# SSR 63-16: 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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_16

## Section

- **Citation:** SSR 63-16
- **Heading:** 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
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Parent's Insurance Benefits / SSR 63-16

## Text

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.

## Nearby sections

- [SSR 60-23 SSR 60-23. VALUE OF PERSONAL SERVICES RENDERED BY WORKER FOR CLAIMANT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_23.md)
- [SSR 61-2 SSR 61-2. CONTRIBUTIONS OF FOOD, CLOTHING, LODGING, ETC., TO CLAIMANT BY WORKER](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_2.md)
- [SSR 63-16 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](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_16.md)
- [SSR 64-18c SSR 64-18c: SECTIONS 202(h)(1)(B) and 202(p). -- NONESTOPPEL OF ADMINISTRATION TO REQUIRE COMPLIANCE WITH STATUTORY REQUIREMENT FOR ENTITLEMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_18c.md)
- [SSR 64-19c SSR 64-19c: SECTIONS 202(h)(1)(B) and 202(p). -- NONESTOPPEL OF ADMINISTRATION TO REQUIRE COMPLIANCE WITH STATUTORY REQUIREMENT FOR ENTITLEMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_19c.md)
- [SSR 65-40 SSR 65-40: SECTIONS 202(h) and 216(h)(2)(A). -- RELATIONSHIP -- PARENT'S INSURANCE BENEFITS -- "IN LOCO PARENTIS"](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_40.md)
- [SSR 66-15c SSR 66-15c: SECTION 202(h). -- PARENT'S INSURANCE BENEFITS -- SUPPORT REQUIREMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_66_15c.md)
- [SSR 68-4c SSR 68-4c: SECTION 202(h). -- PARENT'S INSURANCE BENEFITS -- ONE-HALF SUPPORT -- BURDEN OF PROOF](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_68_4c.md)
- [SSR 74-25c SSR 74-25c: SECTIONS 202(h)(3) and 216(h)(2) (42 U.S.C. 402(h)(3) and 416(h)(2)) -- PARENT'S INSURANCE BENEFITS -- RELATIONSHIP UNDER STATE LAW](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_74_25c.md)
- [SSR 74-26c SSR 74-26c: SECTIONS 202(h)(1) and 214(a), 217 (42 U.S.C. 402(h)(1), 414(a) and 417) -- PARENT'S INSURANCE BENEFITS -- GRATUITOUS WAGE CREDITS FOR MILITARY SERVICE -- EXCLUSION OF SERVICE IN PHILIPPINE ARMY -- CONSTITUTIONALITY](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_74_26c.md)
- [SSR 75-26c SSR 75-26c: SECTION 202(h) (42 U.S.C. 402(h)) -- PARENT'S INSURANCE BENEFITS -- ONE-HALF SUPPORT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_75_26c.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_63_16. Check the current official text before relying on it. Not legal advice.
