Firm Profile
photo

    We Represent People With:

  • Physical Disabilities and Impairments, Psychiatric and Mental Disorders, Bipolar, PTSD, Deafness, Blindness, HIV/Aids, Cancer, Epilepsy, Schizophrenia, Depression, Mental Retardation, Cerebral palsy, Multiple Sclerosis, Diabetes, Carpal Tunnel Syndrome, Herniated Disk, Fibromyalgia, Lupus, Arthritis, Stroke, Seizures, Hepatitis, Heart and Lung disease, Meniere's Disease, Crohn's Disease, Colitis, L.B.S., Myasthenia Gravis, Severe Headaches and Sleep Disorders, Amputation, Vocational Disabilities, MRSA who have wrongfully been denied their benefits.
Home :: FAQ :: Minor Adult Child Claims

How do Marriage and Divorce affect my Adult-child Disability Benefits?

Although marriage terminates disabled adult child’s benefits, initial entitlement requires only that the claimant be unmarried.  42 U.S.C. §402(d)(1)(B), 20 C.F.R §404.350(a)(4).  So, before applying for benefits a claimant may be both married and divorced.  It is also possible, where benefits of a disabled adult child are terminated because of marriage and that marriage ends, that the disabled adult child, now unmarried, can apply for benefits on the other parents account. A Claimant who is married when the application is filed my be entitled to benefits in the period prior to the month of marriage. POMS DI 10115.001.