If the NH had a period of disability which did not end before NH's entitlement to
RIB, DIB, or death, the dependency points shown in the following chart apply. NOTE: The period of disability must have lasted at least five full calendar months (see
DI 10105.001).
|
NH's onset
|
NH's entitlement to DIB
|
NH's entitlement to RIB
|
NH's death (survivor benefits)
|
Child's application is filed (if NH alive)
|
Stepchild
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
Grandchild or Stepgrandchild1
|
Yes
|
Yes
|
Yes
|
Yes
|
No
|
Equitably Adopted Child2
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes3
|
Child Legally Adopted by NH After NH's Entitlement (Benefits before 1/90 only. See
NOTE below)1
|
Yes
|
Yes
|
Yes5
|
NA
|
Yes4
|
Child Adopted by Other Than NH
|
Yes
|
Yes
|
Yes
|
Yes
|
Yes
|
1 Dependency must be established for the year immediately before the month in which the event occurred (for child legally adopted
by NH after NH's entitlement, this applies only to benefits before 01/90).
2 While the dependency requirements can be met at the points stated above, the equitable
adoption must have occurred prior to the NH's entitlement to RIB or DIB in order for
the child to receive life benefits.
3 See SSR 71-1a for limitation on equitable adoption after NH's entitlement to DIB.
4 Only if adopted child is also grandchild of NH or their spouse (see GN 00306.138B.1.c. — benefits before 1/90 only).
5 Only if NH not entitled to DIB in month before entitlement to RIB (benefits before
1/90 only).
NOTE: Effective 1/90, a child (other than natural child or stepchild of NH) legally adopted
in U.S. after NH's entitlement is deemed dependent unless child attained age 18 before
adoption proceedings commenced, in which case dependency must be met for the year
immediately before the month in which the adoption is decreed (see GN 00306.137C.).