R was a self-employed dealer in explosives who stored four tons of dynamite and caps in a shed. He was known to be somewhat careless in his storage practices and to disregard certain safety measures.

On April 24th, 1964, a friend of R saw him driving his truck towards his dynamite magazine and waved good day. Shortly thereafter, a massive explosion occurred, leaving a gaping hole 10 feet deep and 30 feet wide. Parts of R’s truck were discovered but no trace of his body or personal effects was ever found.

The state probate court determined that R had died in the explosion. Technical experts testified that the manner in which the explosives were stored contributed to a “shaped charge” effect, intensifying the force of the blast. They testified that such an explosion would have disintegrated everything in its path.

R was not likely to have planned his disappearance. He had not withdrawn large sums of money shortly before his disappearance. Evidence showed he was not likely to have falsified his disappearance.

R’s occupation was too hazard for him to be insurance. However, he had a life insurance policy on his child, C. The insurance company waived the premiums on this policy after R’s disappearance.

In June 1964 R’s widow, W, filed for mother’s social security insurance benefits for herself and child’s benefits on behalf of her son, C. Although social security was not bound by the determination of the state probate court, the evidence of R’s death in the explosion was compelling.

It was held that R’s date of death was April 24th 1964 and that benefits were awarded.

See Social Security Ruling (SSR) 65-50.

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.