20 C.F.R. § 404.350
Who is entitled to child's benefits?
(a) General. You are entitled to child's benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if—
(1) You are the insured person's child, based upon a relationship described in §§ 404.355 through 404.359;
(2) You are dependent on the insured, as defined in §§ 404.360 through 404.365;
(3) You apply;
(4) You are unmarried; and
(5) You are under age 18; you are 18 years old or older and have a disability that began before you became 22 years old; or you are 18 years or older and qualify for benefits as a full-time student as described in § 404.367.
(b) [Reserved]
Notes of Decisions
Cited in 297
cases (175 in the last 5 years), 1966–2026 · leading case: Camille v. Colvin
Camille v. Colvin (2016)
“§ 402 (d)(1); 20 C.F.R. § 404.350 . 2 . This includes, e.”
Califano v. Goldfarb (1977)
“For more elaborate descriptions of the dependency calculation, see 20 CFR § 404.350 (1976); Social Security Claims Manual, §§ 2625, 2628.”
Christopher Forrest v. Comm'r of Social Security (2014)
“20 C.F.R. § 404.350 (a)(5). Forest was twenty years old when he sustained the gunshot wound.”
Ricci v. Apfel (2001)
“) In order to receive Disabled Child’s Benefits, Plaintiff must not only prove the existence of a disabling medical impairment, but must also establish that his impairment was of disabling severity prior to the expiration of his insured status.”
Geoffrey Walton v. William A. Halter, Acting Commissioner of Social Security (2001)
“A “disability” is “the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12…”
Thompson v. Detroit Automobile Inter-Insurance Exchange (1984)
“330, and for divorced wives and divorced husbands, 20 CFR 404.331.”
Woodward v. Commissioner of Social Security (2002)
“§ 402 (d)(1); 20 C.F.R. § 404.350 . Section 402(g)(1) of 42 U.”
Vella v. Astrue (2009)
“§ 402 (d)(1)(G); see also 20 C.F.R. § 404.350 (a)(5). The Commissioner has established regulations to determine a child’s eligibility for SSI benefits: The regulations establish a three-step process.”
Wiszowaty v. Astrue (2012)
“The claimant has not been under a disability, as defined in the Social Security Act, from October 11, 2007, through the date of this decision (20 CFR 404.350(a)(5), 404.1520(c) and 416.”
In Re Marriage of Hillerman (1980)
“20 C.F.R. § 404.350 (d) (1977), concerning how to measure the contributions from a deceased insured that a widower or parent must establish to qualify for benefits, states: “‘When a person receives, and uses for his support, income from his services or property and such income,…”
Maher v. Secretary of Health & Human Services (1989)
“20 C.F.R. § 404.350 . The regulations governing child’s insurance benefits are set forth at 20 C.”
Voorhees v. Colvin (2015)
“§ 402 (d); 20 C.F.R. § 404.350 . This is considered a "child’s benefit” because it is paid on the parent's Social Security earnings record.”
— 20 C.F.R. § 404.350(a) — 2 cases
Ricci v. Apfel (2001)
“) In order to receive Disabled Child’s Benefits, Plaintiff must not only prove the existence of a disabling medical impairment, but must also establish that his impairment was of disabling severity prior to the expiration of his insured status.”
— 20 C.F.R. § 404.350(a)(5) — 36 cases
Wiszowaty v. Astrue (2012)
“The claimant has not been under a disability, as defined in the Social Security Act, from October 11, 2007, through the date of this decision (20 CFR 404.350(a)(5), 404.1520(c) and 416.”
Mandella v. Astrue (2011)
Vella v. Astrue (2009)
“§ 402 (d)(1)(G); see also 20 C.F.R. § 404.350 (a)(5). The Commissioner has established regulations to determine a child’s eligibility for SSI benefits: The regulations establish a three-step process.”
Gilbert v. Berryhill (2020)
Edwards v. Kijakazi (2022)
— 20 C.F.R. § 404.350(b) — 1 case
Thompson v. Detroit Automobile Inter-Insurance Exchange (1984)
“330, and for divorced wives and divorced husbands, 20 CFR 404.331.”
— 20 C.F.R. § 404.350(d) — 1 case
— 20 C.F.R. § 404.350(e) — 2 cases
Lamkin v. Bowen (1989)
Gray v. Gardner (1966)
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