R from filed for old age social security insurance in January 1957. As proof of his age, he produced a Certificate in Lieu of Lost or Destroyed Discharge Certificate (“the Certificate “) issued by the U.S. War Department in 1944. The Certificate purported to show R’s birthdate to be April 17, 1890. An initial decision was made in March 1957, a awarding R the requested benefits.

Benefits were paid to R from January 1956 (benefits may be paid retroactively up to 12 months prior to an application).

However, in May 1964 newly discovered evidence showed that the Certificate produced by R as proof of his age actually pertained to a different person of the same name. The determination made on R’s case on March 12, 1957 was reopened based on the newly discovered evidence of fraud. R then filed a second application for retirement benefits on August 24, 1964.

A revised determination was issued on December 30, 1964, finding R’s actual birthdate to be February 1897. Based on this finding, it was held that R’s first application should be denied and that there was an overpayment of benefits. However, it was also held that R was entitled to benefits beginning in August, 1963.

R appealed this decision. While the appeal was still pending, there was an administrative rule change. This change provided that an application that is filed prematurely becomes effective (or is “deemed” to have been filed) on the first date the applicant becomes entitled to benefits.

R was entitled to the benefit of this rule change. His first application filed in January 1957 was held to be effective as of the date he turned 65, in February 1962.

See Social Security Ruling (SSR) 66-26.

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.