R was the co-executor of the estate of a person who died on January 26, 1957. He called the local social security office and inquired about filing for a lump sum death benefit. He received a letter from the social security office dated August 23rd, 1957, stating that he should furnish receipted bills for the burial expenses, along with a certified copy of his appointment as executor of the estate, and that he could then file an application for the lump sum death benefit.

R did not have the funds to pay for burial expenses at that time. However, he mailed a letter to the social security office on January 20th, 1961 containing a copy of receipted burial expenses and informing social security that upon receiving further instructions on how to file for the lump sum death benefit, a certified copy of his appointment as executor of the estate would be provided.

He then received correspondence from social security dated January 27th, 1961 informing him that an application for a lump sum death benefit must be made within two years of the worker’s death, unless there was good cause for failure to timely file, in which case the application must be filed within four years of the worker’s death.

R informed social security about the letter he had received in August of 1957 mistakenly leading him to believe that he could not apply for a lump sum death benefit until he had supplied burial expense receipts.

On March 20th, 1961, R filed a formal application for a lump sum death benefit based on the deceased worker’s earnings record.

It was held that R had established good cause for the late filing. Social Security had provided R with incorrect information in August, 1957, which he had relied upon. Although his formal application for the lump sum death benefit was not made until more than four years after the worker’s death, he had written a letter indicating his intent to apply for the benefit within the four year period.

Social Security applied an administrative rule that relates an application for benefits back to the date of a letter requesting benefits. Where such a letter is received and social security then informs the applicant that an application must be made on a prescribed form, the applicant then typically has six months in which to file the prescribed form.

The lump sum death benefit was awarded.

See Social Security Ruling (SSR) 61-55.

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.