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
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
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.