20 C.F.R. § 404.359

Who is the insured's equitably adopted child?

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You may be eligible for benefits as an equitably adopted child if the insured had agreed to adopt you as his or her child but the adoption did not occur. The agreement to adopt you must be one that would be recognized under State law so that you would be able to inherit a child's share of the insured's personal property if he or she were to die without leaving a will. The agreement must be in whatever form, and you must meet whatever requirements for performance under the agreement, that State law directs. If you apply for child's benefits after the insured's death, the law of the State where the insured had his or her permanent home at the time of his or her death will be followed. If you apply for child's benefits during the insured's life, the law of the State where the insured has his or her permanent home at the time or your application will be followed.

Notes of Decisions

Cited in 4 cases, 1992–2012 · leading case: Reutter Ex Rel. Reutter v. Barnhart, 372 F.3d 946 (8th Cir. 2004).

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Reutter Ex Rel. Reutter v. Barnhart, 372 F.3d 946 (8th Cir. 2004). · cites it 3× “§ 402 (d)(4), and in the alternative that Destiny also qualified for child’s insurance benefits because Carlson had equitably adopted her within the meaning of 20 C.F.R. § 404.359 . The district court re *950 manded for an award of benefits, and the Commissioner appeals.”

Astrue v. Capato Ex Rel. B. N. C., 132 S. Ct. 2021 (2012). “-8-9, 54; see 20 CFR §404.359 (2011) (an equitably adopted child may be eligible for benefits if the agreement to adopt the child would be recognized under state law as enabling the child to inherit upon the intestate death of the adopting parent).”

Reutter Ex Rel. Reutter v. Barnhart, 255 F. Supp. 2d 1013 (D.N.D. 2003). · cites it 2× “20 C.F.R. § 404.359 North Dakota law recognizes the concept of equitable adoption.”

Matthews ex rel. Matthews v. Sec'y of Health & Human Servs., 810 F. Supp. 587 (Cir. Ct. Del. 1992). · cites it 2× “If you apply for child’s benefits during the insured’s life, the law of the State where the insured had his or her permanent home at the time of your application will be followed.”

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