, will be considered. The most beneficial version of State A’s law in effect during the application process will be applied to determine if Mark has the right to inherit John’s personal property as his natural child.

If Mark is found eligible under State A’s inheritance laws, he will be considered John’s natural child for the purpose of receiving dependent benefits under John’s Social Security Disability benefits.

Conclusion: Determining who qualifies as an insured’s natural child for benefits is crucial for eligibility purposes. State laws play a significant role in this determination, and various conditions must be met for a child to be eligible. Understanding these conditions and the state laws that affect them can help ensure that the appropriate benefits are granted to eligible individuals.

https://www.ssa.gov/OP_Home/cfr20/404/404-0355.htm