DI 10115.050 Termination of Childhood Disability Benefit (CDB) Entitlement
A. Policy – termination of CDB entitlement
NOTE: Terminating events are described in detail in RS 00203.035.
Those events and months that specifically relate to CDB entitlement termination are:
The first month for which the wage earner (WE) is no longer entitled to a Disability Benefit (DIB), unless the WE's entitlement ended because of his/her death or entitlement to Retirement (RIB).
The entitlement of a CDB also ends with the second month following the month in which he/she ceases to be under a disability, unless in such month he/she is under age 19 and is a full-time student.
B. Policy – exceptions to termination of CDB entitlement when the child marries
The following exceptions apply to termination of CDB entitlement when the child marries:
Entitlement does not end if the child is a CDB and the marriage is to a Social Security beneficiary other than:
a child beneficiary under age 18, or
a child beneficiary age 18 to 19 entitled because he/she is a full-time student.
NOTE: An individual who is receiving Supplemental Security Income (SSI) benefits only is not included in the definition of a “Social Security beneficiary.”) Benefits to a CDB do not terminate because the benefits of a spouse who is a CDB or DIB terminate. This applies to female CDB's effective for benefits payable for months after 4/83, where the last Month of Entitlement (MOET) of the female CDB's spouse is a month after 4/83.
Prior to the Social Security Amendments of 1983, P.L. 98-21, benefits of a female CDB terminated when her husband’s DIB or CDB benefits terminated for a reason other than death. This change in law did not apply to a female CDB whose spouse's last MOET was 4/83 or earlier and did not provide for her reentitlement upon filing a new application. Therefore, a female CDB whose last MOET was 4/83 or earlier cannot be reentitled because of this change in law.
However, a female CDB whose benefits were terminated on or after 7/69 because her husband's CDB benefits terminated for a reason other than death may have her benefits reinstated. This change is a result of a decision in the class action litigation in Cimaglia vs. Schweiker.
NOTE:These claims have been reexamined because of the Cimaglia vs. Schweiker court decision and benefits were reinstated where the CDB was covered by the court decision.
A putative marriage in Louisiana terminates a child's entitlement. However, a putative marriage in any State that recognizes such marriage does not. See GN 00305.085 and GN 00305.125 - GN 00305.135 on reinstating a child's benefit where a marriage is void or annulled.