McGauran

MEMORANDUM *

The Social Security Administration (SSA) has no record that McGauran received wages from a U.S. employer from 1962 to 1966. Although McGauran submitted evidence of having been paid wages during that period, the SSA determined that they were not paid by a U.S. employer but by a foreign affiliate of a U.S. company. Having further found that this foreign affiliate had no “coverage agreement” pursuant to 26 U.S.C. § 3121 (Z), the SSA denied McGauran social security benefits for this period.

“The absence of a record of wages is evidence that the alleged wages in fact were not paid, 42 U.S.C. § 405 (c)(3), and when the record stands uncorrected for a sufficient period of time as here, the absence of a record of wages creates a presumption that ‘no such alleged wages were paid to such individual in such period.’ 42 U.S.C. § 405 (c)(4)(B).” Duenas v. Shalala, 34 F.3d 719, 722 (9th Cir.1994); see also 20 C.F.R. § 404.803 (c)(2) (“If SSA records show no entry of wages for an employer for a period in that year, our records are conclusive evidence that no wages were paid to you by that employer ____”); 1 Social Security Law and Practice §§ 12:31-12:34 (Melvin C. Cole & Dag E.…