20 CFR 404.320(a)(3) and 404.607(a)
A question has been raised in the case where an applicant for child's insurance benefits was married 2 months prior to filing her application. She was still married at the time of filing. Her claim was denied on the basis of that provision of Section 202(d)(1)(B) of the Social Security Act which requires that, at the time of filing an application for child's insurance benefits, the claimant must be unmarried.
Even though a claimant no longer meets all of the conditions for entitlement to a monthly benefit at the time of filing an application, entitlement can be established for any month in the retroactive life of the application in which all of the requirements were met. As here pertinent, Section 202(j)(1) of the Social Security Act provides:
Further, pursuant to the above-cited provision of the act, Social Security Administration Regulations No. 4, Section 404.607(a), 20 CFR 404.607(a), provides that an application for monthly benefits shall be accepted as an application for purposes of entitlement to such benefits for any month in which the applicant would otherwise have been entitled in the 12-month period immediately prior to the filing of the application, and it states that:
Moreover, no legal reason is seen for a change in position because of the Social Security Amendments of 1956. Section 101(a) of those amendments amended section 202(d)(1) of the act to do no more than include as a condition of entitlement to child's insurance benefits the disability of a child which began before such child attained age 18. There is no effect on the applicability of section 202(j)(1) of the Act and Section 404.607(a) of Regulations No. 4 to an application for child's insurance benefits under section 202(d)(1) of the Act. Accordingly, such child is deemed to have filed an application for child's insurance benefits under section 202(d)(1) of the Act in the earliest month of the 12-month retroactive period of the application in which there coexist all of the conditions of benefit entitlement except for the filing of an application.