Social Security Administration June 13, 2006 – Federal Register Recent Federal Regulation Documents

In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of Social Security Ruling, SSR 06-02p. To be entitled to child's insurance benefits on the earnings record of a worker under section 202(d) of the Social Security Act (The Act), a claimant must prove, among other things, that he or she is the worker's child. There are several ways a child can do this. As is pertinent to this Ruling, three of the ways are meeting either the State law definition of child under section 216(h)(2)(A) of the Act or one of the two federal law definitions of child under section 216(h)(3) of the Act. This Ruling provides that if the results of Deoxyribonucleic Acid (DNA) testing show a high probability that an entitled child is the sibling of a child claimant who is filing under the State law definition and we have already determined that the entitled child is the worker's natural child under one of the two federal law definitions in section 216(h)(3), we will rely on the 216(h)(3) determination when we determine whether the child claimant is the worker's child in accordance with section 216(h)(2)(A) of the Act. Under these circumstances, we will not determine whether the child who is entitled under one of the federal law definitions in section 216(h)(3) also meets the definition of child under State law.