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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_83_42a

## Section

- **Citation:** SSR 83-42a
- **Heading:** SSR 83-42a: SECTION 202(a) (42 U.S.C. 402(a)) OLD-AGE INSURANCE BENEFITS -- FIRST MONTH OF ENTITLEMENT
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Old-Age and Survivors Insurance Benefit Payments / SSR 83-42a

## Text

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.

## Nearby sections

- [SSR 64-33c SSR 64-33c: SECTION 202. -- APPLICATION FOR BENEFITS -- WITHDRAWAL BY INCOMPETENT CLAIMANT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_64_33c.md)
- [SSR 65-17 SSR 65-17: SECTION 202. -- APPLICATION FOR BENEFITS -- WITHDRAWAL OF APPLICATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_65_17.md)
- [SSR 67-36c SSR 67-36c: SECTION 202. -- APPLICATION FOR BENEFITS -- WITHDRAWAL OF APPLICATION AFTER ADJUDICATION -- REPAYMENT OF BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_67_36c.md)
- [SSR 79-27 SSR 79-27: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_79_27.md)
- [SSR 83-42a SSR 83-42a: SECTION 202(a) (42 U.S.C. 402(a)) OLD-AGE INSURANCE BENEFITS -- FIRST MONTH OF ENTITLEMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_83_42a.md)
- [SSR 86-15c SSR 86-15c: SECTION 202 OF THE SOCIAL SECURITY ACT (42 U.S.C. 402) WITHDRAWAL OF AN APPLICATION FOR BENEFITS -- VALIDITY OF REQUIREMENT THAT WITHDRAWAL BE IN WRITING](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_86_15c.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_83_42a. Check the current official text before relying on it. Not legal advice.