SCHWEIKER V. HANSEN
450 U.S. 785 (1981)
NATURE OF THE CASE: This was a dispute over retroactive benefits based on bogus agency
advice.
FACTS: Hansen (P) met with Don Connelly, a field representative for the Social Security
Administration and orally inquired if she was eligible for mother's insurance benefits.
Connelly erroneously told P that she was not. P then left the SSA office without having
filed a written application. Only written applications satisfy the filed application
requirement of the act and the regulations that interpret the act. The SSA's Claims Manual,
instructs field agents to advise applicants of the advantages of filing written applications
and to recommend to those uncertain about eligibility to file. Connelly never followed those
directions and did not recommend to P that she file a written application. R eventually
filed an application and got the benefits. P then asked for the benefits to the date of her
original meeting with Connelly based on principles of estoppel.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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