Annie MORGAN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

The Secretary of Health and Human Services denied the claim of Ms. Annie Morgan for retirement benefits, and she appeals. Morgan contends she relied on misinformation from the government, given in circumstances that amount to affirmative misconduct, and that the government is estopped to withhold the benefits. The district court granted summary judgment for the Secretary, and we now affirm.

Morgan has been employed since 1959 by the San Francisco Unified School District in a position not covered by the Social Security Act. On August 12, 1980, Morgan, then 63, visited a San Francisco office of the Social Security Administration (SSA) to inquire as to the amount of retirement benefits she would receive beginning in February 1982, when she would reach age 65. In response to her inquiry, a field representative handed her the following notice, styled “Social Security Estimate of Benefits”:

The Estimate of Benefits notice is a standard form; the date and amount were inserted by the field representative. The entire interview took about ten minutes.

In November 1980, Morgan applied for Medicare. On January 25, 1982, SSA notified her that she was not eligible for premium-free hospital…