Mrs. Docia Caldwell’s son died on November 29, 1947. Shortly thereafter, Mrs. Caldwell inquired at her local social security office about parent’s benefits based on her deceased son’s earnings record. She was told by a social security employee that she could never draw benefits until again 65.

She returned to the location office in 1956 and again in June 1958 and was told each time she could not draw benefits until she’s reached retirement age.

When she filed application for parent’s benefits, her application was denied on the grounds that she had not timely filed proof that she was receiving at least one-half of her support from her son at the time of his death. She appealed and was granted a hearing.

After hearing, the Hearing Examiner ruled that claimant had made an attempt to file timely proof of support but was prevented from doing so by representatives of the agency and that, therefore, she had constructively filed proof of support.

The Appeals Council reviewed the Hearing Examiner’s decision on its own motivation and determined that Mrs. Caldwell had not met the statutory requirement of filing proof of support, which was a condition precedent to receipt of parent’s benefits. Mrs. Caldwell appealed.

The federal district court for the eastern district of Kentucky rules that the Appeals Council was correct and that the agency could not be estopped from asserting the statutory requirements for entitlement to benefits.

See Caldwell v. Celebrezze, CCH UIR Vol. 1, Fed. Para. 14,650 (U.S.D.C. E.D. Ky. 10/26/62), appeal dismissed 2/21/63.

See also Social Security Ruling (SSR) 64-19c.

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.