Practice Tip: How Marriage Affects an Adult Disabled Child's SS Eligibility

Disabled adult children who receive Social Security benefits based on a parent's work record will, as a general rule, lose their benefits if they marry. 42 USC § 402(d)(1)(D). Benefits end in the month before the month the child marries. The exception is if the adult child marries an adult (who also is not a student) who is also receiving Social Security benefits. In such cases, the adult child's benefits will be unaffected by the marriage. 42 U.S.C. § 402(s) and Social Security handbook, § 1852.

There are also two circumstances under which benefits may be reinstated if the marriage ends. If the marriage was voided, the child's benefit will be reinstated as of the month the benefit was terminated. POMS GN 305.125 and Social Security Handbook § 1853.1. If the marriage was annulled, benefits will be reinstated as of the month the annulment decree was issued. POMS GN 305.130 and Social Security Handbook Sec. § 1853.1. The rules with respect to the reinstatement of benefits expressly provide that "a marriage that ended by death or divorce precludes reentitlement." POMS RS 203.015.