SSR 83-42a: SECTION 202(a) (42 U.S.C. 402(a)) OLD-AGE INSURANCE BENEFITS -- FIRST MONTH OF ENTITLEMENT

20 CFR 404.311

SSR 83-42a

The issue in this case is the claimant's first month of entitlement to

OAIB.

The claimant, who was born on September 10, 1919, applied for OAIB on

June 2, 1981. On his application, he stated that he would retire at the

end of August 1981. On July 16, 1981, SSA notified the claimant that he

was entitled to OAIB effective September 1981, the month in which he would

attain age 62. On October 20, 1981, SSA notified him that his first month

of entitlement to OAIB was not September but October 1981, because of a

change in the law. The claimant appealed, contending that he would have

continued working until the end of September 1981 if he had known about

the change in the law. An ALJ found that the claimant had relied on the

July 1981 notice when he retired at the end of August 1981 and that to

deny him benefits for September 1981 would be against "equity and good

conscience." Therefore, the ALJ decided that the claimant was entitled to

benefits for September 1981.

When the claimant filed his application for OAIB, section 202(a) of the

Act provided, in pertinent part, that --

On August 13, 1981, Public Law 97-35 amended section 202(a) of the Act to

provide that the first month of entitlement to OAIB, for an individual who

attains age 62 after August 1981, can be no earlier than the first month

"throughout which" he or she is age 62. Therefore, the AC found that to

pay the claimant benefits for September 1981 would be contrary to the

clear meaning of the statute. "Equity and good conscience" is defined in §

404.509 of Regulations No. 4 and applies only to waiver of recovery of an

overpayment. Therefore, the AC found that there is no statutory or

regulatory basis for paying benefits based on "equity and good

conscience." Consequently, the AC concluded that the claimant's first

month of entitlement to OAIB was October 1981.