Legal Question in Social Security Law in New York

Is it possible to claim past Social Security Benefits without proof that you applied? I was awarded widow benefits (as an exception) December 2010 and am wondering if there is any way I can collect for the 16 months that I would have been eligible had I applied in person rather than on line back in May of 2009.


Asked on 2/01/11, 8:48 am

1 Answer from Attorneys
John Heard Heard & Smith, LLP

You appear to be saying that you did apply in May of 2009, but SSA did not process your application and now you cannot prove you applied.

If you completed an application online, there should be a record of it. You do not say what you did to discover evidence of the filing, if anything. It is possible that you believe you filed online, but you actually did something else.

I would urge you to talk with a lawyer whose firm handles a significant number of cases at the application level. It is possible that you might be able to recover the additional benefits, but it is impossible to answer the question based on the limited information you provide.

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Answered on 2/12/11, 11:08 am


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