20 C.F.R. § 404.361

When a natural child is dependent

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(a) Dependency of natural child. If you are the insured's natural child, as defined in § 404.355, you are considered dependent upon him or her, except as stated in paragraph (b) of this section.

(b) Dependency of natural child legally adopted by someone other than the insured. (1) Except as indicated in paragraph (b)(2) of this section, if you are legally adopted by someone other than the insured (your natural parent) during the insured's lifetime, you are considered dependent upon the insured only if the insured was either living with you or contributing to your support at one of the following times:

(i) When you applied;

(ii) When the insured died; or

(iii) If the insured had a period of disability that lasted until he or she became entitled to disability or old-age benefits or died, at the beginning of the period of disability or at the time he or she became entitled to disability or old-age benefits.

(2) You are considered dependent upon the insured (your natural parent) if:

(i) You were adopted by someone other than the insured after you applied for child's benefits; or

(ii) The insured had a period of disability that lasted until he or she became entitled to old-age or disability benefits or died, and you are adopted by someone other than the insured after the beginning of that period of disability.

[64 FR 14608, Mar. 26, 1999]

Notes of Decisions

Cited in 6 cases, 1987–2015 · leading case: Thomas v. Astrue

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Thomas v. Astrue (2009) nysd · cites it 2× “20 C.F.R. § 404.361 (a) (2008). The definition of “natural child” under the Regulations includes, inter alia, a child who would “inherit the insured’s personal property as his or her child” under state intestacy laws.”

Woodward v. Commissioner of Social Security (2002) mass “355 (a)(1); 20 C.F.R. § 404.361 (a).” The voluntary acknowledgments of parentage are not part of the certification record before us.”

Beeler v. Astrue (2011) ca8 “3 The Commissioner argues that this decision was correct, because § 416(h) is the exclusive means by which an applicant can qualify as a “natural child” — that is, a “child” under the first enumeration in § 416(e).”

Steurer v. Bowen (1987) ca8 · cites it 2× “20 C.F.R. § 404.361 . Where a child is legally adopted by someone else during the insured’s lifetime, however, the child will not be “deemed dependent on his natural parent [if] at the time of his death [the natural parent] was not living with or contributing to the support of…”

Abreu v. Colvin (2015) nysd “Alternatively, an applicant is deemed to be dependent if she is deemed to be the wage earner’s child by means of one of the alternative pathways, including intestacy law, 20 C.F.R. §§ 404.361 (a) (“If you are the insured’s natural child, as defined in § 404.”

Teschner v. Commissioner of Social Security (2005) njd “20 C.F.R. § 404.361 (a)(1999). 6 . Claimant has never asserted that her mother and Jirau participated in a marriage ceremony.”

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