QUESTION
Whether R~ (Claimant) is eligible to receive child’s insurance benefits on the account
of T~ (NH), who adopted Claimant as an adult.[1]
SHORT ANSWER
Yes. Claimant’s adult adoption was valid under Hawaii law. Although she was over age
18 when she applied for disability benefits, she has a disability that began before
age 22 and was unmarried at the time of application. As both NH’s adopted child and
stepchild, Claimant is deemed dependent on him. Accordingly, Claimant is entitled
to child’s insurance benefits on NH’s account, assuming the agency finds her disabled.
SUMMARY OF EVIDENCE
Claimant was born on June XX, 1985 under given name R2~ in Philippines. Claimant’s
mother, E~ (formerly D~), married the NH in 2005. On March XX, 2007, when Claimant
was 21 years old, a Hawaii Family Court issued an adoption order and decree approving
Claimant’s adoption by NH and Claimant’s mother. The decree changed Claimant’s name
to R~ and stated that Claimant and her mother both consented to the adoption.
According to information provided by the Kauai office, NH filed for retirement benefits
on February XX, 2002; SSA established NH’s entitlement as of February 2012.
On May XX, 2016, Claimant filed for disability benefits, disabled adult child’s benefits
on NH’s record, and for Supplemental Security Income (SSI). Claimant alleged she had
cerebral palsy since 1985, the year of her birth. Claimant is not insured for disability
benefits on her own earnings record. Claimant alleges she has never worked, has never
married, and has resided in L~, Hawaii, with her mother and stepfather since 2007.
APPLICABLE LAW
A. Federal Law
Under the Social Security Act (Act), an applicant may be eligible for child’s insurance
benefits if she is the “child” of the insured, as defined in section 216(e) of the
Act. Social Security Act § 202(d)(1); 20 C.F.R. § 404.350. Section 216(e) of the Act
defines a “child” as “the child or legally adopted child of an individual” or a stepchild
“who has been such stepchild for not less than one year” before she applied for benefits.
Social Security Act § 216(e)(1) & (2); see also 20 C.F.R. § 404.356 (“You may be eligible for benefits as the insured’s child if
you were legally adopted by the insured”). When considering whether a child has been
legally adopted, the agency applies the adoption laws of the State where the adoption
took place. 20 C.F.R. § 404.356; Program Operations Manual System (POMS) GN 00306.135. An applicant is considered the insured’s stepchild if, after the applicant’s birth,
her natural parent married the insured. 20 C.F.R. § 404.357.
In addition to establishing she is the insured individual’s child, the applicant must
also: (1) apply for benefits, (2) have a disability that began prior to age 22, (3)
be unmarried, and (4) be dependent on the insured individual at the time she filed
her application. Social Security Act § 202(d)(1); 20 C.F.R. § 404.350; POMS GN 00306.001(A). Pursuant to section 202(d)(1), an individual is entitled to child’s insurance
benefits in the first month she meets the foregoing criteria. See Social Security Act § 202(d)(1); 20 C.F.R. § 404.352(a).
Where an applicant was legally adopted by the insured after he became entitled to
old-age benefits and that applicant is also the insured’s stepchild, she is deemed
dependent on him. 20 C.F.R. § 404.362(b)(2); POMS GN 00306.137. A stepchild is considered
dependent on the insured if she was receiving at least one-half of her support from
the insured when she applied for benefits. 20 C.F.R. § 404.363(a); POMS GN 00306.137.
B. Hawaii Law
Under Hawaii law, an adult may adopt another adult if the adult to be adopted provides
written consent. Haw. Rev. Stat. §§ 578-1, 578-1.5 & 578-2(b). After the adoption,
the adopted adult and her adopting parents have a relationship of parent and child,
with all of the rights and duties arising from such a relationship. Haw. Rev. Stat.
§ 578-16. The parties may file a petition in the court of the county in which the
applicant resides for approval of the adoption agreement. Haw. Rev. Stat. § 578-1.
After holding a hearing, if the court is satisfied that the adoption is in the best
interests of the persons seeking adoption, and there is no reason why the petition
should not be granted, the court will approve the adoption agreement and order the
adoption. Haw. Rev. Stat. § 578-8(a).
ANALYSIS
A. The Claimant Is the NH’s Child
The agency applies the adoption laws of the State where the adoption took place—in
this case, Hawaii—when considering whether a child has been legally adopted. 20 C.F.R.
§ 404.356. Here, NH and his spouse (Claimant’s mother) petitioned the Family Court
of the Fifth Circuit of the State of Hawaii in L~, Hawaii, to approve their adult
adoption of Claimant. The Court’s Findings and Decisions state that both Claimant
and her mother provided consent. The adoption decree listed the required provisions
of Hawaii law and explained the petitioner was Claimant’s stepfather and was married
to Claimant’s parent. Accordingly, the Court ordered the adoption and decreed that
NH and his spouse were the legal parents of Claimant.[2] The adoption was therefore valid under Hawaii law. See Haw. Rev. Stat. § 578-1.5. Claimant is therefore the NH’s legally adopted child.
See Social Security Act § 216(e)(1); 20 C.F.R. § 404.356.
Claimant is also NH’s stepchild because after her birth, her mother married the NH
and Claimant was his stepchild for well over a year before she applied for benefits.
See Social Security Act § 216(e)(2); 20 C.F.R. § 404.357.
Accordingly, Claimant is the NH’s child under section 216 of the Act as required to
be entitled to child’s benefits. Social Security Act §§ 202(d)(1), 216(e); 20 C.F.R.
§ 404.350(a)(1).
B. The Claimant Meets the Other Criteria for Child’s Insurance Benefits
The Claimant similarly meets the other criteria to be entitled to child’s benefits
on the NH’s account. Claimant has applied for benefits and is unmarried. See Social Security Act § 202(d)(1)(A) & (B); 20 C.F.R. § 404.350(a)(3) & (4). Additionally,
although Claimant was 31 years of age when she filed her application for benefits,
agency records show that she alleged a disability that began before age 22. Accordingly,
her age did not preclude her eligibility for child’s insurance benefits. See Social Security Act § 202(d)(1)(B); 20 C.F.R. § 404.350(a)(5) (an applicant who 18
years old or older and has a disability that began before she turned 22 years old
may be eligible for child’s benefits).
Finally, the Claimant also can show she was dependent on the NH at the time she applied
for benefits. See Social Security Act § 202(d)(1)(C); 20 C.F.R. § 404.350(a)(2). Claimant was NH’s
legally adopted child as well as his stepchild, and is therefore deemed dependent
on him. See 20 C.F.R. § 404.362(b)(2). Claimant is also considered dependent on the NH as his
stepchild because she was receiving at least half her support from him: she does not
work and lives with her mother and the NH. See 20 C.F.R. § 404.363(a). Claimant therefore meets the dependency requirement. See 20 C.F.R. §§ 404.362(b)(2) & 404.363; POMS GN 00306.136.A.
CONCLUSION
The Claimant is considered the NH’s child under the Social Security Act because her
adult adoption was valid under Hawaii law and she is the NH’s stepchild. Claimant
was also unmarried, her disability arose before age 22, and she is deemed dependent
on the NH. Claimant is therefore entitled to child’s insurance benefits on the NH’s
record, assuming the agency finds her disabled.