SSR 65-18: SECTION 202(d). -- CHILD'S INSURANCE BENEFITS -- LEGAL ADOPTION INSTITUTED BY WORKER IN OR BEFORE MONTH PERIOD OF DISABILITY BEGAN

SSR 65-18

Pursuant to his applications therefor, a period of disability beginning

August 1962 was established for R and he became entitled to disability

insurance benefits in March 1963, upon completion of the 6-month waiting

period. In January 1961, R and his wife had applied to an adoption agency,

and several weeks later were approved by the agency for placement of a

child. In December 1962, the adoption agency placed C, a child born in

that month, in R's home where he has lived ever since, receiving his

entire support from R. In July 1963 legal proceedings were filed in the

appropriate court, which entered a decree of adoption of C by R and his

wife, effective November 1963. On January 10, 1964, R filed an application

for child's insurance benefits on behalf of C.

Whether C is entitled to child's insurance benefits on R's earnings

record depends upon whether C meets the dependency requirements of section

202(d)(1) of the Act at the pertinent time. (All other requirements for

entitlement to such benefits were met.)

Section 202(d)(1)(C), as relevant here, provides that a child of an

insured individual shall be entitled to child's insurance benefits if,

among other things, he:

* * * * * * *

Section 202(d)(1) further provides that:

In order to meet the dependency requirements of section 202(d)(1)(C) at

any of the times specified therein, the necessary parent-child

relationship must have existed at that time. Since C's adoption occurred

in November 1963, C did not have the status as R's child either at the

beginning of R's period of disability in August 1962 or at the time R

became entitled to disability insurance benefits in March 1963. Therefore,

C may be entitled only if the date of his application for child's

insurance benefits, January 10, 1964, may be used for the purpose of

determining whether he meets the dependency requirement.

C did not have the status as R's child either at the

beginning of R's period of disability in August 1962 or at the time R

became entitled to disability insurance benefits in March 1963. Therefore,

C may be entitled only if the date of his application for child's

insurance benefits, January 10, 1964, may be used for the purpose of

determining whether he meets the dependency requirement.

Since C is not R's natural child or stepchild, but is his legally adopted

child, dependency as of the date of C's application may be considered only

if (1) C was legally adopted by R before the end of March 1965, the 24th

month after the month R most recently became entitled to disability

benefits, and (2) C was living with R in August 1962, the month in

which R's period of disability began, or proceedings for the adoption of C

had been instituted by R in or before that month. It is clear that C was

legally adopted before March 1965, but since C was not living with R in

August 1962, C's entitlement to benefits depends upon whether proceedings

for his adoption were instituted by R in or before August 1962.

The purpose of section 202(d)(1), as applicable to an adopted child is to

permit a child to whom the worker has no actual parental relationship

prior to becoming disabled to qualify for benefits after onset of the

disability where some specific step toward the child's adoption was at

least begun before the onset of the worker's period of disability and, at

the same time, to provide a safeguard against an adoption undertaken after

the onset of the worker's disability for the sole purpose of qualifying a

child for benefits

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prior to becoming disabled to qualify for benefits after onset of the

disability where some specific step toward the child's adoption was at

least begun before the onset of the worker's period of disability and, at

the same time, to provide a safeguard against an adoption undertaken after

the onset of the worker's disability for the sole purpose of qualifying a

child for benefits. Accordingly, under the limitation imposed in section

202(d)(1), for a child who is legally adopted within 24 months after the

worker becomes entitled to disability insurance benefits to qualify for

child's benefits (where the child was not living with the worker in the

month the worker became entitled to disability benefits), some

"proceedings" for the adoption must have been "instituted" before the

worker's period of disability began. The legislative history of this

provision indicates that it is to be construed broadly, and that the

adoption proceedings include proceedings and arrangements with licensed

adoption agencies or other qualified persons, as well as actual court

proceedings for the adoption of a child. (Senate Report No. 1856, 86th

Cong., 2d Sess., p. 36.)

In this case, R had executed a general application for an adoptive

placement with the adoption agency in January 1961 and the legal adoption

of C was completed in November 1963. It is thus apparent that R had a good

faith adoptive intent prior to the onset of his disability

ll as actual court

proceedings for the adoption of a child. (Senate Report No. 1856, 86th

Cong., 2d Sess., p. 36.)

In this case, R had executed a general application for an adoptive

placement with the adoption agency in January 1961 and the legal adoption

of C was completed in November 1963. It is thus apparent that R had a good

faith adoptive intent prior to the onset of his disability. Accordingly,

it is held that the initial general application for adoption filed

by R was an institution of proceedings for adoption as is contemplated by

section 202(d)(1)(C) of the Act; that C was legally adopted within 24

months after the month in which R became entitled to disability insurance

benefits; that C was dependent on R on January 10, 1964, the date of his

application for child's insurance benefits; and that, all other

requirements having been met, he is entitled to child's insurance benefits

beginning November 1963, the month he first acquired status as R's

child.