Morris B. Singer v. Caspar W. Weinberger, Secretary of Health, Education and Welfare of the United States

Singer sought review of a final decision of the Secretary of Health, Education and Welfare disallowing his applications for disability benefits under the Social Security Act ( 42 U.S.C. §§ 416 (i), 423). The district court granted the Secretary’s motion for summary judgment, and Singer appeals from the ensuing judgment against him. We reverse.

Singer applied for disability benefits in 1970, claiming disability beginning in 1969. His claim was denied, and he then sought no judicial review. He reapplied in 1972, reviving his 1969 claim and making an additional claim for disabilities commencing in 1965. The administrative law judge rejected the 1972 claim on the ground that Singer in 1965 and 1969 did not have the requisite “quarters of coverage” (20 three-month periods in which he earned $50 or more in the 10-year period anteceding his claimed disability, 42 U.S.C. §§ 413 (a), 416(i)(3)(B)(i)). Accordingly, the administrative law judge did not reach the merits of Singer’s claimed disability.

The Secretary’s records revealed that Singer had been eligible as late as September 30, 1964. If he had been able to prove that he had two or more additional quarters of coverage, he…