In August 1961, a worker, C, applied for old age social security insurance benefits. Based on her date of birth on August 3rd 1899, she needed to have 10 quarters of covered work in order to qualify for benefits.

However, her social security earnings record only showed that she had 5 quarters of coverage.
She challenged social security’s records, claiming she had earned between $10 and $15 per week from 1956 through 1959 performing domestic services in the house of E.

However, C claimed she was paid in cash and could not provide any documentary evidence in support of her assertion. But E’s husband (E had passed away) provided social security with a statement and copies of cancelled checks showing his wife had paid C $4 per week, or $52 per quarter, for seven quarters in 1956 and 1957.
At the time, domestic services were excluded from social security coverage unless the wages were $50 or more per quarter. In addition, there was a presumption after a certain number of years that the absence of the entry of social security wages was correct. This presumption could only be overcome by substantial evidence of probative value.

Fortunately for C, E’s husband’s evidence was substantial evidence of probative value, and showed that C had been paid $52 per quarter for seven quarters for her domestic services in E’s home.

Because C had five prior quarters of credit for her prior wages, the additional unrecorded seven quarters of credit gave her twelve quarters of credit, enough to make her eligible for old age social security insurance benefits. Her earnings record was corrected to reflect these previously unrecorded wages.

See Social Security Ruling (SSR) 62-11.

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.