SSR 63-16: SECTION 202(p). -- PARENT'S INSURANCE BENEFITS -- GOOD CAUSE FOR FAILURE TO FILE PROOF OF SUPPORT WITHIN 2-YEAR PERIOD AFTER WORKER'S DEATH

20 CFR 404.617(a)

SSR 63-16

S, a fully insured worker, died March 13, 1959. In May 1962 his mother,

M, age 85, filed application for parent's insurance benefits and submitted

evidence which established that she was dependent on S for at least

one-half of her support at the time of his death.

M submitted further evidence which shows that for the past 8 years she

had been suffering from hypertension and a condition bordering on

senility, and from general physical infirmity attendant upon her advanced

age. She lived alone, and did not realize that she might be eligible for

parent's insurance benefits until told so by a friend in April 1962,

shortly before she filed application. Upon being formed that she must file

proof of support, she furnished such proof promptly.

The requirements for entitlement to parent's insurance benefits are set

forth in section 202(h) of the Act. Among these requirements, section

202(h)(1)(B) provides, in effect, that the parent must have been receiving

at least one-half of his support from the worker at the time the worker

died, and have filed proof of such support within 2 years thereafter; or,

as an alternative applicable only where the worker had established a

period of disability continuing to the month in which he died, the parent

must have been receiving such support when the period of disability began,

and have filed proof of such support within 2 years after the month in

which the worker filed application to establish that period of

disability.

However, under section 202(p) of the Act, where there is a showing of

good cause for failure to file proof of support within the 2-year period

specified in section 202(h)(1)(B), such proof shall be deemed to have been

filed within such period if it is filed within 2 years following such

period.

ter the month in

which the worker filed application to establish that period of

disability.

However, under section 202(p) of the Act, where there is a showing of

good cause for failure to file proof of support within the 2-year period

specified in section 202(h)(1)(B), such proof shall be deemed to have been

filed within such period if it is filed within 2 years following such

period.

S had never established a period of disability. Accordingly, his mother,

M, must have been receiving at least one-half of her support from S at the

time of his death, March 13, 1959 -- a requirement which she met. Also,

she must, under section 202(h)(1)(B), have filed proof of such support

within 2 years after that date, i.e., by March 13, 1961. If there was good

cause shown for her failure to file proof by March 13, 1961, and the proof

was filed no later than March 13, 1963, under section 202(p) it will be

deemed to have been filed timely. Proof of support was actually filed in

May 1962. Thus, M's entitlement to the benefits claimed depends upon

whether there was good cause for her failure to file proof of support on

or before March 13, 1961, i.e., within the initial 2-year period. She met

all other requirements for entitlement to benefits.

Regulations No. 4, § 404.617(a) sets forth the various situations under

which good cause may be found for failure to file proof of support within

the required 2-year period. Among these situations are:

* * * * * *

In the present case, M has been suffering from extended illness for a

number of years, including the years in question here. Also, her advanced

age, mental and physical infirmity, and her isolation are circumstances

beyond her control; she was not aware of her rights to social security

benefits, and could not reasonably be expected to have been aware of these

rights and of the need to file timely the proof of support necessary to

protect or perfect these rights.

of years, including the years in question here. Also, her advanced

age, mental and physical infirmity, and her isolation are circumstances

beyond her control; she was not aware of her rights to social security

benefits, and could not reasonably be expected to have been aware of these

rights and of the need to file timely the proof of support necessary to

protect or perfect these rights.

Accordingly, it is held that there was good cause for M's failure

to file proof of support within 2 years after S's death. Therefore, since

she filed the proof of support within 2 years after such period, it is

deemed to have been filed timely, and she is entitled to the parent's

insurance benefits for which she applied.