In the Adams and Parsons cases, the courts ruled that the proper test to determine whether the number holder (NH) was contributing to the support of a posthumous (not posthumously conceived) child under section 216(h)(3)(C)(ii) of the Social Security Act (Act) is whether the support was commensurate with the needs of the unborn child at the time of the NH's death, even though the contributions were not regular or substantial.

In the Doran and Wolfe cases, the courts ruled that the proper test to determine whether the NH was contributing to the support of a posthumous child is the same as applied in Adams and Parsons, except that the economic circumstances of the NH must also be considered in determining whether, at death, the NH was contributing to the support of the unborn child.

Apply the Adams/Parsons/Doran/Wolfe ARs at all levels of adjudication if, at the time of such determination or decision, the claimant is residing in one of the states in the pertinent circuits.

For cases affected by the Adams/Parsons/Doran/Wolfe ARs:

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  Do not terminate benefits paid based on applying these ARs because the beneficiary no longer resides in the Second, Fourth, Ninth, or Tenth Circuit.

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  Apply all deduction, suspension, and nonpayment events listed in RS 00203.030 to the beneficiaries entitled under these ARs.

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  Terminate benefits as instructed in RS 00203.035.

Obtain satisfactory evidence establishing that the NH is the biological parent of the child and of the type of support, if any, that the NH provided during the mother's pregnancy. Support, depending on the facts of the case, may consist of relatively small cash amounts or support in kind.

Examples of possible support provided by the NH are:

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  Transportation of the mother to the doctor's office,

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  Doctor bills paid related to the pregnancy,

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  Payments toward the hospital bill for birth expenses, and

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  Cash payments to the mother for food and rent.

For more information on contributions for support, see RS 01301.005.

Weigh the contributions provided by the NH against the actual needs of the unborn child on a case-by-case basis to determine if the support, even if irregular or unsubstantial, was commensurate with the unborn child’s needs.

For special development of cases subject to the Doran/Wolfe ARs, see additional instructions in GN 00306.285B.2 in this section.

Prepare a special determination on a Report of Contact (RPOC) or SSA-553 in all cases. For non-MCS claims, fax the determination into the Non-Disability Repository for Evidentiary Documents (NDRed) using the Evidence Portal (EP).

Consider the NH's financial circumstances, i.e. the NH’s ability to contribute, in determining whether the NH was contributing to the unborn child's support in addition to the instructions in GN 00306.285B.1 in this section.

Small contributions by a NH with limited financial resources constitutes support if such support meets an important part of the unborn child's needs.

Follow these instructions when processing awards for cases subject to the Adams/Parsons and Doran/Wolfe ARs:

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  Enter the remark “Adams/Parsons ARs” or “Doran/Wolfe ARs,” as appropriate, on the RPOC screen in the Modernized Claims System (MCS), or the REMARKS field on the Benefit Continuity Factors/Remarks/Notice (BCRN) screen or Electronic Form BCRN (EFBCRN) screen when processing claim manually using an Automated 101 (A101) or Electronic Form 101 (EF101).

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  Enter listing code “246” for “Adams/Parsons/Doran/Wolfe ARs” on the Decision Input (DECI) screen in MCS.

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  If entitlement of a child results in an adverse adjustment, follow the procedures in GN 01010.330.

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  If entitlement of a child creates an adverse claim, follow the procedures in GN 01010.320. Forward the claim to the servicing Processing Center (PC) as a District Office Final Authorization (DOFA) exclusion (non-DOFA). Record non-DOFA reason code “3” for “ADVERSE CLM” on the Decision Input (DECI) screen in MCS. For more information on non-DOFA claims, see GN 01010.027.

Follow these instructions when processing disallowances for cases subject to the Adams/Parsons and Doran/Wolfe ARs:

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  Before disallowing a claim, consider all options in which we might allow the child’s claim for benefits following the procedures in GN 00306.001D.

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  If there are no such options, disallow the claim under code “32” for “Child illegitimate – no ceremonial marriage – not deemed child.” For information on documenting a code “32” disallowance, see GN 00306.001E.1.

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  Enter the remark “Adams/Parsons AR” or “Doran/Wolfe AR,” as appropriate, on the RPOC screen in MCS.

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  Enter listing code “246” for “Adams/Parsons/Doran/Wolfe ARs” on the Decision Input (DECI) screen in MCS.