SSR 71-52: Sections 202(e)(1) (42 U.S.C. 402(e)(1) — Filing For All Benefits — Widow's Insurance Benefits

Applications

SSR 71-52

20 CFR 404.328 and 404.601

Where claimant's application in 1965 for retirement

insurance benefits was denied for lack of insured status,

and then, in 1970, upon her application for widow's

insurance benefits, it was discovered that she had met all

conditions of entitlement to widow's benefits at the time

of her 1965 application, held, since the application for

retirement benefits was an application for all social

security benefits pursuant to the 1965 application,

claimant is entitled to widow's benefits based on the 1965

application.

W, the worker, born May 7, 1903, filed application for

retirement insurance benefits on her own earnings record in

August 1965. The application contained a statement that

she was applying for "all insurance benefits payable under

Title II of the Social Security Act." Her claim was denied

for lack of insured status, i.e., she had not worked long

enough in work covered by the Act. No appeal was taken

from this denial.

In February 1970 W filed for retirement benefits and

was found to be non-insured. However, she filed an

application for widow's insurance benefits, which was

granted. W contended, however, that entitlement existed

from August 1965, the date of her initial application for

all benefits due her, since that was the first month in

which she met all other conditions of entitlement for

widow's benefits. She further indicated she was unaware in

1965 that her husband had died fully insured.

The general issue concerns W's date of entitlement to

widow's insurance benefits. A further specific question is

whether W's entitlement to widow's benefits was also

adjudicated by the initial denial of her application for

retirement benefits in 1965, from which she took no appeal.

If it was, the initial determination cannot now be opened,

more than 4 years having elapsed. (Section 404.957 of

Social Security Administration Regulations No. 4 (20 CFR

404.957.)

fits. A further specific question is

whether W's entitlement to widow's benefits was also

adjudicated by the initial denial of her application for

retirement benefits in 1965, from which she took no appeal.

If it was, the initial determination cannot now be opened,

more than 4 years having elapsed. (Section 404.957 of

Social Security Administration Regulations No. 4 (20 CFR

404.957.)

Section 202(e)(1) of the Act (42 U.S.C. 402(e)(1)

provides, as here pertinent, that the widow of a worker who

died fully insured, who is not married, has attained age 60,

and has filed application for widow's insurance benefits

shall be entitled to benefits beginning with the first

month in which she becomes entitled, i.e., in this case,

the month of her application.

The notification sent to W concerning her application

in August 1965 obviously resulted from an adjudication of

her lack of entitlement to retirement benefits on her

earnings record. It was not an adjudication of her lack of

entitlement to any other benefits to which she may have

been entitled under the Act, such as widow's insurance

benefits. According to the undisputed facts, neither W nor

the Administration was aware at the time that she met all

requirements of entitlement to widow's benefits on her

deceased husband's earning record. Had this been known,

doubtless she would have been granted widow's benefits in

1965 on the basis of her application for all benefits

payable under Title II of the Act. Since W's first

application filed in August 1965 was also a claim for

widow's insurance benefits, upon which no adjudicative

action was then taken, no further application was required.

deceased husband's earning record. Had this been known,

doubtless she would have been granted widow's benefits in

1965 on the basis of her application for all benefits

payable under Title II of the Act. Since W's first

application filed in August 1965 was also a claim for

widow's insurance benefits, upon which no adjudicative

action was then taken, no further application was required.

Accordingly, W's initial application in 1965 for her

own retirement benefits was properly denied for lack of

quarters of coverage. However, that application with

respect to widow's benefits was not adjudicated and W was

required to file no further application for such benefits.

Thus, the application of 1965 was still open for

adjudication insofar as it applied to widow's benefits.

Accordingly, based upon W's application of August 1965,

it is held that W is entitled to widow's insurance benefits

effective with the first month she met all conditions of

eligibility, i.e., August 1965.