A mother, M, became entitled to social security mother’s benefits based on the earnings record of her deceased husband. She notified social security of her subsequent remarriage in October 1956. Social Security notified her in October 1956 that, because of her remarriage, her mother’s benefits had terminated in September 1956. Her son continued to be eligible for child’s social security benefits on the earnings record of his deceased father.

In 1960, M left her husband after learning that his prior marriage had never been dissolved. She notified the Social Security Administration of these facts in March 1962. She applied to re-open her case because her marriage to her second husband was null and void.

Her benefits were approved, but under the law she could only receive benefits retroactive to twelve months prior to her application. This is because, where more than four years have elapsed since the time of an initial determination, a case may only be reopened under very specific circumstances, such as: where the initial determination was procured by fraud, or where there is an adverse claimant, etc.

Held: M was entitled to mother’s social security benefits on her subsequent application beginning March, 1961.

See Social Security Ruling (SSR) 63-2.

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.