20 C.F.R. § 404.345

Your relationship as wife, husband, widow, or widower under State law

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To decide your relationship as the insured's wife or husband, we look to the laws of the State where the insured had a permanent home when you applied for wife's or husband's benefits. To decide your relationship as the insured's widow or widower, we look to the laws of the State where the insured had a permanent home when he or she died. If the insured's permanent home is not or was not in one of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa, we look to the laws of the District of Columbia. For a definition of permanent home, see § 404.303. If you and the insured were validly married under State law at the time you apply for wife's or husband's benefits or at the time the insured died if you apply for widow's, widower's, mother's, or father's benefits, the relationship requirement will be met. The relationship requirement will also be met if under State law you would be able to inherit a wife's, husband's, widow's, or widower's share of the insured's personal property if he or she were to die without leaving a will.

Notes of Decisions

Cited in 25 cases (4 in the last 5 years), 1987–2025 · leading case: Georgia Slessinger v. Sec'y of Health & Human Servs., 835 F.2d 937 (1st Cir. 1987).

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Georgia Slessinger v. Sec'y of Health & Human Servs., 835 F.2d 937 (1st Cir. 1987). · cites it 2× “Under 20 C.F.R. § 404.345 , similarly, the Secretary must refer “to the laws of the State where the insured had a permanent home when he or she died” to determine whether the insured and the claimant “were validly married under State law.”

Faison v. Colvin, 187 F. Supp. 3d 190 (D.D.C. 2016). · cites it 2× “” 20 C.F.R. § 404.345 . An applicant is entitled to benefits as a widow of a person who died if, she is a widow based upon 20 C.”

Waters v. Ricketts, 48 F. Supp. 3d 1271 (D. Neb. 2015). · cites it 2× “§ 416 (h)(1)(A)©; 12 20 C.F.R. § 404.345 , 13 Similarly, the availability of benefits secured by the Family Medical Leave Act (FMLA) are determined with reference to the state of a couple’s domicile.”

Gill v. Off. of Pers. Mgmt., 699 F. Supp. 2d 374 (D. Mass. 2010). “§ 416 (h)(l)(A)(i) (defining an "applicant” for purposes of Social Security survivor and *392 death benefits as "the wife, husband, widow or widower” of an insured person "if the courts of the State" of the deceased's domicile "would find such an applicant and such insured…”

Josephine CARVER, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 869 F.2d 289 (6th Cir. 1989). · cites it 2× “20 C.F.R. § 404.345 . 2 Additionally, the Secretary determined, on both occasions, that Carver did not qualify as the “good faith” wife of Meadows, because she was not living with him at the time of his death.”

Baskin v. Bogan, 12 F. Supp. 3d 1137 (S.D. Ind. 2014). “Code 29-1-3-1 and 20 C.F.R. § 404.345 . These are benefits that Niki and/or Amy cannot receive via contractual agreements, but only through Indiana’s recognition of their marriage.”

Dragovich v. United States Dep't of the Treasury, 872 F. Supp. 2d 944 (N.D. Cal. 2012). “§ 416 (h)(1)(A)© (defining an “applicant” for purposes of Social Security survivor and death benefits as “the wife, husband, widow or widower” of an insured person “if the courts of the State” of the deceased’s domicile “would find such an applicant and such insured individual…”

Geraldine Gainey v. Jo Anne B. Barnhart, Comm'r, Soc. Sec. Admin., 299 F.3d 1004 (8th Cir. 2002). “See 20 C.F.R. § 404.345 . Moreover, because Geraldine and Leach never had a formal marriage ceremony, under federal regulations, Geraldine must demonstrate the existence of a common-law marriage, which requires evidence that: (1) the marriage was considered valid under the…”

Cunningham v. Apfel, 12 F. App'x 361 (6th Cir. 2001). “§ 416 (h)(l)(A)(i); 20 C.F.R. § 404.345 . In order to have a valid common-law marriage under Ohio law, Cunningham must prove: 1) words of present intent to create a marriage; 2) cohabitation as husband and wife; and 3) holding out to the public as man and wife.”

Charlotte Taylor-Tillotson v. Comm'r of Soc. Sec., 696 F. App'x 972 (11th Cir. 2017). “§ 416 (h)(1); *975 20 C.F.R. § 404.345 . A claimant qualifies as a widow if: (1) the courts of the state in which the insured was domiciled at the time of death would find that the claimant and the insured were validly married; or (2) under the intestacy laws of the state in…”

Scott v. Principi, 3 Vet. App. 352 (Vet. App. 1992). “50(a), (b) (1991); 20 C.F.R. § 404.345 (1991). Therefore, the findings and analysis of the SSA in reaching a conclusion that the appellant was the veteran’s widow are clearly pertinent to the appellant’s claim that she is entitled to VA pension benefits as the veteran’s…”

Jackson v. Bowen, 690 F. Supp. 58 (D.D.C. 1988). “20 C.F.R. § 404.345 (1987). There is no question here that District of Columbia law applies, or that the District of Columbia recognizes common-law marriages.”

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