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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I am in a hearing with a admin law judge. She wants a brief

Customer Question

I am in a hearing with a admin law judge. She wants a brief even though it's for me and I'm not acting as a lawyer. I found 20 CFR 404.621 saying I may be entitled to benefits for the 6 months before I applied. However, the CFR was last published 2005. Is this section still applicable?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you asking about retroactive benefits related to your social security retirement benefit?

2. What age (year and months old) did you apply for your social security benefit at?


Customer: replied 1 year ago.
Survivor benefits. My wife died 2011 when I was 57. They told me there were no benefits availble to me other than $255 b/c when I retire my award is higher. They never mentioned survivor's benefits. (B/c they were looking at my income and assuming I would make too much $) At 61 1/2, I heard about this benefit. Having just filed bk and of course desperate, I applied and approved right away. However, they denied my request for back pay based on the SS rep's misinforming me. Now I finally got my ALJ Hearing but I got judge judy. I am to write a brief due today. I found 404.621 which seems to say I qualify for benefits to have begun 6 months prior to app. However, CFR at Law Library published 2005. I have no way to keycite 20 CFR 404.621 to see if the regulation is still valid. Is it?
Expert:  LawTalk replied 1 year ago.

Good afternoon,

If you are looking for the most up to date copy of 20 CFR 404.621 it can be found here and is updated as of 2016:

You will find that the law is essentially unchanged in the past decade.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,