B-124935, FEB. 28, 1957

B-124935, FEB. 28, 1957

TO MRS. MILKA BRLJAVAC (NEE MIKAC):

YOUR LETTER DATED JANUARY 10, 1957, REQUESTS RECONSIDERATION OF OUR DECISION DATED APRIL 2, 1956, B-124935, TO YOU, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE YOUR MOTHER, ELENE BOZIC MIKAC, DECEASED, UNDER THE SOCIAL SECURITY ACT.

YOU REFER TO A DECISION THAT YOU RECEIVED FROM THE SOCIAL SECURITY BOARD FIELD OFFICE, NEW YORK, NEW YORK, WHICH DISCLOSED THAT YOUR MOTHER WAS ENTITLED TO SOCIAL SECURITY BENEFIT PAYMENTS AT THE RATE OF $19.34 PER MONTH FROM FEBRUARY 14, 1945, THE DATE SHE BECAME 65 YEARS OF AGE. YOU EXPRESS THE VIEW THAT YOU ARE ENTITLED TO ADDITIONAL BENEFIT PAYMENTS FOR THE PERIOD FROM FEBRUARY 1945, THROUGH JUNE 1946. ALSO, YOU AGAIN CONTEND THAT YOU ARE ENTITLED TO INTEREST ON BENEFIT PAYMENTS WHICH WERE NOT RECEIVED ON TIME. HENCE, YOU CLAIM INTEREST ON THE SUM OF $444.82, FROM JANUARY 19, 1950, THE DATE OF YOUR MOTHER'S DEATH, UNTIL OCTOBER 28, 1954, THE DATE SUCH PAYMENT WAS RECEIVED.

THE DISALLOWANCE OF YOUR CLAIM FOR ADDITIONAL BENEFIT PAYMENTS INVOLVING THE PERIOD PRIOR TO JULY 1946, WAS BASED UPON A REPORT DATED JANUARY 24, 1955, RECEIVED HERE FROM THE SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, CHICAGO, ILLINOIS, PARAGRAPH 2 OF WHICH READS, IN PERTINENT PART, AS FOLLOWS:

"WE FIND NO ADDITIONAL AMOUNT OWING TO ELENE BOZIC MIKAC. THE CLAIMANT'S CONTENTION THAT AN ADDITIONAL AMOUNT IS DUE IS BASED ON HER BELIEF THAT THE WIDOW BECAME ENTITLED TO BENEFITS UPON ATTAINMENT OF AGE 65 IN FEBRUARY 1945. ACTUALLY, THE WIDOW BECAME ENTITLED IN JULY 1946, BASED ON HER APPLICATION OF OCTOBER 15, 1946. THE FILE SHOWS THAT SHE CONTENDED THAT HER ENTITLEMENT SHOULD BEGIN WITH FEBRUARY 1945, BUT THAT ON RECONSIDERATION OF THE CLAIM, THE DETERMINATION THAT SHE WAS NOT ENTITLED BEFORE JULY 1946, WAS AFFIRMED. OUR FILE SHOWS THAT THE INITIAL CHECK TO THE WIDOW COVERING THE MONTHS OF JULY 1946 THROUGH MAY 1947 WAS IN THE AMOUNT OF $212.47. CHECKS FOR THE PERIOD FROM JUNE 1947 THROUGH JANUARY 1948, WERE PRESUMABLY RECEIVED BY THE BENEFICIARY. CHECKS COVERING THE PERIOD FEBRUARY 1948 THROUGH DECEMBER 1949, THE MONTH PRECEDING HER DEATH, WERE RETURNED, AND THE AMOUNT DUE FOR THIS PERIOD OF TWENTY THREE MONTHS AT $19.34 PER MONTH, WAS $444.82, WHICH THE CLAIMANT HAS RECEIVED. * *

ON THE BASIS OF THE ABOVE-QUOTED REPORT, IT WOULD APPEAR THAT NO RIGHT TO SOCIAL SECURITY PAYMENTS ACCRUED IN BEHALF OF YOUR MOTHER PRIOR TO JULY 1946.

CONCERNING YOUR REQUEST FOR THE ALLOWANCE OF INTEREST ON DELAYED PAYMENTS, YOU ARE ADVISED THAT THE UNITED STATES IS NOT LIABLE FOR INTEREST ON ITS OBLIGATIONS EXCEPT WHERE INTEREST IS STIPULATED FOR IN LEGAL AND PROPER CONTRACTS, OR WHERE ALLOWANCE OF INTEREST IS SPECIFICALLY DIRECTED BY STATUTE.

FOR THE REASONS STATED, THERE IS NO ALTERNATIVE BUT TO SUSTAIN THE ACTION HERETOFORE TAKEN WHICH DENIED FAVORABLE ACTION UPON YOUR CLAIM.

REGARDING PARAGRAPH NO. 3 APPEARING ON PAGE 2 OF YOUR LETTER CONCERNING EXPENSES CLAIMED FOR FUNERAL EXPENSES OF YOUR FATHER, MIKE MIKES, ALSO KNOWN AS MICHELE MIKAS, WHOSE DEATH OCCURRED ON JULY 10, 1941, YOU ARE ADVISED THAT A COPY OF YOUR LETTER IS BEING FORWARDED TO THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, SOCIAL SECURITY ADMINISTRATION AREA OFFICE, 165 NORTH CANAL STREET, CHICAGO 6, ILLINOIS, FOR ITS CONSIDERATION. DOUBTLESS, AN APPROPRIATE REPLY THERETO WILL BE RECEIVED DIRECT FROM THAT OFFICE WITHIN A REASONABLE TIME.