(a) When evidence is needed that a marriage has ended. If you apply for benefits as the insured person's divorced wife or divorced husband, you will be asked for evidence of your divorce. If you are the insured person's widow or divorced wife who had remarried but that husband died, we will ask you for evidence of his death. We may ask for evidence that a previous marriage you or the insured person had was ended before you married each other if this is needed to show the latter marriage was valid. If you apply for benefits as an unmarried person and you had a marriage which was annulled, we will ask for evidence of the annulment. We will ask for the evidence described in this section.
(b) Preferred evidence. Preferred evidence a marriage has ended is—
(1) A certified copy of the decree of divorce or annulment; or
(2) Evidence the person you married has died (see § 404.720).
(c) Other evidence a marriage has ended. If you cannot obtain preferred evidence the marriage has ended, we will ask you to explain why and to give us other convincing evidence the marriage has ended.
[43 FR 24795, June 7, 1978, as amended at 44 FR 34493, June 15, 1979]
Notes of Decisions
Geraldine Gainey v. Jo Anne B. Barnhart, Comm'r, Soc. Sec. Admin., 299 F.3d 1004 (8th Cir. 2002).
· cites it 2× “20 C.F.R. § 404.728 (b). If preferred evidence cannot be obtained, an explanation as to why the preferred evidence cannot be obtained is required along with other convincing evidence that the marriage has ended.”
Knott v. Barnhart, 269 F. Supp. 2d 1228 (E.D. Cal. 2003).
“annulment” evidence that a marriage has ended for the purposes of determining whether an applicant is entitled to divorced spouse’s benefits.”
Fontana v. Callahan, 999 F. Supp. 304 (E.D.N.Y 1998).
“The conclusion that an annulment is equivalent to a divorce for purposes of the Social Security Act is supported by 20 C.F.R. § 404.728 , which describes how an applicant must prove that her marriage has ended.”
Geraldine Gainey v. Jo Anne B. Barnhart (8th Cir. 2002).
· cites it 2× “20 C.F.R. § 404.728 (c). In deciding whether evidence is convincing, the following factors are taken into consideration: (1) whether the information contained in the evidence was given by a person in a position to know the facts; (2) whether there was any reason to give false…”
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