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the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of retirement age in such prior montl would have been entitled to, benefits under subsection (e) or (h) of section 202, or (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section.

Widow

(c) The term "widow" (except when used in section 202 (i) ) meanthe surviving wife of an individual, but only if (1) she is the mother of his son or daughter, (2) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (3) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen,142 (4) she was married to him at the time boti of them legally adopted a child under the age of eighteen, (5) she was married to him for a period of not less than one year immediately prior to the day on which he died, or (6) in the month prior to the month of her marriage to him (A) she was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (e) or (h) of section 202, or (B) she had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section.

Former Wife Divorced

(d) The term "former wife divorced" means a woman divorced from an individual, but only if (1) she is the mother of his son or daughter, (2) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (3) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, or (4) she was married to him at the time both of them legally adopted a child under the age of eighteen.

Child

(e) The term "child" means (1) the child or legally adopted child of an individual, and (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child's insurance benefits is filed or (if the insured individual is deceased) the day on which such individual died.223 For purposes of clause (1), a person shall be deemed, as of the date of death of an individual, to Tbe the legally adopted child of such individual if such person was at the time of such individual's death living in such individual's household and was legally adopted by such individual's surviving spouse after such individual's death but before the end of two years after the day on which such individual died or the date of enactment of this Act; except that this sentence shall not apply if at the time of such individual's death such person was receiving regular contributions toward his support from someone other than >uch individual or his spouse, or from any public or private welfare organization which furnishes services or assistance for children. For purposes of clause (2), a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, out for a legal impediment described in the last sentence of subsection (h) (1) (B), would have been a valid marriage.224 225

223 P. L. 86-778, sec. 207 (b) amended the first sentence of sec. 216 (e) In Its entirety applicable only with respect to monthly benefits under sec. 202 for months beginning with September 1960, on the basis of applications filed In or after September 1960. For tie first sentence of sec. 216 (e) as It read prior to this amendment, see p. 313.

Husband

(f) The term "husband" means the husband of an individual, but only if (1) he is the father of her son or daughter, (2) he was married to her for a period of not less than one year22S immediately preceding the day on which his application is filed, or (3) in the month prior to the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 202, or (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section.

Widower

(g) The term "widower" (except when used in section 202 (i)) means the surviving husband of an individual, but only if (1) he is the father of her son or daughter, (2) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (3) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (4) he was married to her at the time both of them legally adopted a child under the age of eighteen, (5) he was married to her for a period of not less than one year immediately prior to the day on which she died, or (6) in the month before the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of retirement age in such prior month would have been entitled to, benefits under subsection (f) or (h) of section 202, or (B) he had attained age eighteen and was entitled to or on application therefor would have been entitled to, benefits under subsection (d) of such section.

Determination of Family Status

(h) (1) (A) 227 An applicant is the wife, husband, widow, or widower of a fully or currently insured individual for purposes of this title if the courts of the State in which such insured individual is domicile at the time such applicant files an application, or, if such insure: individual is dead, the courts of the State in which he was domicite at the time of death, or, if such insured individual is or was not s domiciled in any State, the courts of the District of Columbia, woul; find that such applicant and such insured individual were validli married at the time such applicant files such application or, if sua insured individual is dead, at the time he died. If such courts would not find that such applicant and such insured individual were validlj married at such time, such applicant shall, nevertheless be deensi to be the wife, husband, widow, or widower, as the case may bt of such insured individual if such applicant would, under the law applied by such courts in determining the devolution of iiitesta:i personal property, have the same status with respect to the takiu of such property as a wife, husband, widow, or widower of sud insured individual.

** P. L. 86-778, sec. 208 (c) added this new sentence at the end of sec. 216 (e) applicable as Indicated In footnote 228.

~»For sec. 216 (e) as It read prior to the 1958 Amendments, see p. 281.

~°P. L. 86-778, sec. 207 (c) substituted "one year" for "three years" applicable only with respect to monthly benefits under sec. 202 for months beginning with September 1960, on the basis of applications filed In or after September 1960.

"* P. L. 86-778, sec. 208 (a), inserted "(A)" after "(I)-" See also footnote 228.

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(B) In any case where under subparagraph (A") an applicant; not (and is not deemed to be) the wife, widow, husband, or widonre of a fully or currently insured individual, or where under subsectio (b), (c), (f), or (g) such applicant is not the wife, widow, husbanc or widower of such individual, but it is established to the satisfactio of the Secretary that such applicant in good faith went through marriage ceremony with such individual resulting in a purported mai riage between them which, but for a legal impediment not known t the applicant at the time of such ceremony, would have been a vali marriage, and such applicant and the insured individual were livii in the same household at the time of the death of such insured ind vidual or (if such insured individual is living) at the time such appl cant files the application, then, for purposes of subparagraph (A and subsections (b), (c), (f), and (g), such purported marriage sha be deemed to be a valid marriage. The provisions of the precedin sentence shall not apply (i) if another person is or has been entitle to a benefit under subsection (b), (c), (e), (f),or (g) of section 2( on the basis of the wages and self-employment income of such insure individual and such other person is (or is deemed to be) a wife, wido^ husband, or widower of such insured individual under subparagrap (A) at the time such applicant files the application, or (ii) if the Se< retary determines, on the basis of information brought to his attentioi that such applicant entered into such purported marriage with sue insured individual with knowledge that it would not be a valid mai riage. The entitlement to a monthly benefit under subsection (b), (c] (e), (f), or (g) of section 202, based on the wages and self-emploj ment income of such insured individual, of a person who would no be deemed to be a wife, widow, husband, or widower of such insure* individual but for this subparagraph, shall end with the month befon the month (i) in which the Secretary certifies, pursuant to section 201 (i), that another person is entitled to a benefit under subsection (b) (c), (e), (f), or (g) of section 202 on the basis of the wages and self employment income of such insured individual, if such other persoi is (or is deemed to be) the wife, widow, husband, or widower of sucl insured individual under subparagraph (A), or (ii) if the applican is entitled to a monthly benefit under subsection (b) or (c) of sectioi 202, in which such applicant entered into a marriage, valid without re xrd to this subparagraph, with a person other than such insured indi.dual. For purposes of this subparagraph, a legal impediment to the ilidity of a purported marriage includes only an impediment (i) ssulting from the lack of dissolution of a previous marriage or otherise arising out of such previous marriage or its dissolution, or (ii) ^suiting from a defect in the procedure followed in connection with ich purported marriage.228

(2) (A)229 In determining whether an applicant is the child or arent of a fully or currently insured individual for purposes of this tie, the Secretary shall apply such law as would be applied in deterlining the devolution of intestate personal property by the courts of tie State in which such insured individual is domiciled at the time such pplicant files application, or, if such insured individual is dead, by he courts of the State in which he was domiciled at the time of his leath, or, if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who •ccording to such law would have the same status relative to taking ntestate personal property as a child or parent shall be deemed uch.

(B) If an applicant is a son or daughter of a fully or currently iisured individual but is not (and is not deemed to be) the child )f such insured individual under subparagraph (A), such applicant ihall nevertheless be deemed to be the child of such insured individual if such insured individual and the mother or father, as the iase may be, of such applicant went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of paragraph (1) (B), would have been a valid marriage.230

Disability; Period of Disability

(i) (1) Except for purposes of sections 202 (d), 223, and 225, the term "disability'' means (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration, or (B) blindness; and the term ''blindness" means central visual acuity of 5/200 or less in the better eye with the use of a correcting lens. An eye in which the visual Held is reduced to five degrees or less concentric contraction shall be considered for the purpose of this paragraph as having a central visual acuity of 5/200 or less. An individual shall not be considered to be under a disability unless he furnishes such proof of the existence thereof as may be required. Nothing in this title shall be construed as authorizing the Secretary or any other officer or employee of the United States to interfere in any way with the practice of medicine or with relationships between practitioners of medicine and their patients, or to exercise any supervision or control over the admini* tration or operation of any hospital.

r^PT t;. 86-778> sec- 208 <a) added subpar. (B). The amendment made by sec. 208 or i". L. 86-778 is applicable (1) with respect to monthly benefits under title II for months Beginning with September 1960, on the basis of an application filed in or after that month H &*. the case of a lump-sum death payment under title II on the basis of an application Hied in or after September 1960, but only if no person, other than the person filing sucn application, has filed an application for a lump-sum death payment under title H prior to Sep-tember 13, 1960, with respect to the death of the same individual.

See also sec. 210 of P. L. 86-778, p. 228. 230 L' 86~778> sec- 20S <b> redesignated par. (2) as subpar. (A). See also footnote

**>?. L. 8«-778, sec. 208 (b) added subpar. (B) applicable as indicated In footnote 228.

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(2) The term "period of disability" means a continuous perioc (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than six full calendar months' duration or such individual was entitled to benefits under section 223 for one or more months in such period.2*1 No such perioc shall begin as to any individual unless such individual, while under such disability,TM files an application for a disability determinatk with respect to such period; and no such period shall begin as to any individual after such individual attains the age of sixty-five. Excep: as provided in paragraph (4), a period of disability shall begin—

(A) if the individual satisfies the requirements of paragraph (3) on such day,

(i) on the day the disability began, or (ii) on the first day of the eighteen-month ** period whid ends with the day before the day on which the individual files such application, whichever occurs later;

(B) if such individual does not satisfy the requirements of paragraph (3) on the day referred to in subparagraph (A), then on the first day of the first quarter thereafter in which he satisfies such requirements.

A period of disability shall end with the close of the last day of the month preceding whichever of the following months is the earlier: the month in which the individual attains age sixty-five or the third month following the month in which the disability ceases.234 No application for a disability determination which is filed more than three months before the first day on which a period of disability can begin (as determined under this paragraph), or, in any case in which clause (ii) of section 223(a) (1) is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 223,235 shall be accepted as an application for purposes of this paragraph, and no such application which is filed prior to January 1, 1955, shall be accepted. Any application for a disability determination which is filed within such three months' period

231 P. L. 86-778, sec. 402 (e) (1) replaced the first sentence of sec. 216 (i) (2) In it! entirety, applicable only in the case of individuals who become entitled to benefits under sec. 223 in or after September 1960. For the first sentence of sec. 216 (1) (2) as It read prior to this amendment, see p. 303.

TM'P. L. 85-840, sec. 201 (1), (enacted August 28, 1958) substituted "while under sncb disability," for "while under a disability," effective with respect to applications for a disability determination under sec. 216 (i) filed after June 1961.

233 P. L. 85-840, sec. 201 (2), (enacted August 28, 1958) substituted "eighteen-month." for "one year" effective with respect to applications for a disability determination under sec. 216 (i) filed after June 1961.

131 P. L. 80-778, sec. 403 (c) substituted "the month preceding whichever of the following months is the earlier: the month in which the individual attains age sixty-five or the third month following the month in which the disability ceases." for "the first month in which either the disability ceases or the individual attains the age of sixty-five". This amendment is applicable only in the case of Individuals who have a period of disability (as defined In sec. 216 (1) beginning on or after September 13, 1960, or beginning before September 13, 1960, and continuing, without regard to this amendment, beyond the end of September 1960.

336 P. L. 86-778, sec. 402 (e) (2) (A) inserted ", or, In any case In which clause (II) of section 223 (a) (1) is applicable, more than six months before the first month for •which such applicant becomes entitled to benefits under section 223," applicable only in the case of Individuals who become entitled to benefits under sec. 223 in or after September

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