A child legally adopted by the NH prior to or in the month in which the NH became entitled to a primary benefit is deemed dependent on the NH at any of the points listed in GN 00306.007 at which the relationship existed.

The following policy applies only for purposes of determining whether a child was adopted before or after a NH's DIB entitlement. It is effective with respect to applications for child's benefits filed 6/89 or later: If a NH's entitlement to DIB was terminated due to cessation of disability, and he/she successfully appealed the termination (i.e., benefits were reinstated retroactively), he/she is not considered “entitled” to benefits during the period between the termination and reinstatement. Thus, a child adopted by the NH during that period would be deemed dependent at any of the points listed in GN 00306.007 at which the relationship existed.