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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_1

## Section

- **Citation:** SSR 60-1
- **Heading:** SSR 60-1. CHILD MARRIED AND DIVORCED BEFORE FILING EFFECTIVE APPLICATION
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Child's Insurance Benefits / SSR 60-1

## Text

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.

## Nearby sections

- [SSR 06-02p SSR 06-02p: Title II: Adjudicating Child Relationship Under Section 216(h)(2)(A) of the Social Security Act When Deoxyribonucleic Acid (DNA) Test Shows Sibling Relationship Between Claimant and a Child of the Worker Who Is Entitled Under Section 216(h)(3) of the Social Security Act](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_06_02p.md)
- [SSR 60-1 SSR 60-1. CHILD MARRIED AND DIVORCED BEFORE FILING EFFECTIVE APPLICATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_1.md)
- [SSR 61-18 SSR 61-18. EFFECTIVE DATE OF ADOPTION WHERE ADOPTING PARENT DIES AFTER INTERLOCUTORY DECREE BUT BEFORE FINAL DECREE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_18.md)
- [SSR 61-30 SSR 61-30. IRREVOCABLE SURRENDER OF CHILD TO PERSON WHO AGREES TO RAISE CHILD](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_30.md)
- [SSR 61-52 SSR 61-52. CHANGE OF CIRCUMSTANCES SHORTLY BEFORE WORKER'S DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_52.md)
- [SSR 61-64 SSR 61-64. LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_64.md)
- [SSR 62-53 SSR 62-53. RELATIONSHIP -- EFFECTIVE DATE OF LEGITIMATION OF CHILD BY INTERMARRIAGE OF PARENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_53.md)
- [SSR 63-15 SSR 63-15: SECTION 202(d). -- TERMINATION OF ENTITLEMENT TO CHILD'S INSURANCE BENEFITS -- ATTAINMENT OF AGE 18](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_15.md)
- [SSR 63-28 SSR 63-28: SECTIONS 202(d), 216(e), and 216(h)(2)(A). -- RELATIONSHIP -- ADOPTED CHILD'S RIGHTS OF INHERITANCE FROM NATURAL PARENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_28.md)
- [SSR 65-18 SSR 65-18: SECTION 202(d). -- CHILD'S INSURANCE BENEFITS -- LEGAL ADOPTION INSTITUTED BY WORKER IN OR BEFORE MONTH PERIOD OF DISABILITY BEGAN](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_18.md)
- [SSR 65-20c SSR 65-20c: SECTIONS 202(d)(1), 216(e), and 216(h)(2). -- DEFINITION OF "CHILD" -- EQUITABLE ADOPTION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_20c.md)
- [SSR 65-35 SSR 65-35: SECTION 202(d). -- CHILD'S INSURANCE BENEFITS -- LEGAL ADOPTION BY CLAIMANT ENTITLED TO DISABILITY INSURANCE BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_35.md)
- [SSR 65-36c SSR 65-36c: SECTIONS 202(d) and 216(h)(2)(A). -- RELATIONSHIP -- LEGITIMATION UNDER CALIFORNIA LAW](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_36c.md)
- [SSR 65-51 SSR 65-51: SECTIONS 202(d) and 205(a). -- FINALITY OF DECISION -- REOPENING ON BASIS OF NEW AND MATERIAL EVIDENCE -- GOOD CAUSE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_51.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_1. Check the current official text before relying on it. Not legal advice.
