C began receiving child’s social security insurance benefits in February 1948. He began working in November 1952, and reported this work activity to the Social Security administration. The agency notified him of work deductions from his social security benefits.

C began active duty in the military in August, 1953 through July, 1958. Work deductions should not have been imposed against his benefits during his active duty in the armed forces. But Social Security was not notified of his active military service.

In August 1954, C’s entitlement to child’s benefits ended because he reached eighteen years of age.

In November 1959, C visited a Social Security field office and provided proof that he had been on active duty in the military. He requested benefits for the period of time from August 1953 through July 1954, when his benefits were mistakenly subjected to work deductions.

The question for the agency to decide was whether this request was timely. Typically, an administrative decision may be reopened for any reason within the first 12 months after notice of the decision. A decision may be reopened for good cause within 4 years from notice of the decision.

Once notice of work deductions is given, for any subsequent months in which benefits are reduced or eliminated, the act of reduction of benefits acts as notice of the decision to impose work deductions that month.

Because all of the work deductions for C were imposed more than four years before he made his good cause showing, the decisions would not be able to be reopened under usual circumstances.

However, the Soldiers’ and Sailors’ Civil Relief Act provides that any period of military service after October 16th, 1940, shall not be included in computing the period for bringing any action or proceeding in any court, board, bureau, commission, department, or other agency of government, whether such cause of action or right to privilege to institute such action or proceeding shall have accrued prior to or during the period of service.

Social Security found (quite rightly, in my estimation), that it is necessary to construe this provision liberally in order to effectuate the remedial purposes of the Act. The reopening of an administrative determination would constitute a “proceeding” under the remedial purposes of the Act.

It was held that the period of C’s active military service should be excluded in determining the time for which he could reopen an administrative decision. Thus, it was held that benefits were payable to C for the period from August, 1954 through July, 1954.

See Social Security Ruling (SSR) 61-40.

It is nice to see active duty military service treated with this high level of respect.

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.