You are entitled to benefits as the wife or husband of an insured person who is entitled to old-age or disability benefits if—
(a) You are the insured's wife or husband based upon a relationship described in §§ 404.345 through 404.346 and one of the following conditions is met:
(1) Your relationship to the insured as a wife or husband has lasted at least 1 year. (You will be considered to meet the 1-year duration requirement throughout the month in which the first anniversary of the marriage occurs.)
(2) You and the insured are the natural parents of a child; or
(3) In the month before you married the insured you were entitled to, or if you had applied and been old enough you could have been entitled to, any of these benefits or payments: Wife's, husband's, widow's, widower's, or parent's benefits; disabled child's benefits; or annuity payments under the Railroad Retirement Act for widows, widowers, parents, or children 18 years old or older;
(b) You apply;
(c) You are age 62 or older throughout a month and you meet all other conditions of entitlement, or you are the insured's wife or husband and have in your care (as defined in §§ 404.348 through 404.349), throughout a month in which all other conditions of entitlement are met, a child who is entitled to child's benefits on the insured's earnings record and the child is either under age 16 or disabled; and
(d) You are not entitled to an old-age or disability benefit based upon a primary insurance amount that is equal to or larger than the full wife's or husband's benefit.
[44 FR 34481, June 15, 1979; 44 FR 56691, Oct. 2, 1979, as amended at 45 FR 68932, Oct. 17, 1980; 48 FR 21926, May 16, 1983]
Notes of Decisions
Thompson v. Detroit Auto. Inter-Ins. Exch., 344 N.W.2d 764 (Mich. 1984).
· cites it 4× “[8] A divorced spouse only receives disability payments if the spouse was married to the injured worker for at least 10 years immediately before the divorce, is not married, and is deemed to have difficulty working because of being 62 years old.”
Jarosz v. Detroit Auto. Inter-Ins. Exch., 345 N.W.2d 563 (Mich. 1984).
· cites it 2× “If Jarosz's post-retirement job paid, say, $35,000 per year, he would not have been entitled to any social security retirement benefits although he was 65.”
In re the Marriage of Taber, 280 P.3d 234 (Kan. Ct. App. 2012).
“20 C.F.R. § 404.330 (2011). The amount of the benefit is directly related to the amount the insured has paid into the program.”
Marian Ward v. Cleta Ward Stratton, 988 F.2d 65 (8th Cir. 1993).
“See 20 C.F.R. §§ 404.330 , 345, 346. By contrast, the insured can name anyone as the beneficiary of his Federal Employees’ Group Life Insurance Policy.”
In re Marriage of Stephenson & Papineau, 358 P.3d 86 (Kan. 2015).
“at 542-43 ; see 20 C.F.R. § 404.330 (2015) (indicating insured persons who suffer from a physical or mental disability and are no longer able to work are entitled to benefits from the SSA insurance program in the form of SSDI payments to themselves and their minor children); see…”
Knott v. Barnhart, 269 F. Supp. 2d 1228 (E.D. Cal. 2003).
“See 20 C.F.R. § 404.330 — 404.335; 42 U.S.C. § 416 (a)-(h).”
Grubart v. Shalala, 913 F. Supp. 243 (S.D.N.Y. 1996).
· cites it 2× “§§ 405 (g) (“the Act”), to review a final decision of the Secretary of Health and Human Services that plaintiff was entitled under the Act to an award of wife’s benefits for the period beginning in November 1990 (the month she applied) but not to such benefits beginning in…”
Crowe v. Heckler, 614 F. Supp. 1389 (D. Vt. 1985).
· cites it 3× “§ 402 (b) and (d), and since the dependent benefits flow directly from the wage earner’s entitlement to benefits, 20 CFR 404.330 et seq.; 404.350 et seq., Plaintiffs claim that their right to dependent benefits is clear.”
Fontana v. Callahan, 999 F. Supp. 304 (E.D.N.Y 1998).
“, 20 C.F.R. § 404.330 — 404.335; 42 U.S.C. § 416 (a)-(h).”
Hobbs v. Winfield, 805 S.E.2d 74 (Ga. 2017).
“See 38 USC § 5121 (a) (2) (A) (establishing eligibility for veterans benefits to the surviving spouse); 20 CFR § 404.330 (establishing eligibility for Social Security Administration old-age or disability *26 benefits for the spouse of an insured person).”
Sarah Brown v. Carolyn Colvin, 662 F. App'x 498 (9th Cir. 2016).
“§ 402 (b)(1); 20 C.F.R. § 404.330 . An applicant is the wife of the insured “if the courts of the State in which such insured individual is domiciled at the time such applicant files an application .”
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