20 C.F.R. § 404.351

Who may be reentitled to child's benefits?

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If your entitlement to child's benefits has ended, you may be reentitled on the same earnings record if you have not married and if you apply for reentitlement. Your reentitlement may begin with—

(a) The first month in which you qualify as a full-time student. (See § 404.367.)

(b) The first month in which you are disabled, if your disability began before you became 22 years old.

(c) The first month you are under a disability that began before the end of the 84th month following the month in which your benefits had ended because an earlier disability had ended; or

(d) With respect to benefits payable for months beginning October 2004, you can be reentitled to childhood disability benefits at anytime if your prior entitlement terminated because you ceased to be under a disability due to the performance of substantial gainful activity and you meet the other requirements for reentitlement. The 84-month time limit in paragraph (c) in this section continues to apply if your previous entitlement to childhood disability benefits terminated because of medical improvement.

[44 FR 34481, June 15, 1979, as amended at 48 FR 21927, May 16, 1983; 61 FR 38363, July 24, 1996; 71 FR 66865, Nov. 17, 2006]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1970–2024 · leading case: Carmen M. SUAREZ, Plaintiff, Appellee, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellant, 755 F.2d 1 (1st Cir. 1985).

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Carmen M. SUAREZ, Plaintiff, Appellee, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellant, 755 F.2d 1 (1st Cir. 1985). “1980), relied on by the district court, as being fatally flawed, not only in disregarding all but one of the cases cited in the text and the legislative history, but in seeking support in a reentitlement regulation, 20 C.F.R. § 404.351 . The most favorable part of this…”

Collins v. Finch, 311 F. Supp. 301 (W.D. Pa. 1970). · cites it 2× “351 of the Regulations, 20 C.F.R. § 404.351 , provides: “(a) For purposes of sections * * 202(e) (1) (D) * * * of the Act, the term ‘written agreement’ means an agreement signed by the former husband providing for substantial contributions by him for the claimant’s support.”

Perkins v. Comm'r of Soc. Sec. (N.D. Ohio 2024). “(2) While the Administrative Law Judge found the claimant not disabled from July 13, 1987, entitlement to childhood disability benefits begins at age 18 (20 CFR 404.351 and 404.352). The claimant was born on July 13, 1987 and attained age 18 on July 12, 2005.”

Jegart v. Sullivan (10th Cir. 1998). “§ 402 (d)(6); 20 C.F.R. § 404.351 . Plaintiff began receiving child disability benefits in 1983.”

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