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Preface

A Cumulative Bulletin of Social Security Rulings is published annually under the authority of the Commissioner of Social Security for the purpose of making available to the public, official rulings relating to the Federal old-age, survivors, and disability insurance programs. This Cumulative Bulletin combines the Social Security Rulings published during 1966–1970 which have not been obsoleted as of April 30, 1978.

It is the policy of the Social Security Administration to publish rulings of general interest in order to promote understanding of the provisions and administration of titles II and XVIII of the Social Security Act and related laws. Care has been taken to avoid the disclosure of confidential informa. tion, and of the identity of the parties or other persons involved, unless already a matter of public record, as in court cases.

Each ruling represents the application of the law to a particular set of facts. It would not be applicable where the facts are not the same as those stated in the rulings. In applying these rulings, the effect of subsequent legislation, regulations, court decisions, and rulings must also be considered. The rulings as published may be modified or superseded by subsequent rulings.

Citation of Social Security Rulings may be made by reference to the ruling number and the Cumulative Bulletin and page where reported. For example, Social Security Ruling No. 9 for 1970 should be cited as “SSR 70-9, C.B. 1966-1970, p. 309."

This Bulletin includes selected court decisions illlustrating how the provisions of title II and the regulations are applied, including policies and interpretations which may affect the rights of claimants under this title. Rulings and decisions illustrating how the provisions of title XVIII and the regulations are applied, including policies and interpretations under that title, will also be included in a subdivision of this publication. Cases decided in the Federal courts upon appeal from the decision of the Secre. tary will be identified by a suffix “c” after the ruling number. Cases decided by the Appeals Council of the Bureau of Hearings and Appeals, representing the final decision of the Secretary, are identified by a suffix “a” after the ruling number.

All references herein to sections of law relate to sections of the Social Security Act, as amended, unless otherwise specifically designated.

All references herein to regulations, unless otherwise specified, relate to those regulations of the Social Security Administration which are published in the Code of Federal Regulations under Title 20—Chapter IIIPart 404 (Federal Old-Age, Survivors, and Disability Insurance), Part 405 (Federal Health Insurance of the Aged), Part 410 (Federal Black Lung Benefits), and Part 416 (Supplemental Security Income). For example, 20 CFR 404.312 refers to section 404.312, Part 404, Chapter III of Title 20 of the Code. New and amended regulations are printed initially in the Federal Register.

“Social Security Rulings” was published quarterly from 1960 through October 1967, bimonthly from the January 1968 through November 1974 issues, and publication again became quarterly beginning January 1975. The subscription price is $5.00 a year ($1.25 additional for foreign mailing). The price per copy is $1.25.

Cumulative Bulletins containing the rulings issued during 1976 and 1977 are available by individual purchase from Superintendent of Documents, Government Printing Office. The prices are: Cumulative Bulletin 1976

$2.20 Cumulative Bulletin 1977

3.25

Cumulative Bulletins from 1960 on other than those listed above may be obtained free of charge upon request to the Social Security Administration, Office of Policy and Regulations, 6401 Security Blvd., Baltimore, Maryland 21235.

The Social Security Act and related laws are printed in the “Compilation of the Social Security Laws.” The 1973 edition is available for purchase in two volumes. Volume I contains the Social Security Act as amended through January 1, 1973, title IV of the Federal Coal Mine Health and Safety Act, as amended in May 1972, and pertinent provisions of the Internal Revenue Code of 1954. Volume II contains sections of amending acts affecting the Social Security Act, provisions of the Act which have been repealed and provisions of related enactments through December 31, 1972. These volumes may be purchased together or separately, at $3.45 for Volume I and $3.20 for Volume II. The Social Security Act is also contained in title 42 of the United States Code, section 301 et seq: title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, (miner's black lung benefits) is contained in title 30 of the United States Code, sections 901

et seq.

Title 20 of the Code of Federal Regulations, revised as of April 1, 1977, is available for purchase at a price of $5.00. New and amended regulations are printed initially in the Federal Register. The charge for individual copies is 75 cents for each issue, or 75 cents for each group

of

pages as actually bound.

The Social Security Handbook, fifth edition, reflects the provisions of the Social Security Act as amended through December 31, 1973, the regulations issued thereunder, and precedential case decisions (rulings) relating to the retirement, survivors, disability, health insurance, black lung benefits, and supplementary security income programs. It also includes brief descriptions of related programs, The Handbook is intended for the use of people who want a detailed explanation of these programs, how they operate, who is entitled to benefits and how such benefits may be obtained. The Handbook may be obtained for $4.30.

These publications, including materials now being prepared or planned, when published, may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. A check or money order covering the cost of the publication, when listed, should accompany the order for the publication.

TABLE OF CONTENTS

OLD-AGE AND SURVIVORS BENEFITS

Page

Wife's Insurance Benefits

Simultaneous entitlement of wife to old-age insurance benefits-

Benefit amount

Entitlement of deemed spouse upon divorce of legal spouse-

One-year duration-of-marriage requirement

Divorced wife—“Divorce a vinculo matrimonii”

Reentitlement of divorced wife--Amount of benefit reduction before and

after age 65

Husband's Insurance Benefits

One-half support-Pooled income

Child's Insurance Benefits

Effect on State court order of paternity on Secretary's determination of

status of child

Determination of status of child— Contract to adopt

Dependency of child adopted old-age insurance beneficiary

Dependency of child adopted by old-age insurance beneficiary

Dependency of child adopted by old-age insurance beneficiary

Child adopted after individual's entitlement to old-age insurance benefits-

Dependency requirements

Child adopted after worker's entitlement to old-age insurance benefits--

Dependency requirements

Adopted child conceived prior to period of disability-

Dependency requirement

Dependency requirement for child adopted by disability insurance

beneficiary

Entitlement between ages 18-22—“Full-time student”

Full-time attendance at evening school—20-hour per week requirement

Full-time attendance at medical assistants school—20-hour per week

requirement

Full-time attendance at trade or vocational school—20-hour per week

requirement

Full-time student-Job Corps enrollee

“Full-time student”-Student paid while attending technical school

Full-time student-Enrollee under Manpower Development and

Training Act

Student paid by employer during full-time school attendance-Army

Student Nurse Program

Student paid by employer while attending school full time-

Midshipman at United States Naval Academy

Duration of period of full-time school attendance

“Full-time student”—Foreign school as “educational institution”

Full-time student—Simultaneous attendance at two educational

institutions --

Deemed “full-time student" during period of nonattendance

Termination of deemed full-time attendance

Status of illegitimate child under 1965 amendments-

"Acknowledgment in writing"

Entitlement of illegitimate child-Evidence of relationship

66

68

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