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Administrative Law Keyed to Popper
Schweiker v. Hansen
Citation:
450 U.S. 785 (1981)Facts
On June 12, 1974, Hansen met with Don Connelly, a field representative of the Social Security Administration, to inquire about her eligibility for mother’s insurance benefits under the Social Security Act. Connelly erroneously informed Hansen that she was ineligible for benefits, possibly due to his unfamiliarity with a recent amendment to the Act. Contrary to the SSA’s Claims Manual instructions, Connelly neither advised Hansen to file a written application nor informed her of the advantages of doing so. Hansen left without filing an application. In May 1975, Hansen learned she was actually eligible for benefits and filed a written application. She began receiving benefits and also received retroactive benefits for the 12 months preceding her written application, as allowed by the Act. Hansen then sought additional retroactive benefits for the period between her June 1974 inquiry and her May 1975 application, arguing that the government should be estopped from enforcing the written application requirement due to Connelly’s errors.
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