A worker, S, passed away on March 13, 1959. At the time of his passing, he was providing at least one-half of the support of his elderly mother, M, who was suffering from extended illnesses including borderline dementia.

A parent may receive social security insurance benefits on the earnings record of her deceased child if she was receiving one-half of her support from the child at the time of his or her passing; or, if the child was receiving disability benefits at the time of death, the parent was receiving one-half of their support from the child when the period of disability began.

Proof of the support must be filed within two years of the deceased child’s death, or within two years after the month in which the child filed application for a period of disability benefits.

M lived alone and did not know she was entitled to social security benefits on her deceased son’s earnings record after he died. However, a friend encouraged her to apply for benefits, and she did so in May 1962. At the time of her application she also filed proof establishing that she was dependent upon her son for at least one-half of her support at the time he died.

Though her furnishing of the proof of support was late, there were two good cause exceptions to the timeliness rule: 1) circumstances beyond the individual’s control, such as an extended illness, physical or mental incapacity, communication difficulties, or; 2) unusual or unavoidable circumstances, the nature of which demonstrates the person could not reasonably be expected to know the time limit for providing proof of support.

If good cause is established within two years of the expiration of the deadline for providing proof of support, the individual will be deemed to have made a timely filing.

M met both of these good cause requirements for excusing the lateness of her filing of proof of support and, since she established good cause and filed the proof of support within two years of the deadline, she was deemed to have made a timely filing of the proof of support.

See Social Security Ruling (SSR) 63-16.

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.