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You are entitled to father's or mother's insurance benefits, as a surviving divorced father or mother of a worker who died fully or currently insured, if you meet the following conditions:
Prior to January 1, 1991, you and the worker were validly married under State law (see §402 (A)), but the marriage ended in a final divorce. After January 1, 1991, a marriage based on the requirements in §402 (B) also qualifies;
You filed an application for father's or mother's insurance benefits;
Note: No application is required if you were entitled to spouse's benefits for the month before the month the worker died.
You are not married;
You are not entitled to widow(er)'s insurance benefits, or to a retirement insurance benefit that is equal to or larger than the father's or mother's full benefit;
You have in your care the worker's child who is entitled to child's insurance benefits and (see §§312-315 for definition of "in care"):
The child is your natural or legally adopted child;
The child is entitled to child's insurance benefits on the worker's earnings record; and
The child is under age 16 or disabled; and
You meet one of the requirements in §401 (F).
Last Revised: Feb. 4, 2008
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Last reviewed or modified Monday Feb 04, 2008 |