The National tribune., 1904-03-24
UNITED STATES PENSION LAWS.
Comprehensive Digest Of Pension Legislation From the Founda-
ton of f1e Government.
Coryrig hted. 1904. by THE NATIONAL TRIBUNE.

NoTE-These rulings, under the Act III
June -. 1890, were made prior TO the re
cent order of the Commissioner OF Zen
sions. which will, of course. have modi
flying effect upon many of them.-EDlTof
NATIONAL TRIBUNE.
ARREARS UNDER ACT OF JUNE y, 1871.
The act of June 81, 1890, provides that
all pensions granted Hereunder, lnciud
ing those of dependent parents, snail
commence from the date of filing of the ap
plicaticn under the act in the Pension Blu
reau. As to the invalid pension under the
act the law provides:
"Sec - and such pension
shall commence from the date OF the ming
of the application in the Pension Office
after the passage of this act, upon PROOF
that the disability then existed. ana sha
continue during the existence of the same.
In the pension appropriation act OF
March o. 1896. appears the following pro
vision:
THAT whenever a claim for pension I'M
der the act of June p, 1880, has been, OF
shall hereafter be. rejected. suspended. or
dismissed. and a new application shaii
have Eeen, or shall hereafter be. filed, ana
q pension has been, or shall hereafter De,
allowed in such claim. such pension shall
date from the time of filing the first appll-
cation provided the evidence in the case
shall show a pensionable disability to have
existed, or to exist, at the time or ming
such first applica ton, anything IN any law
or ruling of the Department to the con-
trary Notwithstanding.
The ruling of the Department referred
TO is decision rendered August Is, 1868,
which held:
..If an application be filed under the sec
pnd section [Of the act of June ~, lo9Ol
and il cannot be shown that pensionable
disability existed at the date of filing, but
such disability is shown to have existed
subsequently, then before pension can be
allowed for said disability n new deciara-
ton must be fled" G. L. d., 12D
In Practice under this holding, il In q
claim for invalid pension under the act
of June 81. 1890, the medical examina ton
had was not, in the view of the Pension
Bureau, favorable to the claim, the claim
was rejected, and as in but comparatively
rare instances would any other evidence
be REGARDED as sufficient to dlsproVe the
report Of the medical examination, or out
weigh the view taken of the medical eX-
amina ton by the Pension Bureau, the
filing of new application became. IN
general, the only practical method OF secur,
ing the reOpening of the claim; and III
subsequently allowed. the pension was
made to commence from the date OF ming
of the second application.
The above decision was based on the
clause in section (relative to Invalid pen
sions} Of the act of 1890 that pension there
under should commence from the date OF
the fling of the application in the Pen,
.;an Office uDon proof that the
disability then existed" and it was held
that in the absence of favorable medi-
cal examination there was no PROOF that
the disability existed at date OF hling the
claim.
The act of March 6, 1896. as above. was
Intended to correct the practice OF the
Pension Bureau and secure the allowance
of the pension from the date of filing the
:. 'ciaim-that is, the first application, Ruf
q decision rendered June II, 1896, de
ciares:
'eThe act relates solely to the commence
ment Of pensions under the second section
Of the act of June q, 1880, and is re-
stricted in its application to particular
class of cases, viz, those in which the first
application filed has been or shall here.
after be rejected. suspended, or dismissed,
and subsequently new application has
been or shall be fled and pension allowed"
And, again, that
"a careful examination Of these rulings
In connection with the act of March D.
1896. will show that the only cases in
which it modifes the former practices are
those in which the claim was rejected on
account or some 0e1ecL IN the OriSindl ap
plica ton or eclaration." e p. D., 1922
The act Of 1896 relates to the rejection
Of a claim as to its merits and not the re.
lection Of an application. the setting out
of the claim, for some infOrmality not ar
fecting the merits of the claim.
Notwithstanding the obvious error of the
construction placed upon the act OF 1896
above. the decision of June IL, 1896,
above still stands and the official practice
substantially unchanged. In some in
stances a readjustment of the commence
ment Of invalid pension granted under the
act Of 1890 can now be had under the act
of 1896. and on proper construction OF
the law a large number will be benefited.
1t is held that in case an invalid pen
sion was granted under the act of june
q. 1890, only from date of filing sec
ond or third or subsequent application
the widow has the same right that hel
husband, the pensioner, had to contest
the rejection of his application filed prior
to that on which his pension was granted
90 r. D., 321: case Of Heinrichs, Sep
TENDER %. 18991
RATE OF ARREARS.
The act Of March 3, 1879. provides:
'1'hat the rate at which the arrears oil