C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart D—Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability

20 C.F.R. § 404.357

Who is the insured's stepchild?

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You may be eligible for benefits as the insured's stepchild if, after your birth, your natural or adopting parent married the insured. You also may be eligible as a stepchild if you were conceived prior to the marriage of your natural parent to the insured but were born after the marriage and the insured is not your natural parent. The marriage between the insured and your parent must be a valid marriage under State law or a marriage which would be valid except for a legal impediment described in § 404.346(a). If the insured is alive when you apply, you must have been his or her stepchild for at least 1 year immediately preceding the day you apply. For purposes of determining whether the conditions of entitlement are met throughout the first month as stated in § 404.352(a)(2)(i), you will be considered to meet the one year duration requirement throughout the month in which the anniversary of the marriage occurs. If the insured is not alive when you apply, you must have been his or her stepchild for at least 9 months immediately preceding the day the insured died. This 9-month requirement will not have to be met if the marriage between the insured and your parent lasted less than 9 months under one of the conditions described in § 404.335(a)(2)(i)-(iii).

[48 FR 21928, May 16, 1983, as amended at 64 FR 14608, Mar. 26, 1999; 70 FR 61365, Oct. 24, 2005]
Notes of Decisions
Cited in 12 cases, 1981–2016 · leading case: B. B. On Behalf of A. L. B. v. Richard S. Schweiker, Sec'y of Health & Human Servs., 643 F.2d 1069 (5th Cir. 1981).
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B. B. On Behalf of A. L. B. v. Richard S. Schweiker, Sec'y of Health & Human Servs., 643 F.2d 1069 (5th Cir. 1981). “This regulation has been superseded by 20 C.F.R. § 404.357 , which became effective June 15, 1979.”
Taylor v. Chater, 907 F. Supp. 306 (N.D. Ind. 1995). · cites it 5× “In an opinion dated June 22, 1994, the Appeals Council affirmed the ALJ’s decision, but reinstated the original eligibility date after determining that the one-year duration-of-marriage requirement under 20 C.F.R. § 404.357 had been met effective June of 1991.”
Elizabeth WARREN, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 868 F.2d 1444 (5th Cir. 1989). “20 C.F.R. § 404.357 . The applicant must also show that he or she was “dependent” upon the deceased wage earner and that he or she lived with or received at least one-half of his or her support from the deceased wage earner at the time of death.”
McKenzie Mary E. v. Harris, Patricia, Sec'y of Health & Human Servs. of the United States, Mary McKenzie, 679 F.2d 8 (3rd Cir. 1982). “An additional criterion for determining whether a child is the stepchild of an insured individual is set forth in 20 C.F.R. § 404.357 : You may be eligible for benefits as the insured’s stepchild if, after your birth, your natural or adopting parent married the insured.”
Bailey v. Colvin, 224 F. Supp. 3d 1249 (N.D. Ala. 2016). “§ 1109 (b) has since been super-ceded by 20 C.F.R. § 404.357 . . Unfortunately, the record does not provide any information about Ms.”
Lody-rhodes Ex Rel. Lody v. Barnhart, 343 F. Supp. 2d 660 (N.D. Ill. 2004). “363 & 20 C.F.R. § 404.357 . 2 In addition, the child must have been receiving one-half support of 12 months prior to the wage-earner’s death.”
Schoenfeld, Sheryl S v. Apfel, Kenneth S., 237 F.3d 788 (7th Cir. 2001). “That finding was based on the Council’s interpretation of 20 C.F.R. § 404.357 to mean that a child is a wage earner’s stepchild only if the wage earner married the child’s mother at a time when the relationship of parent and child already existed between the mother and child.”
Wittig Ex Rel. Peake v. Shalala, 852 F. Supp. 613 (W.D. Mich. 1994). · cites it 4× “The issues before the court are whether the Secretary used the proper legal standard in making this determination, and whether 20 C.F.R. § 404.357 , which defines the term “stepchild” as used in the Act, is constitutional.”
Korba v. Barnhart, 446 F. Supp. 2d 903 (N.D. Ill. 2006). “363 & 20 C.F.R. § 404.357 . The stepchild must also satisfy the dependency requirement of the Act by showing that he or she received at least one-half of his or her support from the insured.”
Woolf v. Comm'r of Soc. Sec., 307 F. App'x 509 (2d Cir. 2009). “A stepchild may also be eligible for child’s benefits, see 20 C.F.R. § 404.357 , but a stepchild is only considered “dependent” upon the insured if he was receiving at least one half of his support from the insured when the application for benefits was made or when the insured…”
Woolf v. Comm'r of Soc. Sec., 307 F. App'x 509 (2d Cir. 2009). “A stepchild may also be eligible for child’s benefits, see 20 C.F.R. § 404.357 , but a stepchild is only considered “dependent” upon the insured if he was receiving at least one half of his support from the insured when the application for benefits was made or when the insured…”
Moran v. Apfel (10th Cir. 1999). “See 20 C.F.R. § 404.357 . In reviewing the Commissioner’s denial of plaintiffs’ requests for benefits, we must determine whether there is substantial evidence to support the decision and whether the Commissioner correctly applied the applicable legal standards.”
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