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Johnson v. United States

United States Court of Appeals, Ninth Circuit
Mar 28, 1978
572 F.2d 697 (9th Cir. 1978)

Summary

holding that incapacity does not excuse failure to file for social security benefits under 42 U.S.C. § 402

Summary of this case from Hollman v. Department of Health Human Services

Opinion

No. 76-1802.

March 28, 1978.

R. G. Schimanski (argued), of Schimanski Leeds, Spokane, Wash., for plaintiff-appellant.

James B. Crum, Asst. U.S. Atty. (argued), Spokane, Wash., for defendants-appellees.

Appeal from the United States District Court for the Eastern District of Washington.

Before ANDERSON and HUG, Circuit Judges, and MUECKE, District Judge.

The Honorable C. A. Muecke, United States District Judge, District of Arizona, sitting by designation.


The central issue on appeal is whether filing is a substantive condition to receiving benefits under the Social Security Act when the applicant is a minor seeking retroactive benefits. We hold it is and affirm the district court's grant of summary judgment upholding the Secretary's denial of retroactive benefits beyond one year.

In July 1957, Richard and Patricia Potts were in the process of adopting appellant, then an infant, when the wage earner, Mr. Potts, died. In August 1957, Mrs. Potts completed the adoption. At the same time, she applied for and later received Lump Sum Death Benefits under the Social Security Act. A claim was not filed on appellant's behalf.

Fifteen years later appellant filed for and was granted Child Survivorship Benefits. Since 1958, when Congress amended the Act, appellant has been eligible for monthly benefits, but pursuant to 42 U.S.C. § 402(j)(1), benefits were paid retroactively for only 12 months.

"(j) Application for monthly insurance benefits. (1) An individual who would have been entitled to a benefit under subsection (a), (b), (c), (d), (e), (f), (g), or (h) for any month after August 1950 had he filed application therefor prior to the end of such month shall be entitled to such benefit for such month if he files application therefor prior to the end of the twelfth month immediately succeeding such month." 42 U.S.C. § 402(j)(1).

Appellant first contends he had a vested interest in the benefits which could not be divested by failing to file. This contention ignores the explicit language of § 402 which makes filing a condition of entitlement. Other courts have consistently held that a potential beneficiary's interest in the fund is not an accrued property right. Flemming v. Nestor, 363 U.S. 603, 80 S.Ct. 1367, 4 L.Ed.2d 1435 (1960); Guarino v. Celebrezze, 336 F.2d 336, 338 (3d Cir. 1964). And we agree: filing is a substantive condition of eligibility. Clark v. Celebrezze, 344 F.2d 479, 481 (1st Cir. 1965); Bender v. Celebrezze, 332 F.2d 113, 115 (7th Cir. 1964). Congressional intent is unmistakable: § 402(j)(1) explicitly limits retroactive benefits to one year prior to filing. See Ewing v. Risher, 176 F.2d 641 (10th Cir. 1949) (construing § 402(h) which provided for retroactive payments for three months and which was amended and redesignated § 402(j) in 1950).

"(d) Child's insurance benefits. (1) Every child (as defined in section 416(e)) of an individual entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual, if such child —
(A) has filed application for child's insurance benefits,
(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time student and had not attained the age of 22, or (ii) is under a disability (as defined in section 223(d)) of this title which began before he attained the age of 22, and
(C) was dependent upon such individual —

Incapacity does not excuse failure to file. See Coy v. Folsom, 228 F.2d 276, 278-79 (3d Cir. 1955) (mental incompetence); cf. Stanton v. Weinberger, 502 F.2d 315 (10th Cir. 1974) (applies rule, by implication, to minor child). Though this conclusion may seem harsh, we must follow the plain mandate of Congress when, as here, it is acting within its powers to prescribe conditions and limitations as a means of preserving the fiscal integrity of the fund. See Flemming v. Nestor, 363 U.S. at 611-12, 80 S.Ct. 1367; cf. Stanton v. Weinberger, 502 F.2d at 320 (nondiscriminatory, rational classifications are a valid means of furthering government's legitimate interest in fund's integrity); Ewing v. Risher, 176 F.2d at 644 (Congress may define and restrict statutory rights by imposing time limits).

Appellant also contends an estoppel arises because Social Security Administration employees prepared the documents for Mrs. Potts and were aware of the child's status. Whatever merit this argument may have in the abstract, it is here inappropriate since the amendments which made appellant eligible for benefits were passed a year after Mrs. Potts filed. Cf. Kurz v. Celebrezze, 225 F. Supp. 528 (E.D.N.Y. 1963). The Social Security Administration is not duty bound to review every processed claim in light of subsequent amendments which grant further benefits. Cf. Thompson v. Richardson, 452 F.2d 911, 915 (2d Cir. 1971); 1 CCH Unempl.Ins.Rep. ¶ 12,555 at 1309-10 (1976).

Cf. Filice v. Celebrezze, 319 F.2d 443, 446 (9th Cir. 1963); Feil v. Gardner, 281 F. Supp. 983, 985 (E.D.Wis. 1968), aff'd per curiam, 402 F.2d 481 (1968); Flamm v. Ribicoff, 203 F. Supp. 507, 510 (S.D.N.Y. 1961).

Appellant's other contentions have been examined closely and determined to be meritless.

AFFIRMED.

* * * * * *

shall be entitled to a child's insurance benefit . . .." 42 U.S.C. § 402(d)(1).


Summaries of

Johnson v. United States

United States Court of Appeals, Ninth Circuit
Mar 28, 1978
572 F.2d 697 (9th Cir. 1978)

holding that incapacity does not excuse failure to file for social security benefits under 42 U.S.C. § 402

Summary of this case from Hollman v. Department of Health Human Services

denying retroactive benefits to a minor child for failure to file an application as required by 42 U.S.C. § 402

Summary of this case from Hollman v. Department of Health Human Services

affirming summary judgment upholding Secretary's denial of retroactive child benefits beyond one year under analogous section 402(j)

Summary of this case from Driver v. Heckler

recognizing that the explicit language of § 402 makes filing an application a substantive condition to receiving benefits under the Act

Summary of this case from Hansen v. Berryhill

In Johnson v. United States, 572 F.2d 697 (9th Cir. 1978), we decided that filing an application is a substantive condition to receiving benefits under section 202 of the Act.

Summary of this case from Simon v. Califano
Case details for

Johnson v. United States

Case Details

Full title:STEVEN E. JOHNSON, A MINOR, BY HIS GUARDIAN AD LITEM, GORDON C. JOHNSON…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 28, 1978

Citations

572 F.2d 697 (9th Cir. 1978)

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