[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Notices]
[Pages 34186-34187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9156]


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SOCIAL SECURITY ADMINISTRATION

[Social Security Ruling, SSR 06-02p]


 Title II: Adjudicating Child Relationship Under Section 
216(h)(2)(A) of the Social Security Act When Deoxyribonucleic Acid 
(DNA) Test Shows Sibling Relationship Between Claimant and a Child of 
the Worker Who Is Entitled Under Section 216(h)(3) of the Social 
Security Act on the Worker's Earnings Record

AGENCY: Social Security Administration (SSA).

ACTION: Notice of social security ruling.

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SUMMARY: 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.

DATES: Effective Date: June 13, 2006.

FOR FURTHER INFORMATION CONTACT: Mary Jayne Neubauer or Pete White, 
Social Security Specialists, Office of Income Security Programs, Social 
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-
6401, (410) 966-7303 or (410) 594-2041 or TTY (800) 966-5609.

SUPPLEMENTARY INFORMATION: Although we are not required to do so 
pursuant to 5 U.S.C. 552(a)(1) and (a)(2), we are publishing this 
Social Security Ruling in accordance with 20 CFR 402.35(b)(1).
    Social Security Rulings make available to the public precedential 
decisions relating to the Federal old-age, survivors, disability, 
supplemental security income, and special veterans benefits programs. 
Social Security Rulings may be based on case decisions made at all 
administrative levels of adjudication, federal court decisions, 
Commissioner's decisions, opinions of the Office of the General 
Counsel, and policy interpretations of the law and regulations.
    Although Social Security Rulings do not have the same force and 
effect as the statute or regulations, they are binding on all 
components of the Social Security Administration, in accordance with 20 
CFR 402.35(b)(1), and are binding as precedents in adjudicating cases.
    If this Social Security Ruling is later superseded, modified, or 
rescinded, we will publish a notice in the Federal Register to that 
effect.

(Catalog of Federal Domestic Assistance, Program Nos. 96.001 Social 
Security--Disability Insurance; 96.002 Social Security--Retirement 
Insurance; 96.004 Social Security--Survivors Insurance.)

    Dated: June 5, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.

Policy Interpretation Ruling

Title II: Adjudicating Child Relationship Under Section 216(H)(2)(A) Of 
The Social Security Act When Deoxyribonucleic Acid (Dna) Test Shows 
Sibling Relationship Between Claimant And A Child Of The Worker Who Is 
Entitled Under Section 216(H)(3) Of The Social Security Act

    Purpose: To explain our policy when:
     We have determined under section 216(h)(3) of the Act that 
a child (referred to here as ``C1'') is the natural child of the 
worker;
     We must determine whether another child (referred to here 
as ``C2'') is the worker's child under section 216(h)(2)(A) of the Act; 
and
     The results of sibling DNA testing show a high probability 
of a sibling relationship between C1 and C2.

    Citations (Authority): Sections 202(d), 205(a), 216(e), 
216(h)(2)(A), 216(h)(3) and 702(a)(5) of the Social Security Act; 
Regulations No. 4, subpart D, sections 404.350, 404.354 and 404.355.

    Pertinent History: To be entitled to child's insurance benefits on 
the earnings record of a worker under section 202(d) of the Act, a 
claimant must prove, among other things, that he or she is the worker's 
child. A claimant may prove that he or she is the child of the worker 
in any of the following four ways:
    1. The claimant could inherit the worker's property as the worker's 
child under the law of intestate succession of the appropriate State. 
See section 216(h)(2)(A) of the Act, 42 U.S.C. 416(h)(2)(A); 20 CFR 
404.355(a)(1).
    2. The claimant is the worker's natural child and the worker and 
the claimant's mother or father went through a ceremony that would have 
resulted in a valid marriage between them except for a ``legal 
impediment.'' See section 216(h)(2)(B) of the Act, 42 U.S.C. 
416(h)(2)(B); 20 CFR 404.355(a)(2).
    3. The claimant is the worker's natural child and, at the 
appropriate time, the worker acknowledged in writing that the claimant 
was the worker's child, was decreed by a court to be the claimant's 
parent, or was ordered by a court to contribute to the claimant's 
support because the claimant was the worker's child. See section 
216(h)(3) of the Act, 42 U.S.C. 416(h)(3); 20 CFR 404.355(a)(3).
    4. The claimant is shown by evidence satisfactory to us to be the 
worker's natural child, and the worker was living with the claimant or 
contributing to the claimant's support at the appropriate time. See 
section 216(h)(3) of the Act, 42 U.S.C. 416(h)(3); 20 CFR 
404.355(a)(4).
    For purposes of this policy interpretation ruling, paragraph 1 
above is the State law definition of ``child,'' and paragraphs 2 
through 4 are the Federal law definitions of ``child.'' \1\
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    \1\ A claimant also may qualify as the worker's child by proving 
that he or she is the legally adopted child, stepchild or equitably 
adopted child of the worker, or that he or she is the grandchild or 
step-grandchild of the worker or the worker's spouse. See section 
216(e) of the Act, 42 U.S.C. 416(e); 20 CFR 404.356-404.359. This 
ruling does not address these relationships.
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    This policy interpretation ruling applies when the results of 
sibling DNA testing show a high probability of a sibling relationship 
between a child claimant (C2) and a child (C1) whom we have determined 
to be the worker's child under one of the federal law definitions in 
section 216(h)(3) of the Act. This Ruling addresses two questions:
    1. If C1 meets the requirements of section 216(h)(3), must C1 also 
meet the State law definition of child in order for us to use evidence 
of the sibling

[[Page 34187]]

relationship between C1 and C2 in determining whether C2 is the 
worker's child under section 216 (h)(2)(A)?
    2. For the purpose of determining whether C2 meets the state law 
definition of child under section 216(h)(2)(A), can we consider C1 to 
be the worker's natural child, based on the determination of 
eligibility under section 216(h)(3)?
    These questions are not explicitly addressed by either the statute 
or our regulations. They have arisen because, in some cases, the 
evidence used to establish that C1 is the worker's child under section 
216(h)(3) of the Act might not satisfy the standard required to show 
that C1 is the worker's child under state law. For example, under 
section 216(h)(3)(A)(ii) of the Act, the claimant must show ``by 
evidence satisfactory to the Commissioner'' that the worker is the 
claimant's parent and was ``living with or contributing to the support 
of'' the claimant at the appropriate time. The State law that we apply 
under section 216(h)(2)(A) of the Act often provides for a higher 
standard of proof (e.g., ``clear and convincing evidence'') to prove 
that a person is the child of the worker for purposes of intestate 
succession.
    Policy Interpretation: Under our current policy interpretation, 
when we must determine whether C2 qualifies as the worker's child under 
section 216(h)(2)(A) of the Act, we must apply the law of intestate 
succession that the courts of the appropriate State (the State of the 
worker's domicile at the appropriate time or the District of Columbia 
if the worker was not a domiciliary of a State at the appropriate time) 
would apply to decide whether C2 could inherit intestate property as 
the worker's child. Under this ruling, we will continue to apply the 
above policy interpretation. However, we will not review C1's 
relationship to the worker under State law in determining C2's 
relationship to the worker when:
     We have determined that C1 meets one of the federal 
definitions of child in section 216(h)(3) of the Act,
     There is no reason to question that determination, and
     The results of DNA testing show a high probability of a 
sibling relationship between C1 and C2.
    We will rely on the determination under section 216(h)(3) 
establishing C1 as the natural child of the worker, for purposes of 
determining C2's relationship to the worker under the requirements and 
standards of proof provided in State law. We will consider C1 to be the 
known child of the worker as determined under section 216(h)(3). Then, 
under section 216(h)(2)(A) of the Act, we will apply the law of 
intestate succession of the appropriate State to determine whether the 
results of the DNA test between C1 and C2 (and any other evidence of 
C2's relationship to the worker) establish C2's status as the worker's 
child.
    This policy is supported by the relevant statutes. Under section 
205(a) of the Act we have:

full power and authority to make rules and regulations to establish 
procedures, not inconsistent with the provisions of this title, 
which are necessary or appropriate to carry out such provisions, and 
shall adopt reasonable and proper rules and regulations to regulate 
and provide for the nature and extent of the proofs and evidence and 
the method of taking and furnishing the same in order to establish 
the right to benefits hereunder.

(Emphasis added.) Under section 702(a)(5) of the Act, we ``may 
prescribe such rules and regulations as * * * [we determine] necessary 
or appropriate to carry out the functions of the Administration.''
    The policy interpretation in this Ruling is consistent with the 
relevant provisions of the Act and enhances the efficiency of the 
claims adjudication process.
    Under the circumstances covered by this Ruling, our policy is 
consistent with section 216(h)(2)(A) of the Act because we will apply 
State law to determine whether C2 is the worker's child. We will 
determine whether the evidence relating to C2's relationship to the 
known child of the worker (C1), and any other evidence of C2's 
relationship to the worker, establishes that C2 is the worker's child 
under the standards of the applicable State law. Moreover, the policy 
avoids the redundancy and unnecessary administrative burden that would 
occur if we reviewed C1's relationship to the worker under State law 
when we have already determined that C1 is the worker's child under one 
of the federal definitions in section 216(h)(3) of the Act.
    Effective Date: This SSR is effective upon publication in the 
Federal Register.
    Cross-References: Program Operations Manual System sections 
GN00306.050, GN00306.055, GN00306.060, GN00306.065, GN00306.075, 
GN00306.085, GN00306.100, GN00306.105, GN00306.110, GN00306.120, 
GN00306.125, GN00306.130

[FR Doc. E6-9156 Filed 6-12-06; 8:45 am]
BILLING CODE 4191-02-P