In May, 1957, W applied for old age social security disability benefits. In a letter dated June 12, 1957, Social Security notified W that he was entitled to benefits. However, this letter was returned as undeliverable, as were subsequent benefits checks. W had moved without notifying Social Security of his new address, as he was required to do.

When W had applied for benefits, there was some question as to whether he had accrued six quarters of credit, which he needed in order to be fully insured for social security retirement benefits. However, the person assigned to the case certified that W had six quarters of credit.

In May 1961, W again applied for old age social security insurance benefits, apparently forgetting about his prior application.

This time, Social Security noticed there had been an error in the prior earnings certification, and that W only had five quarters of credit, which was not enough for insured status.

Accordingly, Social Security sent out a notice on June 12, 1961 reopening the case and informing W he was not entitled to benefits.

It was held that the case was timely opened within the four year time limit for reopening a case. In computing the four year time limit for reopening a case, the date of the initial determination did not count.

See Social Security Ruling (SSR) 61-60.

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.