Anna Stevens applied for social security disability benefits on May 26th, 1960. Her claim was denied in a final administrative decision on January 15th, 1962. She did not file a federal court appeal.

Ms. Stevens filed a second application on January 12th, 1965. She again exhausted her administrative remedies and again received an unfavorable decision on November 15th 1966.

This time around Ms. Stevens wisely appealed the decision.

The Social Security agency requested a remand under 42 U.S.C.A. Section 405 (g) to address evidence that had not been presented at the hearing.

Ms. Stevens was subsequently found disabled as of February 27, 1959.

However, social security took the position that she was only entitled to be paid benefits based on her secondary application, because she had not appealed the first decision. Because retroactive social security benefits can only be paid up to twelve months prior to the application date, Ms. Stevens was entitled to benefits beginning January 12th, 1964.

See Stevens v. Gardner, U.S.D.C., District of Kansas, Civil No. T-4186 (9-5-67) (C.C.H. U.I.R., Vol. I, Fed. Par. 14,871.

See also Social Security Ruling (SSR) 68-58c.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.