SSR 60-1. CHILD MARRIED AND DIVORCED BEFORE FILING EFFECTIVE APPLICATION

M died in June 1948, survived by C who was found to have been dependent

on M at the time of her death. C was born in July 1933 and married in

September 1948. In March 1951, she was divorced and an application for

child's benefits was filed on her behalf in April 1951.

Section 202(d)(1) of the Social Security Act provides in pertinent part

that a child of an individual entitled to old-age or disability insurance

benefits or of a deceased insured person shall be entitled to child's

benefits if the child:

Accordingly, the question in this case is whether C would be considered

"unmarried" at the time application for child's insurance benefits was

filed on her behalf.

The term "unmarried" as used in subsection 202(d)(1)(B) is interpreted as

meaning not having a husband or wife at the time of filing

application , so that a child whether male or female who was widowed or

divorced at the time of filing first application would be considered an

unmarried child.

C was "unmarried" at the time application for child's insurance benefits

was filed on her behalf since she did not have a husband at that time.

Accordingly, it is held that C would be entitled to child's

benefits if she meets all the other requirements.

F died in 1952, survived by a son, C, who had been disabled from birth. C

was married in 1954. In 1957, C filed application for child's insurance

benefits which was disallowed because he was married. In 1958, C's wife

obtained a divorce from him and C again filed application for child's

insurance benefits in June of that year.

In this case, C did not have a wife at the time of filing his second

application in June 1958 and, therefore, he was "unmarried" at that time.

But the question arises whether his previous disallowance on the grounds

that he was married would affect his subsequent entitlement.

e

obtained a divorce from him and C again filed application for child's

insurance benefits in June of that year.

In this case, C did not have a wife at the time of filing his second

application in June 1958 and, therefore, he was "unmarried" at that time.

But the question arises whether his previous disallowance on the grounds

that he was married would affect his subsequent entitlement.

Disallowance of a prior application will not preclude entitlement to

benefits on the basis of a subsequent application if all the requirements

for entitlement to benefits are met at the time of the subsequent

application. Though C's previous application was disallowed, the question

of whether he was "unmarried" at the time his subsequent application was

filed is determined by his status as of that time. Therefore, C was

"unmarried" at the time of filing his subsequent application for child's

insurance benefits, since he did not have a wife at that time.

Accordingly, it is held that C would be entitled to child's

insurance benefits if he meets all the other requirements.