20 C.F.R. § 404.358

Who is the insured's grandchild or stepgrandchild?

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(a) Grandchild and stepgrandchild defined. You may be eligible for benefits as the insured's grandchild or stepgrandchild if you are the natural child, adopted child, or stepchild of a person who is the insured's child as defined in §§ 404.355 through 404.357, or § 404.359. Additionally, for you to be eligible as a grandchild or stepgrandchild, your natural or adoptive parents must have been either deceased or under a disability, as defined in § 404.1501(a), at the time your grandparent or stepgrandparent became entitled to old-age or disability benefits or died; or if your grandparent or stepgrandparent had a period of disability that continued until he or she became entitled to benefits or died, at the time the period of disability began. If your parent is deceased, for purposes of determining whether the conditions of entitlement are met throughout the first month as stated in § 404.352(a)(2)(i), your parent will be considered to be deceased as of the first day of the month of death.

(b) Legally adopted grandchild or stepgrandchild. If you are the insured's grandchild or stepgrandchild and you are legally adopted by the insured or by the insured's surviving spouse after his or her death, you are considered an adopted child and the dependency requirements of § 404.362 must be met.

[44 FR 34481, June 15, 1979, as amended at 48 FR 21928, May 16, 1983]
Notes of Decisions
Cited in 2 cases, 1984–2011 · leading case: Schafer v. Astrue
Schafer v. Astrue (2011) ca4 · cites it 2× “If § 416(e) overrides the majority's mistaken view of § 416(h)(2)(A) in the exotic case of stepgrandchildren—that is, if one accepts the Commissioner's position, as stated at 20 C.F.R. 404.358, and acknowledge that a stepgrandchild is entitled to benefits regardless of his or…”
Simmons ex rel. Simmons v. Heckler (1984) wvsd “20 C.F.R. § 404.358 (a). Furthermore, in Social Security ruling 74-24 the Secretary held that the term grandchild as used in Section 402(d)(8)(D)(ii) was not intended to include a great-grandchild.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.