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Home :: FAQ :: Minor Adult Child Claims

How does one prove Re-Entitlement to Childhood Disability Benefits?

If childhood disability benefits ends due to the cessation of the child’s disability, that child may be re-entitled to benefits once based on the same earnings record if the child again becomes disabled prior to 84 months (7 years) passing after the last period of benefits ended.  We note though that contrary to this general rule, Congress established an exception to the seven-year time limit and remove it for those whose benefits ceased because their return to work and the performance of substantial gainful activity, effective October 1, 2004. Section 420A of Public Law 108-203, the Social Security Protection Act of 2003.  So, to be re-entitled, a child must not have married unless that marriage is void or was annulled. 20 C.F.R. §404.351.  A marriage that ends because of divorce or death keeps the child from further entitlement.  The requirements for initial entitlement, requires only that the child not be married when he or she applies.  Marriage and divorce terminate receipt not initial entitlement.

Re-entitlement rules do not apply when the child’s benefits end because of the parent’s disability ended.  If the parent becomes entitled to disability benefits again or retires or dies, the initial entitlement provisions apply. POMS DI 10115.035

There is also and exception to the exception discussed above in that initial entitlement rules will apply if the child applies for benefits on the other parent’s account, where a child marries and loses benefits on one parent account, and after divorce and based on the other parent’s account.