20 C.F.R. § 404.339

How do I become entitled to mother's or father's benefits as a surviving spouse?

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You may be entitled as the widow or widower to mother's or father's benefits on the earnings record of someone who was fully or currently insured when he or she died. You are entitled to these benefits if—

(a) You are the widow or widower of the insured and meet the conditions described in § 404.335(a);

(b) You apply for these benefits; or you were entitled to wife's benefits for the month before the insured died;

(d) You are not entitled to widow's or widower's benefits, or to an old-age benefit that is equal to or larger than the full mother's or father's benefit; and

(e) You have in your care the insured's child who is entitled to child's benefits and he or she is under 16 years old or is disabled. Sections 404.348 and 404.349 describe when a child is in your care.

[44 FR 34481, June 15, 1979, as amended at 48 FR 21927, May 16, 1983; 73 FR 40967, July 17, 2008]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1987–2026 · leading case: Woodward v. Comm'r of Soc. Sec., 435 Mass. 536 (Mass. 2002).

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Woodward v. Comm'r of Soc. Sec., 435 Mass. 536 (Mass. 2002). “§ 402 (g)(1); 20 C.F.R. § 404.339 (2001). Thus, the wife’s eligibility for Social Security survivor benefits hinges on her children’s eligibility for such benefits.”

Georgia Slessinger v. Sec'y of Health & Human Servs., 835 F.2d 937 (1st Cir. 1987). “§ 402 (g)(1) and 20 C.F.R. § 404.339 , a widow may continue to receive mother’s insurance benefits only as long as she remains unmarried.”

Jordan v. Mitchell, 705 So. 2d 453 (Ala. Civ. App. 1997). “See 20 C.F.R. Parts 404.339, 404.341. This Court will not now allow her to accomplish indirectly that which she cannot do directly, namely obtain an equitable property division pursuant to a divorce.”

Elizabeth WARREN, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 868 F.2d 1444 (5th Cir. 1989). “20 C.F.R. § 404.339 (e). An applicant for surviving child’s insurance benefits as the stepchild of a deceased wage earner must show that his or her natural parent married the wage earner and remained in that status for at least the same nine-months period described above.”

Harvey WOLCHUCK, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 871 F.2d 869 (9th Cir. 1989). “This section provides, in pertinent part, that the surviving spouse of an individual who died fully or currently in *871 sured is entitled to father’s benefits if he is not married, is not entitled to a surviving spouse benefit or old age benefits, has filed an application for…”

Bailey (D. Utah 2026). · cites it 2× “§ 402 (b)(1)(B), (D), 402(s); 20 C.F.R. § 404.339 (e). 15 (See Comm’r’s Br.”

Melissa Cohan v. Comm'r of Soc. Sec. (6th Cir. 2020). “20 C.F.R. § 404.339 . This monthly benefit is subject to an annual earnings limit, meaning the amount of benefits a claimant receives each month may be reduced if the claimant’s income surpasses the applicable earnings limit for the year in which the benefits are received.”

Gardner v. Comm'r of Soc. Sec. (W.D. Wash. 2023). “20 C.F.R. § 404.339 . The regulations state, in relevant part, that a claimant is 18 considered the insured’s widow if she was the wife of the insured “for at least 9 months 19 immediately before the insured died.”

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