A former railroad worker, M, applied for old age social security insurance benefits in 1961, when he was 87 years of age.

Because of his year of birth, he needed six quarters of creditable earnings in order to qualify for benefits. According to Social Security’s records, he had no creditable earnings.

However, he provided information showing he had several years of earnings from his railroad employment for the years 1942-1946.

Because the law in effect at the time did not allow him to receive an annuity or pension based on his railroad service because he did not have 10 years of service (a fact which was confirmed by the Railroad Retirement Board), his railroad earnings were creditable as social security wages.

Held: M was entitled to social security insurance benefits.

See Social Security Ruling (SSR) 62-14.

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.