Mildred A. Simon, Beth Jami Simon and Seth Eric Simon v. Joseph A. Califano, Jr., Secretary of Department of Health, Education and Welfare

The Secretary of Health, Education and Welfare (HEW) appeals from a district court order which construed Mrs. Mildred A. Simon’s 1970 application for retirement insurance benefits to include an application for child’s insurance benefits.

We reverse.

The facts are not in dispute. In August 1970, Mrs. Simon applied for retirement insurance benefits under the Social Security Act, 42 U.S.C. § 402 (Act). At that time, Mrs. Simon’s two children were eligible for child’s insurance benefits under section 202 of the Act. A trainee claims representative of the Social Security Administration filled out the application for Mrs. Simon. Without asking Mrs. Simon if she had children, the trainee wrote “None” in answer to the question: “How many children do you have who may be eligible for benefits?” When the form was completed, Mrs. Simon was asked to sign her name beneath the words: “I certify that the above statements are true.” Mrs. Simon signed the application without reading it.

Mrs. Simon’s application was approved, and she received benefits for herself from August 1970.

Two years later, Mrs. Simon learned of the trainee’s error and of her children’s eligibility for benefits during…