To be entitled to benefits as a spouse, a claimant must:
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1.
Be the spouse (see RS 00202.001A) of a NH entitled to retirement insurance benefits (RIB) or disability insurance
benefits (DIB); and
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2.
File an application for benefits (see RS 00202.055 for the exception); and
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3.
Not be entitled to a RIB or DIB based on a primary insurance amount (PIA) that equals
or exceeds one-half the NH’s PIA; and
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4.
Have attained age 62 or have a child in care (RS 01310.000) entitled to a child’s insurance benefit on the NH’s record; and
NOTE: The child must be under age 16 or disabled. The child does not need to receive
benefits on the same earnings record (ER), but must be entitled to benefits on the
ER of the NH.
NOTE: If the child is entitled on another ER, follow RS 00615.772 to decide whether the child should file on the same ER.
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5.
Meet one of the following requirements:
a. One-year duration-of-marriage: The claimant must be married for at least 1 continuous
year immediately before the day on which the claimant’s application is filed. This
requirement may be met on the basis of an application filed before the first anniversary
of the marriage as long as the anniversary occurs prior to adjudication.
b. Natural mother or father (GN 00306.010) of the NH’s biological son or daughter: if a child was born to the NH and claimant,
the claimant meets this requirement, although the child need not be alive at the time
of filing.
c. Entitlement or potential entitlement: In the month before the claimant married
the insured, the claimant was entitled to, or if the claimant had applied and been
old enough the claimant could have been entitled to, any of these payments:
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•
Wife’s/Husband’s benefits;
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•
Widow’s/Widower’s benefits;
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•
Divorced Spouse’s benefits;
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•
Surviving Divorced Spouse’s benefits;
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•
Disabled child’s benefits; or
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•
Annuity payments under the Railroad Retirement Act (RRA) for widows, widowers, parents,
or children 18 years old or older.