20 C.F.R. § 404.344
Your relationship by marriage to the insured
You may be eligible for benefits if you are related to the insured person as a wife, husband, widow, or widower. To decide your relationship to the insured, we look first to State laws. The State laws that we use are discussed in § 404.345. If your relationship cannot be established under State law, you may still be eligible for benefits if your relationship as the insured's wife, husband, widow, or widower is based upon a deemed valid marriage as described in § 404.346.
Notes of Decisions
Cited in 4
cases, 1998–2020 · leading case: Snetsinger v. Montana Univ. Sys., 2004 MT 390 (Mont. 2004).
Snetsinger v. Montana Univ. Sys., 2004 MT 390 (Mont. 2004). “¶134 Administrative determination of common-law marriage based upon the law of the applicant’s domicile occurs in a variety of other public and private benefit contexts as well, including Social Security, 20 C.”
Isenberg v. Saul (W.D. Pa. 2020). “§ 416 (h)(1)(A); 20 C.F.R. § 404.344 ; Visconti v. Sec. of Health, Ed.”
Branch v. SSA, 2018 DNH 070 (D.N.H. 2018). “§ 416 (h)(1)(A)(i); 20 C.F.R. §§ 404.344 , 404.345. An applicant’s common law marriage to an insured individual, if recognized in the domicile state, can operate as a valid marriage for purposes of obtaining widow’s insurance benefits.”
Brougham v. Apfel (10th Cir. 1998). “See 20 C.F.R. §§ 404.344 , 404.345, 404.726. Preferred evidence of a common-law marriage with a deceased consists of signed statements from the applicant and two of the deceased’s blood relatives.”
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