Zdrowie i gospodarka · 31.08.1994
Deemed Application Date Based on Misinformation
We are adding new rules to our regulations on filing an application for Social Security or Supplemental Security Income (SSI) benefits to implement the provisions of section 10302 of the Omnibus Budget Reconciliation Act of 1989 (OBRA 1989), Pub. L. 101-239. Section 10302 added sections 202(j)(5) and 1631(e)(5) of the Social Security Act (the Act) to provide, in general, for the establishment of a ``deemed'' filing date of an application for benefits under title II or title XVI of the Act, respectively, in any case in which it is determined to the satisfaction of the Secretary that an individual failed to apply for monthly Social Security or SSI benefits because of misinformation provided to the individual by an officer or employee of the Social Security Administration (SSA) about his or her eligibility for the benefits. In general, sections 202(j)(5) and 1631(e)(5) provide that, in such a case, an individual will be ``deemed'' to have applied for monthly Social Security or SSI benefits, as appropriate, on the later of: The date the misinformation was provided to such individual; or the date such individual met all requirements for entitlement to or eligibility for such benefits, o