67-year-old H was ill in a hospital when his wife inquired about old age social security insurance benefits for him. The worker at the local social security office told her that H would likely qualify and needed to file an application. He offered to take the paperwork to the hospital and help H fill in the application.

However, H’s Wife said she preferred to take the application to H herself. She did so, and the next day H completed the application. H died four days later. Two days after his death, H’s Wife mailed the application to the social security office. It was received by the social security office the following day.

She also applied for and received a lump sum social security death benefit and social security widow’s benefits.

The question was whether or not H’s application was valid, having been submitted after his death. If it was, then H’s widow would be entitled to the under payment of H’s benefits.

The general rule was that the application date was the date on which the application was received at a social security office or by an authorized employee. However, when a mailed application is received by social security, the date of mailing is used as the effective date.

However, under either rule, H’s application was not effective because it was not mailed until after his death.

See Social Security Ruling (SSR) 62-19.

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.