On June 1st 1960, Claimant filed an application for children’s social security benefits based on the earnings record of the deceased worker, who died in April, 1960. The claim was denied initially and upon reconsideration on the grounds that the children were not “children” within their meaning of the social security act.

Claimant was served with a notice of the right to request a hearing within a specified period of time, but failed to do so. Long after the appeal period had expired, claimant sought to request a hearing and asked for an extension of time of the appeal period. This request to reopen the case was denied, as claimant had not shown good cause for reopening the case. The reconsideration decision was the final administrative order.

Claimant attempted to appeal the denial of her request to reopen her claim. But the denial of a request to reopen is not an appealable order.

See Victoria McCuney et al. v. Gardner, 374 F.2d 110 (3rd Cir., 2-24-67).

See also Social Security Ruling (SSR) 67-39c.

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.