# SSR 66-15c: SSR 66-15c: SECTION 202(h). -- PARENT'S INSURANCE BENEFITS -- SUPPORT REQUIREMENT

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_15c

## Section

- **Citation:** SSR 66-15c
- **Heading:** SSR 66-15c: SECTION 202(h). -- PARENT'S INSURANCE BENEFITS -- SUPPORT REQUIREMENT
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Parent's Insurance Benefits / SSR 66-15c

## Text

20 CFR 404.350 and 404.720

SSR 66-15c

JONES v. CELEBREZZE , U.S.D.C., E.D. Ky., Civ. No. 493
(7/30/65) (CCH U.I.R. Fed. Vol. 1A, Par. 14,200)

H. CHURCH FORD, District Judge:

By this action, the plaintiff, Judy Jones, invokes the jurisdiction of
the Court under and pursuant to § 205(g) of the Social Security Act, 42
U.S.C.A., § 405(g), seeking that the Court set aside the order of the
Appeals Council of June 9, 1964, by which the decision of Hearing Examiner
* * * of January 22, 1964, was reversed and plaintiff's claim to parental
insurance under § 202(h) of the Act, 42 US.C.A., § 402(h) was denied.

The issues for determination are (1) Whether, at the time of and during
the year preceding the death of her natural son, Ernest Jones, on March
17, 1962, plaintiff was receiving at least one-half of her support from
him; * * *

Section 202(h) of the Act, 42 U.S.C.A., § 402(h), as amended, provides in
relevant part as follows:

It is admitted by the parties that plaintiff's son, Ernest Jones, who
died on March 27, 1962, was a fully insured individual under the Social
Security Act. Plaintiff filed her application for parent's insurance
benefits on October 16, 1962, asserting that at the time of and during the
year preceding his death she was receiving from her son at least one-half
of her support.

Initially, plaintiff's claim was disallowed on the basis that she was not
receiving at least one-half of her support from the wage earner at the
time of his death. Plaintiff then requested a hearing before the Hearing
Examiner on the question of her entitlement to the social security
benefits. Upon the hearing by Hearing Examiner * * *, the Examiner entered
a decision holding that plaintiff was entitled to parent's insurance
benefits under § 202(h)(1) of the Social Security Act, as amended, 42
U.S.C.A., § 402(h)(1), as amended.
time of his death. Plaintiff then requested a hearing before the Hearing
Examiner on the question of her entitlement to the social security
benefits. Upon the hearing by Hearing Examiner * * *, the Examiner entered
a decision holding that plaintiff was entitled to parent's insurance
benefits under § 202(h)(1) of the Social Security Act, as amended, 42
U.S.C.A., § 402(h)(1), as amended.

Upon its own motion, the Appeals Council reviewed and reversed the
Hearing Examiner's decision on June 9, 1964, and the decision of the
Appeals Council is the final decision of the defendant, Secretary of
Health, Education and Welfare, to reverse which the plaintiff is
maintaining this action.

In reversing the decision of the Hearing Examiner, the Appeals Council
said:

* * * * * * *

I am of the opinion that the above decision of the Appeals Council, which
became the final decision of the defendant, Secretary of Health, Education
and Welfare, is supported by substantial evidence and is conclusive under
the provisions of § 305(g) of the Act, 42 U.S.C.A., § 405(g), pursuant to
which the action is maintained. Domanski v. Celebrezze , 323 F.2d
882, C.A.6; Adkins v. Celebrezze , 330 F.2d 704, C.A.6; Charlie
Hall v. Celebrezze , 340 F.2d 608, C.A.6; Monie King v.
Celebrezze , 341 F.2d 108, C.A.6. Also see Wyatt v. Ribicoff ,
211 F.Supp. 928, and Baetich v. Hobby , 212 F.2d 480, certiorari
denied, 348 U.S. 831.

For the reasons indicated, the decision of the Appeals Council should be
affirmed and this action should be dismissed. An order will be entered in
conformity herewith.

## Nearby sections

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- [SSR 61-2 SSR 61-2. CONTRIBUTIONS OF FOOD, CLOTHING, LODGING, ETC., TO CLAIMANT BY WORKER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_2.md)
- [SSR 63-16 SSR 63-16: SECTION 202(p). -- PARENT'S INSURANCE BENEFITS -- GOOD CAUSE FOR FAILURE TO FILE PROOF OF SUPPORT WITHIN 2-YEAR PERIOD AFTER WORKER'S DEATH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_16.md)
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- [SSR 65-40 SSR 65-40: SECTIONS 202(h) and 216(h)(2)(A). -- RELATIONSHIP -- PARENT'S INSURANCE BENEFITS -- "IN LOCO PARENTIS"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_40.md)
- [SSR 66-15c SSR 66-15c: SECTION 202(h). -- PARENT'S INSURANCE BENEFITS -- SUPPORT REQUIREMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_15c.md)
- [SSR 68-4c SSR 68-4c: SECTION 202(h). -- PARENT'S INSURANCE BENEFITS -- ONE-HALF SUPPORT -- BURDEN OF PROOF](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_4c.md)
- [SSR 74-25c SSR 74-25c: SECTIONS 202(h)(3) and 216(h)(2) (42 U.S.C. 402(h)(3) and 416(h)(2)) -- PARENT'S INSURANCE BENEFITS -- RELATIONSHIP UNDER STATE LAW](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_74_25c.md)
- [SSR 74-26c SSR 74-26c: SECTIONS 202(h)(1) and 214(a), 217 (42 U.S.C. 402(h)(1), 414(a) and 417) -- PARENT'S INSURANCE BENEFITS -- GRATUITOUS WAGE CREDITS FOR MILITARY SERVICE -- EXCLUSION OF SERVICE IN PHILIPPINE ARMY -- CONSTITUTIONALITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_74_26c.md)
- [SSR 75-26c SSR 75-26c: SECTION 202(h) (42 U.S.C. 402(h)) -- PARENT'S INSURANCE BENEFITS -- ONE-HALF SUPPORT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_75_26c.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_15c. Check the current official text before relying on it. Not legal advice.
