20 C.F.R. § 404.374
Parent's relationship to the insured
You may be eligible for benefits as the insured person's parent if—
(a) You are the mother or father of the insured and would be considered his or her parent under the laws of the State where the insured had a permanent home when he or she died;
(b) You are the adoptive parent of the insured and legally adopted him or her before the insured person became 16 years old; or
(c) You are the stepparent of the insured and you married the insured's parent or adoptive parent before the insured became 16 years old. The marriage must be valid under the laws of the State where the insured had his or her permanent home when he or she died. See § 404.303 for a definition of permanent home.
Notes of Decisions
Cited in 2
cases, 1981–2017 · leading case: Martin J. Giacone v. Richard S. Schweiker, 656 F.2d 1238 (7th Cir. 1981).
Martin J. Giacone v. Richard S. Schweiker, 656 F.2d 1238 (7th Cir. 1981). “See 20 CFR § 404.374 (1979). A worker’s “primary insurance amount” is computed on the basis of that individual’s “average monthly wage,” see 20 CFR § 404.”
Hobbs v. Winfield, 805 S.E.2d 74 (Ga. 2017). “In fact, dependent parents may also be entitled to veterans survivor benefits (see 38 USC § 5121 (a) (2) (C)) and Social Security benefits (see 20 CFR § 404.374 ). Reference to dependents who may be entitled to government survivor benefits no more indicates the testator…”
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