# SSR 61-52: SSR 61-52. CHANGE OF CIRCUMSTANCES SHORTLY BEFORE WORKER'S DEATH

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_52

## Section

- **Citation:** SSR 61-52
- **Heading:** SSR 61-52. CHANGE OF CIRCUMSTANCES SHORTLY BEFORE WORKER'S DEATH
- **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 61-52

## Text

When M divorced her first husband in September 1947, she retained custody
of their 7-month-old daughter, C. M married F in July 1953 and she, F, and
C lived together in an apartment. M and F both worked and both earned
about the same amount. They pooled their incomes and paid all expenses of
the family group from the pooled funds. On November 14, 1960, F was served
with notice that M had filed suit for divorce against him and had
petitioned for a restraining order against his interfering with,
molesting, bothering, or hindering M or C in any way. F left the apartment
immediately, rented quarters elsewhere, remained away from the home and
made no further contributions or other provision for meeting the expenses
of C or M. He died on November 21, 1960, one week after leaving their
home. In December 1960, M filed an application on C's behalf for child's
insurance benefits on F's earnings record.

Under section 202(d)(1)(C) of the Social Security Act, one of the
conditions for entitlement to child's insurance benefits on the earnings
record of a deceased person is that the child must have been dependent on
that person at the time of death.

Section 202(d)(4) provides in effect that a child shall be deemed
dependent upon his stepfather at the time of the latter's death if, at
that time, the child was living with or was receiving at least one-half of
his support from the stepfather. Accordingly, C can be entitled to
benefits only if she was either living with F on November 21, 1960, or was
receiving at least one-half of her support from him at that time.

Regulations No. 4, § 404.723(a), requires that where a child is claiming
benefits on the earnings record of his deceased stepfather, to establish
that the child was living with the stepfather at the time of death, there
must be evidence showing that at that time:
if she was either living with F on November 21, 1960, or was
receiving at least one-half of her support from him at that time.

Regulations No. 4, § 404.723(a), requires that where a child is claiming
benefits on the earnings record of his deceased stepfather, to establish
that the child was living with the stepfather at the time of death, there
must be evidence showing that at that time:

When F left the household where C and M were living, M's divorce suit was
pending against him and he gave no indication that he was planning to
return. Instead, all the circumstances establish a separation from M and C
which was intended to be permanent and which in fact continued to the time
of death. The present facts do not provide a basis for a finding that C
was living with F when he died. Therefore, in order to meet the dependency
requirement in section 202(d)(1), C must have been receiving at least
one-half of her support from F at the time of his death.

The law does not require that the stepfather must actually have made a
contribution on the day of his death. However, it does contemplate the
existence of an economic relationship under which the child was dependent
upon contributions by the stepfather for at least one-half of his support
and that this relationship must have continued up to the time of the
stepfather's death.

In determining what was the dependency or support situation at the time
of death, consideration is given to the events which occurred during that
period (up to 12 months) immediately preceding death which accurately
reflects the situation at the time of death. Where events occurred during
the 12-month period before the worker's death which show that the economic
relationship had changed basically immediately before death, the
determination of dependency or support must be made on the basis of the
changed situation, even though the change occurred shortly before death
preceding death which accurately
reflects the situation at the time of death. Where events occurred during
the 12-month period before the worker's death which show that the economic
relationship had changed basically immediately before death, the
determination of dependency or support must be made on the basis of the
changed situation, even though the change occurred shortly before death.
Thus, where a stepfather had been making contributions to the support of
his stepchild, but left the family and discontinued his contributions at
some time within the 12 months before his death, the economic relationship
previously in existence has terminated before his death.

In the case at hand, there was a basic change in the economic
relationship between F and C when F left the family home. He made no
provisions for C's support after leaving, nor did he make any actual
contributions for C's support. Under the relationship from that point on,
she could not look to F for support, nor was she dependent upon F for any
contributions at all.

Therefore, it is determined that C was not in fact receiving at least
one-half of her support from F when he died.

Accordingly, it is held that C was not dependent on F at the time
of F's death and is not entitled to child's insurance benefits on F's
earnings record.

## 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_61_52. Check the current official text before relying on it. Not legal advice.