20 C.F.R. § 404.363
When is a stepchild dependent?
If you are the insured's stepchild, as defined in § 404.357, we consider you dependent on him or her if you were receiving at least one-half of your support from him or her at one of these times—
(a) When you applied;
(b) When the insured died; or
(c) If the insured had a period of disability that lasted until his or her death or entitlement to disability or old-age benefits, at the beginning of the period of disability or at the time the insured became entitled to benefits.
Notes of Decisions
Cited in 9
cases, 1989–2009 · leading case: Taylor v. Chater
Taylor v. Chater (1995)
“§ 402 (d)(4) (1994); see 20 C.F.R. § 404.363 (c) (1995). Sam Taylor, the wage earner on whose record the child’s insurance benefits are drawn, became eligible for DIB effective July 1990.”
Elizabeth WARREN, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee (1989)
“20 C.F.R. § 404.363 . We agree with the Secretary, therefore, that the threshold issue in regard to the merits of the plaintiff’s applications on her own behalf and on behalf of her two children is that of the existence of a marriage between the plaintiff and the decedent for at…”
Reutter Ex Rel. Reutter v. Barnhart (2003)
“§ 402 (d)(4); 20 C.F.R. § 404.363 . 1 *1017 One-half support is met when the stepparent (1) makes regular contributions to the child’s living costs; (2) the contributions equal or exceed one-half of the child’s ordinary living costs; and (3) the income from other sources the…”
LODY-RHODES EX REL. LODY v. Barnhart (2004)
“§ 402 (d)(4); 20 C.F.R. § 404.363 & 20 C.F.R. § 404.357 .”
Brickey v. Bowen (1989)
“20 C.F.R. § 404.363 . Whether a stepchild was living with or dependent on a deceased wage earner is a question of fact.”
Korba v. Barnhart (2006)
“§ 402 (d)(4); 20 C.F.R. § 404.363 & 20 C.F.R. § 404.357 .”
Woolf v. Commissioner of Social Security (2009)
“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 died, see 20 C.F.R. § 404.363 . Moreover, the regulations state that “[t]he…”
Woolf v. Commissioner of Social Security (2009)
“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 died, see 20 C.F.R. § 404.363 . Moreover, the regulations state that “[t]he…”
Rita Teamer, for Marion Teamer, a Minor v. Secretary of Health and Human Services (1994)
“402 (d)(4) and 20 C.F.R. 404.363, which provide that a child is deemed to be dependent upon the wage earner if the child was living with or receiving at least one-half of his support from the wage earner at the time the application was filed.”
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