Mr. Fangman applied for old age social security insurance benefits in December 1961 when he attained age 65. In his application, he failed to mention that he had a minor child who was living with him and whom he was supporting.

In February 1966 Mr. Fangman filed application for child’s social security benefits on behalf of his minor child. He requested benefits going back to December 1961, the time of his application for retirement benefits. He alleged that the social security worker who helped him complete his application had neglected to ask him if he had any dependent children, but instead simply assumed because of his age that he had no minor children.

However, filing an application is a condition precedent to the allowance of benefits. Child’s benefits were payable, but only as of February 1965, twelve months prior to the date Mr. Fangman made application for the benefits.

See Fangman v. Gardner, U.S.D.C., Neb., Civil No. 02798 (3-13-68) (CCH U.I.R. Fed. Par. 15029).

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

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.