20 CFR 404.325


Where worker entitled to disability insurance benefit in April 1964, legally adopted his grandchild in October 1972, provided all of child's support from birth in 1965, and child lived continuously in worker's home from birth, held, child entitled to child's insurance benefits pursuant only to section 202(d)(8)(D)(ii)(III) of Social Security Act, as amended by P.L. 93-66, for months after July 1973, since dependency requirements were met for one year period immediately before month of child's application.

R, the worker, became entitled to a disability insurance benefit in April 1964. Upon attainment of age 65 in December 1967, the benefit was converted to a retirement insurance benefit which he has been receiving continuously since that time.

C, the child of R's daughter, was born April 26, 1965. R and his wife legally adopted the child in October 1972. Shortly thereafter, R filed an application on C's behalf for child's insurance benefits. This application was denied at that time. Reconsideration was requested, and the original denial was affirmed. A request for hearing was filed, however, and a final decision had not been rendered prior to the enactment of P.L. 93- 66.

The issue to be decided is whether C is entitled to child's insurance benefits based on R's earnings record as his legally adopted child.

Section 202(d)(8) of the Social Security Act as amended prior to the enactment of P.L. 93-66 provided, as pertinent here, that the adopted child must have been living with and receiving at least one-half of his support from the individual entitled to disability benefits at the time the period of disability of such individual began. This provision would bar the claimant here as the child was not yet born at the time of onset of R's period of disability.

Section 202(d)(8)(ii)(III), which was added to the Social Security Act by amendment in July 1973 (P.L. 93-66), provides, as pertinent here, that if the child is the grandchild of the individual, the dependency requirements are met if the adopted grandchild was living with and receiving at least one-half of his support from the grandparent for the year immediately before the month in which the application was filed for child's insurance benefits. The amendment is effective with respect to benefits payable for months after July 1973. The evidence indicates that R provided all of C's support since his birth in April 1965, and that C has lived in R's home continuously since birth. Accordingly, since all requirements of the law, as amended, are met, it is held that C is entitled to child's insurance benefits on R's earnings record beginning August 1973.

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