B-124935, APR. 2, 1956

B-124935: Apr 2, 1956

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IT IS YOUR BELIEF THAT ELENE BOZIC MIKAC'S ESTATE STILL IS ENTITLED TO SOCIAL SECURITY PAYMENTS COVERING THE PERIOD FROM FEBRUARY 14. YOU ALSO APPEAR TO BELIEVE THAT THERE ARE DUE THE ESTATE PAYMENTS FOR THE PERIOD FROM JUNE 1947 TO JANUARY 1948. WHICH YOU SAY WERE NOT RECEIVED BY THE DECEDENT AND. AS YOU WERE ADVISED IN OUR SETTLEMENT OF MARCH 22. WAS NOT ENTITLED TO BENEFITS UNDER THE ACT FOR ANY PRIOR PERIOD. THE RECORDS SHOW THAT THE FOLLOWING-DESCRIBED CHECKS WERE ISSUED TO ELENE BOZIC MIKAC FOR SUCH PERIOD. THAT THEY WERE NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES IN DUE COURSE: TABLE CHECK NUMBER DATE AMOUNT SYMBOL NUMBER 34. 512 2/3/48 19.34 307 THE FIRST SEVEN CHECKS HAVE BEEN DESTROYED UNDER THE ACT OF JULY 7.

B-124935, APR. 2, 1956

TO MRS. MILKA BRLJAVAC (NEE MIKAC):

YOUR RECENT LETTER REQUESTS REVIEW OF OUR SETTLEMENT OF MARCH 22, 1955, WHICH DISALLOWED YOUR CLAIM AS DAUGHTER FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE THE ESTATE OF ELENE BOZIC MIKAC, DECEASED, UNDER THE SOCIAL SECURITY ACT.

YOUR LETTER INDICATES THAT ON THE BASIS OF INFORMATION CONTAINED IN A LETTER DATED AUGUST 2, 1946, TO YOUR MOTHER FROM A SOCIAL SECURITY BOARD FIELD OFFICE, IT IS YOUR BELIEF THAT ELENE BOZIC MIKAC'S ESTATE STILL IS ENTITLED TO SOCIAL SECURITY PAYMENTS COVERING THE PERIOD FROM FEBRUARY 14, 1945 (THE DATE OF HER 65TH BIRTHDAY) THROUGH JUNE 1946. YOU ALSO APPEAR TO BELIEVE THAT THERE ARE DUE THE ESTATE PAYMENTS FOR THE PERIOD FROM JUNE 1947 TO JANUARY 1948, WHICH YOU SAY WERE NOT RECEIVED BY THE DECEDENT AND, ALSO, PAYMENTS FOR THE PERIODS FEBRUARY AND MARCH 1948, AND JANUARY 1 TO 19, 1950, TOGETHER WITH INTEREST FROM THE YEAR 1950.

AS YOU WERE ADVISED IN OUR SETTLEMENT OF MARCH 22, 1955, THE SOCIAL SECURITY ADMINISTRATION REPORTED TO OUR OFFICE THAT IT MADE A FINAL DETERMINATION THAT ELENE BOZIC MIKAC BECAME ENTITLED TO BENEFITS UNDER THE SOCIAL SECURITY ACT IN JULY 1946, BASED UPON HER APPLICATION OF OCTOBER 15, 1946, AND WAS NOT ENTITLED TO BENEFITS UNDER THE ACT FOR ANY PRIOR PERIOD. IN VIEW OF THAT REPORT, IT APPEARS THAT THE INFORMATION FURNISHED YOUR MOTHER BY LETTER OF AUGUST 2, 1946, DID NOT REPRESENT A FINAL AND CONCLUSIVE DETERMINATION BY THE SOCIAL SECURITY ADMINISTRATION.

CONCERNING THE PERIOD JUNE 1947 THROUGH JANUARY 1948, THE RECORDS SHOW THAT THE FOLLOWING-DESCRIBED CHECKS WERE ISSUED TO ELENE BOZIC MIKAC FOR SUCH PERIOD, AND THAT THEY WERE NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES IN DUE COURSE:

TABLE

CHECK NUMBER DATE AMOUNT SYMBOL NUMBER

34,931,253 7/8/47 $19.34307

35,555,405 8/3/47 19.34 307

36,440,390 9/3/47 19.34 307

37,560,414 10/3/47 19.34 307

38,600,450 11/3/47 19.34 307

39,670,493 12/3/47 19.34 307

40,485,508 1/3/48 19.34 307

41,648,512 2/3/48 19.34 307

THE FIRST SEVEN CHECKS HAVE BEEN DESTROYED UNDER THE ACT OF JULY 7, 1943, 57 STAT. 380, WHICH AUTHORIZES DESTRUCTION OF ALL PAID CHECKS EIGHT YEARS AFTER DATE OF ISSUE. HOWEVER, A PHOTOSTATIC COPY OF CHECK NO. 41,648,512, ISSUED FOR THE MONTH OF JANUARY 1948, IS ENCLOSED FOR YOUR INSPECTION OF THE INDORSEMENT.

PAYMENTS FOR FEBRUARY AND MARCH 1948 WERE INCLUDED IN THE AMOUNT OF $444.82, COVERING THE PERIOD FEBRUARY 1948 THROUGH DECEMBER 1949 ALLOWED YOU BY OUR SETTLEMENT OF OCTOBER 28, 1954, WHICH YOU HAVE ACKNOWLEDGED RECEIVING. NO AMOUNT WAS DUE THE ESTATE FOR THE PERIOD JANUARY 1 TO 19, 1950, SINCE, UNDER THE APPLICABLE LAW, SOCIAL SECURITY BENEFIT PAYMENTS TERMINATE WITH THE MONTH PRECEDING THE MONTH IN WHICH THE BENEFICIARY DIES. REGARDING THE PAYMENT OF INTEREST, YOU ARE ADVISED THAT NO PROVISION IS MADE UNDER THE LAW FOR PAYMENT OF INTEREST ON ACCRUED AMOUNTS NOT PAID TO A BENEFICIARY PRIOR TO DEATH.

ACCORDINGLY, WE MUST INFORM YOU THAT THE SETTLEMENT OF MARCH 22, 1955, IS CORRECT, AND, UPON REVIEW, IT MUST BE AND IS SUSTAINED.