A worker and his wife passed away in February 1962, leaving 3 children in the care of his brother as their legal guardian. The children’s guardian applied for social security benefits for the children. A question arose as to whether the worker’s earnings during his one-and-a-half-year stint as a commissioned officer of the Reserve Corps of the Public Health Service could be counted to raise the amount of the children’s benefits. It was held that they could, as long as the legal guardian executed a waiver, as certified by the Civil Service Commission, that no further annuity would be paid on the basis of the worker’s service as a commissioned officer with the Reserve Corps of the Public Health Service.

See Social Security Ruling (SSR) 62-52.

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.