GN 00306.290:
Definition of Number Holder’s Stepchild – Hutcheson v. Califano Acquiescence Ruling for Title II Child’s Benefits
Effective Dates: 06/09/2015 - Present- Effective Dates: 11/29/2017 - Present
TN 26 (12-98)- TN 40 (11-17)
GN 00306.290 Definition of Stepchild - Hutcheson v. Califano (Ninth Circuit)- GN 00306.290 Definition of Number Holder’s Stepchild – Hutcheson v. Califano Acquiescence Ruling for Title II Child’s Benefits
A. Policy- Citations:
1. Issue- Hutcheson v. Califano, 638 F.2d 96 (9th Cir. 1981), AR 86-12(9)
In the case of Hutcheson v. Califano, 638 F. 2d 96 (9th Circuit 1981), the Court of Appeals ruled that there is no general Federal common law relating to family relationships and noted that the Social Security Act does not specifically define stepchild. Since the NH in this case was domiciled in the State of Washington, the court held that Washington law is controlling.- A. Policy for the Hutcheson acquiescence ruling (AR)
2. Applicability- Follow these instructions to apply the Hutcheson AR.
The Hutcheson ruling applies at all levels. The procedures in this section apply to administrative determinations or decisions made on or after April 8, 1986, regardless of the date of entitlement if, at the time of the determination or decision, the claimant is residing in the Ninth Circuit, which includes:- 1. Issue in the Hutcheson ruling
- In the case of Hutcheson, the court ruled that State law controls the definition of the stepchild-stepparent relationship.
- Hutcheson applies only to determine a stepchild relationship. For other factors of entitlement, e.g. duration or dependency, apply standard instructions.
- When the claim involves a stepchild of a same-sex relationship, see GN 00210.505.
- 2. Applicability of the Hutcheson ruling
- Apply the Hutcheson ruling at all levels of adjudication if the claimant’s state of residence at the time of the determination or decision is in one of the states in the Ninth Circuit, which include:
- * Alaska
- * American Samoa
- * Arizona
- * California
- * Guam
- * Hawaii
- * Idaho
- * Montana
- * Nevada
- * Northern Mariana Islands
- * Oregon
- * Washington
3. Suspension, termination, and nonpayment events* Benefits paid as a result of applying this ruling will not be terminated simply because the beneficiary no longer resides in the Ninth Circuit.* A child's entitlement will end the month before the month any of the events in RS 00203.035 occur.* All suspension and nonpayment events in RS 00203.030 apply to beneficiaries under this ruling.- 3. Deduction, termination, and nonpayment events for affected cases
- For cases subject to the Hutcheson AR:
- * Do not terminate benefits paid based on applying this ruling because the beneficiary no longer resides in the Ninth Circuit.
- * Apply all deduction, suspension, and nonpayment events listed in RS 00203.030 to the beneficiaries entitled under this ruling.
- * Terminate benefits as instructed in RS 00203.035.
B. FO procedure- B. Field Office procedures for cases subject to the Hutcheson AR
1. Use state law digest- Follow these instructions and the procedures in GN 00306.001D and GN 00306.001E to develop and process cases subject to the Hutcheson AR.
Apply the State law of the NH's domicile at the time the application is filed; or, if the NH is deceased, his/her domicile at the time of death. If the appropriate State of domicile is one of the States in the Ninth Circuit, adjudicate the claim using the State law digest in GN 00306.290C. below. If there is a definition of stepchild shown for the applicable State, disregard the definition of stepchild in GN 00306.230A.1.- 1. Use State law definition of stepchild relationship for states in the Ninth Circuit
2. No state law definition- If the appropriate state of domicile is one of the states in the Ninth Circuit, apply the State law of the number holder’s (NH) domicile at the time the application is filed; or, if the NH is deceased, his or her domicile at the time of death according to the State law digest in GN 00306.290C in this section. If there is a definition of stepchild shown for the applicable state, disregard the definition of stepchild in GN 00306.230A.1. If there is no definition of stepchild for the applicable state, follow the instructions in GN 00306.230, including the definition of stepchild in GN 00306.230A.1.
Follow GN 00306.230, including the definition of stepchild in GN 00306.230A.1.- 2. Refer cases involving territories in the Ninth Circuit to Regional Chief Counsel (RCC)
3. Submittals to RC- If the NH’s domicile is American Samoa, Guam, or the Northern Mariana Islands, check if an existing opinion in PR 01605.000 applies to the claim. If no such opinion exist, request a Regional Chief Counsel (RCC) opinion. To request a new opinion, refer to instructions in GN 01010.815.
If a case involves American Samoa, Guam, the Northern Mariana Islands or a State or jurisdiction outside the Ninth Circuit, submit the issue to the appropriate RCC. Send a copy of your submission, when submitted, and a copy of the response, when received, to:- 3. Processing awards for cases subject to the Hutcheson AR
Office of Program Benefits- Follow these instructions when processing awards for cases subject to the Hutcheson AR:
- * Enter the remark “Hutcheson AR” on the Report of Contact (RPOC) screen in the Modernized Claims System (MCS) or the REMARKS field on the Benefit Continuity Factors/Remarks/Notice (BCRN) screen or Electronic Form BCRN (EFBCRN) when processing the claim manually using an Automated 101 (A101) or Electronic Form 101 (EF101).
- * Enter listing code “555” for “Hutcheson AR” on the Decision Input (DECI) screen in MCS.
- * If entitlement of a child results in an adverse adjustment, follow the procedures in GN 01010.330.
- * If entitlement of a child creates an adverse claim, follow the procedures in GN 01010.320. Forward the claim to the servicing Processing Center (PC) as a District Office Final Authorization (DOFA) exclusion (non-DOFA). Record non-DOFA reason code “3” for “ADVERSE CLM” on the Decision Input (DECI) screen in MCS. For more information on non-DOFA claims, see GN 01010.027.
DEEP, AARP- 4. Processing disallowances for cases subject to the Hutcheson AR
6401 Security Blvd.- Follow these instructions when processing disallowances for cases subject to the Hutcheson AR:
- * Before disallowing the claim, consider all options in which we might allow the child’s claim for benefits following the procedures in GN 00306.001D.
- * If there are no such options, disallow the claim under code “34” for “No step-relationship” following procedures in GN 00306.315. For information on documenting a code “34” disallowance, see GN 00306.001E.2.
- * Enter the remark “Hutcheson AR” on the RPOC screen in MCS.
- * Enter listing code “555” for “Hutcheson AR” on the DECI screen in MCS.
Baltimore, MD 21235-6401- C. Processing Center (PC) procedures for cases subject to the Hutcheson AR
3-R-21 Operations- Follow these instructions when processing cases in the PC that are subject to the Hutcheson AR:
- * List all cases adjudicated under these procedures under listing code “555” for “Hutcheson AR.”
- * If the claim results in an adverse adjustment, follow the procedures in GN 01010.335.
- * If entitlement of the child creates an adverse claim, follow the procedures in GN 01010.325.
- * After completing all actions, forward the claim to the benefit authorizer (BA) to summarize the award and, when necessary, adjust the rates to currently entitled beneficiaries. Instruct the BA to list the case under code “555.”
4. Processing- D. Stepparent and stepchild definitions - State law digest
Process all claims in the usual manner. Annotate the appropriate form “ Hutcheson Acquiescence Ruling. List this case under Listing Code 555.”C. Definitions — state lawSTATE LAWDEFINITION- State
- Definition of stepparent by State law
- Alaska
Stepparent is defined as the spouse of a natural parent of the child residing in the same household.- A stepparent is the spouse of a natural parent of the child residing in the same household.
- Arizona
Not defined.- Arizona does not define stepparent; however, stepchild is a child of the decedent’s surviving, deceased, or former spouse and not of the decedent.
- California
The status of steprelationship arises out of the marital relationship of one person with the natural parent of a child.GuamInformation not available.- A person becomes a stepparent by marrying the natural parent of the child, and the stepparent-stepchild relationship terminates upon the termination of that marriage.
- Hawaii
Not defined.- Hawaii does not define stepparent; however, stepchild is defined as a child of the decedent’s surviving, deceased, or former spouse and not of the decedent.
- Idaho
Not defined.- Idaho does not define stepparent nor stepchild. Apply the standard stepchild relationship requirements in GN 00306.230.A.1.
- Montana
Not defined.- Montana does not define stepparent nor stepchild. Apply the standard stepchild relationship requirements in GN 00306.230.A.1.
- Nevada
Not defined.Northern Mariana IslandsNot defined.- Nevada does not define stepparent nor stepchild. Apply the standard stepchild relationship requirements in GN 00306.230.A.1.
- Oregon
A stepchild is a child under the age of 18, or between the ages of 18 and 21 if attending school as defined in Oregon Revised Statute 107.108 who is in the custody of one biological or adoptive parent who is married to and not legally separated from a person other than the second biological or adoptive parent of such child.- A stepparent is the spouse of either the natural or adoptive parent.
- Washington
A stepchild is the child of the NH's spouse who is not the child of the NH.- A stepparen is the present spouse of the person who is either the mother, father, or adoptive parent of a dependent child.
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