Section 404.1
|
General definitions and use of terms |
Section 404.2
|
General provisions |
Section 404.3
|
Introduction |
Section 404.101
|
Definitions |
Section 404.102
|
How we determine fully insured status |
Section 404.110
|
When we consider a person fully insured based on World War II active military or naval service |
Section 404.111
|
When we consider certain employees of private nonprofit organizations to be fully insured |
Section 404.112
|
Table for determining the quarters of coverage you need to be fully insured |
Section 404.115
|
How we determine currently insured status |
Section 404.120
|
How we determine disability insured status |
Section 404.130
|
When you must have disability insured status |
Section 404.131
|
How we determine fully insured status for a period of disability or disability insurance benefits |
Section 404.132
|
When we give you quarters of coverage based on military service to establish a period of disability |
Section 404.133
|
What is a quarter of coverage |
Section 404.140
|
How we credit quarters of coverage for calendar years before 1978 |
Section 404.141
|
How we credit self-employment income to calendar quarters for taxable years beginning before 1978 |
Section 404.142
|
How we credit quarters of coverage for calendar years after 1977 |
Section 404.143
|
How we credit self-employment income to calendar years for taxable years beginning after 1977 |
Section 404.144
|
When you acquire a quarter of coverage |
Section 404.145
|
When a calendar quarter cannot be a quarter of coverage |
Section 404.146
|
What is included in this subpart? |
Section 404.201
|
Other regulations related to this subpart |
Section 404.202
|
Definitions |
Section 404.203
|
Methods of computing primary insurance amounts--general |
Section 404.204
|
Average-indexed-monthly-earnings method |
Section 404.210
|
Computing your average indexed monthly earnings |
Section 404.211
|
Computing your primary insurance amount from your average indexed monthly earnings |
Section 404.212
|
Computation where you are eligible for a pension based on your noncovered employment |
Section 404.213
|
Average-monthly-wage method |
Section 404.220
|
Computing your average monthly wage |
Section 404.221
|
Use of benefit table in finding your primary insurance amount from your average monthly wage |
Section 404.222
|
Guaranteed alternative |
Section 404.230
|
Steps in computing your primary insurance amount under the guaranteed alternative--general |
Section 404.231
|
Computing your average monthly wage under the guaranteed alternative |
Section 404.232
|
Adjustment of your guaranteed alternative when you become entitled after age 62 |
Section 404.233
|
Old-start method--general |
Section 404.240
|
Use of old-start primary insurance amount as guaranteed alternative |
Section 404.242
|
Computation where you are eligible for a pension based on noncovered employment |
Section 404.243
|
Special computation rules for people who had a period of disability |
Section 404.250
|
Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended |
Section 404.251
|
Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended |
Section 404.252
|
Special minimum primary insurance amounts |
Section 404.260
|
Computing your special minimum primary insurance amount |
Section 404.261
|
Cost-of-living increases |
Section 404.270
|
When automatic cost-of-living increases apply |
Section 404.271
|
Indexes we use to measure the rise in the cost-of-living |
Section 404.272
|
When are automatic cost-of-living increases effective? |
Section 404.273
|
What are the measuring periods we use to calculate cost-of-living increases? |
Section 404.274
|
How is an automatic cost-of-living increase calculated? |
Section 404.275
|
Publication of notice of increase |
Section 404.276
|
When does the frozen minimum primary insurance amount increase because of cost-of-living adjustments? |
Section 404.277
|
Additional cost-of-living increase |
Section 404.278
|
Recomputations |
Section 404.280
|
Why your primary insurance amount may be recomputed |
Section 404.281
|
Effective date of recomputations |
Section 404.282
|
Recomputation under method other than that used to find your primary insurance amount |
Section 404.283
|
Recomputations for people who reach age 62, or become disabled, or die before age 62 after 1978 |
Section 404.284
|
Recomputations performed automatically |
Section 404.285
|
How to request an immediate recomputation |
Section 404.286
|
Waiver of recomputation |
Section 404.287
|
Recomputing when you are entitled to a monthly pension based on noncovered employment |
Section 404.288
|
Recalculations |
Section 404.290
|
Introduction |
Section 404.301
|
Other regulations related to this subpart |
Section 404.302
|
Definitions |
Section 404.303
|
What are the general rules on benefit amounts? |
Section 404.304
|
When you may not be entitled to benefits |
Section 404.305
|
When am I entitled to old-age benefits? |
Section 404.310
|
When does my entitlement to old-age benefits begin and end? |
Section 404.311
|
How is my old-age benefit amount calculated? |
Section 404.312
|
What are delayed retirement credits and how do they increase my old-age benefit amount? |
Section 404.313
|
Who is entitled to disability benefits? |
Section 404.315
|
When entitlement to disability benefits begins and ends |
Section 404.316
|
How is the amount of my disability benefit calculated? |
Section 404.317
|
Who is entitled to a period of disability |
Section 404.320
|
When a period of disability begins and ends |
Section 404.321
|
When you may apply for a period of disability after a delay due to a physical or mental condition |
Section 404.322
|
The termination month |
Section 404.325
|
When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other |
Section 404.327
|
When your completion of the program, or your continuation in the program for a specified period of time, will increase the |
Section 404.328
|
Who is entitled to wife's or husband's benefits |
Section 404.330
|
Who is entitled to wife's or husband's benefits as a divorced spouse |
Section 404.331
|
When wife's and husband's benefits begin and end |
Section 404.332
|
Wife's and husband's benefit amounts |
Section 404.333
|
How do I become entitled to widow's or widower's benefits? |
Section 404.335
|
How do I become entitled to widow's or widower's benefits as a surviving divorced spouse? |
Section 404.336
|
When does my entitlement to widow's and widower's benefits start and end? |
Section 404.337
|
Widow's and widower's benefits amounts |
Section 404.338
|
How do I become entitled to mother's or father's benefits as a surviving spouse? |
Section 404.339
|
How do I become entitled to mother's or father's benefits as a surviving divorced spouse? |
Section 404.340
|
When mother's and father's benefits begin and end |
Section 404.341
|
Mother's and father's benefit amounts |
Section 404.342
|
Your relationship by marriage to the insured |
Section 404.344
|
Your relationship as wife, husband, widow, or widower under State law |
Section 404.345
|
Your relationship as wife, husband, widow, or widower based upon a deemed valid marriage |
Section 404.346
|
When is a child living with me in my care? |
Section 404.348
|
When is a child living apart from me in my care? |
Section 404.349
|
Who is entitled to child's benefits? |
Section 404.350
|
Who may be reentitled to child's benefits? |
Section 404.351
|
When does my entitlement to child's benefits begin and end? |
Section 404.352
|
Child's benefit amounts |
Section 404.353
|
Your relationship to the insured |
Section 404.354
|
Who is the insured's natural child? |
Section 404.355
|
Who is the insured's legally adopted child? |
Section 404.356
|
Who is the insured's stepchild? |
Section 404.357
|
Who is the insured's grandchild or stepgrandchild? |
Section 404.358
|
Who is the insured's equitably adopted child? |
Section 404.359
|
When a child is dependent upon the insured person |
Section 404.360
|
When a natural child is dependent |
Section 404.361
|
When a legally adopted child is dependent |
Section 404.362
|
When is a stepchild dependent? |
Section 404.363
|
When is a grandchild or stepgrandchild dependent? |
Section 404.364
|
When an equitably adopted child is dependent |
Section 404.365
|
When you are a ``full-time elementary or secondary school student'' |
Section 404.367
|
When you are considered a full-time student during a period of nonattendance |
Section 404.368
|
Who is entitled to parent's benefits? |
Section 404.370
|
When parent's benefits begin and end |
Section 404.371
|
Parent's benefit amounts |
Section 404.373
|
Parent's relationship to the insured |
Section 404.374
|
General |
Section 404.380
|
Who is entitled to special age 72 payments? |
Section 404.381
|
When special age 72 payments begin and end |
Section 404.382
|
Special age 72 payment amounts |
Section 404.383
|
Reductions, suspensions, and nonpayments of special age 72 payments |
Section 404.384
|
General |
Section 404.390
|
Who is entitled to the lump-sum death payment as a widow or widower who was living in the same household? |
Section 404.391
|
Who is entitled to the lump-sum death payment when there is no widow(er) who was living in the same household? |
Section 404.392
|
Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments |
Section 404.401
|
Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits |
Section 404.402
|
Reduction where total monthly benefits exceed maximum family benefits payable |
Section 404.403
|
How reduction for maximum affects insured individual and other persons entitled on his earnings record |
Section 404.404
|
Situations where total benefits can exceed maximum because of ``savings clause |
Section 404.405
|
Reduction for maximum because of retroactive effect of application for monthly benefits |
Section 404.406
|
Reduction because of entitlement to other benefits |
Section 404.407
|
Reduction of benefits based on disability on account of receipt of certain other disability benefits provided under Federal, |
Section 404.408
|
What is full retirement age? |
Section 404.409
|
How does SSA reduce my benefits when my entitlement begins before full retirement age? |
Section 404.410
|
How are benefits reduced for age when a person is entitled to two or more benefits? |
Section 404.411
|
After my benefits are reduced for age when and how will adjustments to that reduction be made? |
Section 404.412
|
After my benefits are reduced for age what happens if there is an increase in my primary insurance amount? |
Section 404.413
|
Deductions because of excess earnings |
Section 404.415
|
Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test |
Section 404.417
|
Persons deemed entitled to benefits based on an individual's earnings record |
Section 404.420
|
How are deductions made when a beneficiary fails to have a child in his or her care? |
Section 404.421
|
Manner of making deductions |
Section 404.423
|
Total amount of deductions where more than one deduction event occurs in a month |
Section 404.424
|
Total amount of deductions where deduction events occur in more than 1 month |
Section 404.425
|
Earnings in a taxable year |
Section 404.428
|
Earnings; defined |
Section 404.429
|
Monthly and annual exempt amounts defined; excess earnings defined |
Section 404.430
|
Excess earnings; method of charging |
Section 404.434
|
Excess earnings; months to which excess earnings can or cannot be charged; grace year defined |
Section 404.435
|
Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits |
Section 404.436
|
Excess earnings; benefit rate subject to deductions because of excess earnings |
Section 404.437
|
Partial monthly benefits; excess earnings of the individual charged against his benefits and the benefits of persons |
Section 404.439
|
Partial monthly benefits; pro-rated share of partial payment exceeds the benefit before deduction for excess earnings |
Section 404.440
|
Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both |
Section 404.441
|
Definition of ``substantial services'' and ``services |
Section 404.446
|
Evaluation of factors involved in substantial services test |
Section 404.447
|
Required reports of work outside the United States or failure to have care of a child |
Section 404.450
|
Penalty deductions for failure to report within prescribed time limit noncovered remunerative activity outside the United States |
Section 404.451
|
Reports to Social Security Administration of earnings; wages; net earnings from self-employment |
Section 404.452
|
Penalty deductions for failure to report earnings timely |
Section 404.453
|
Good cause for failure to make required reports |
Section 404.454
|
Request by Social Security Administration for reports of earnings and estimated earnings; effect of failure to comply |
Section 404.455
|
Current suspension of benefits because an individual works or engages in self-employment |
Section 404.456
|
Deductions where taxes neither deducted from wages of certain maritime employees nor paid |
Section 404.457
|
Limiting deductions where total family benefits payable would not be affected or would be only partly affected |
Section 404.458
|
Penalty for making false or misleading statements or withholding information |
Section 404.459
|
Nonpayment of monthly benefits to aliens outside the United States |
Section 404.460
|
Nonpayment of lump sum after death of alien outside United States for more than 6 months |
Section 404.461
|
Nonpayment of hospital and medical insurance benefits of alien outside United States for more than 6 months |
Section 404.462
|
Nonpayment of benefits of aliens outside the United States; ``foreign social insurance system,'' and ``treaty obligation'' exceptions |
Section 404.463
|
How does deportation or removal from the United States affect the receipt of benefits? |
Section 404.464
|
Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits |
Section 404.465
|
Conviction for subversive activities; effect on enrollment for supplementary medical insurance benefits |
Section 404.466
|
Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory |
Section 404.467
|
Nonpayment of benefits to prisoners |
Section 404.468
|
Nonpayment of benefits where individual has not furnished or applied for a Social Security number |
Section 404.469
|
Nonpayment of disability benefits due to noncompliance with rules regarding treatment for drug addiction or alcoholism |
Section 404.470
|
Nonpayment of disability benefits for trial work period service months upon a conviction of fraudulently concealing work |
Section 404.471
|
Paying benefits in installments: Drug addiction or alcoholism |
Section 404.480
|
General applicability of section 204 of the Act |
Section 404.501
|
Overpayments |
Section 404.502
|
Underpayments |
Section 404.503
|
Relation to provisions for reductions and increases |
Section 404.504
|
Relationship to provisions requiring deductions |
Section 404.505
|
When waiver may be applied and how to process the request |
Section 404.506
|
Fault |
Section 404.507
|
Defeat the purpose of Title II |
Section 404.508
|
Against equity and good conscience; defined |
Section 404.509
|
When an individual is ``without fault'' in a deduction overpayment |
Section 404.510
|
When an individual is at ``fault'' in a deduction overpayment |
Section 404.511
|
When adjustment or recovery of an overpayment will be waived |
Section 404.512
|
Liability of a certifying officer |
Section 404.513
|
Collection and compromise of claims for overpayment |
Section 404.515
|
Referral of overpayments to the Department of the Treasury for tax refund offset--General |
Section 404.520
|
Notice to overpaid persons |
Section 404.521
|
Review within SSA that an overpayment is past due and legally enforceable |
Section 404.522
|
Findings by SSA |
Section 404.523
|
Review of our records related to the overpayment |
Section 404.524
|
Suspension of offset |
Section 404.525
|
Tax refund insufficient to cover amount of overpayment |
Section 404.526
|
Additional methods for recovery of title II benefit overpayments |
Section 404.527
|
Are title VIII and title XVI benefits subject to adjustment to recover title II overpayments? |
Section 404.530
|
How much will we withhold from your title VIII and title XVI benefits to recover a title II overpayment? |
Section 404.535
|
Will you receive notice of our intention to apply cross-program recovery? |
Section 404.540
|
When will we begin cross-program recovery from current monthly benefits? |
Section 404.545
|
Introduction |
Section 404.601
|
Definitions |
Section 404.602
|
You must file an application to receive benefits |
Section 404.603
|
What makes an application a claim for benefits? |
Section 404.610
|
How do I file an application for Social Security benefits? |
Section 404.611
|
Who may sign an application |
Section 404.612
|
Evidence of authority to sign an application for another |
Section 404.613
|
When an application or other form is considered filed |
Section 404.614
|
Claimant must be alive when an application is filed |
Section 404.615
|
Pilot program for photographic identification of disability benefit applicants in designated geographic areas |
Section 404.617
|
Filing before the first month you meet the requirements for benefits |
Section 404.620
|
What happens if I file after the first month I meet the requirements for benefits? |
Section 404.621
|
Limiting an application |
Section 404.622
|
Am I required to file for all benefits if I am eligible for old-age and husband's or wife's benefits? |
Section 404.623
|
Use of date of written statement as filing date |
Section 404.630
|
Statements filed with the Railroad Retirement Board |
Section 404.631
|
Statements filed with a hospital |
Section 404.632
|
Deemed filing date in a case of misinformation |
Section 404.633
|
Withdrawal of an application |
Section 404.640
|
Cancellation of a request to withdraw |
Section 404.641
|
Introduction |
Section 404.701
|
Definitions |
Section 404.702
|
When evidence is needed |
Section 404.703
|
Your responsibility for giving evidence |
Section 404.704
|
Failure to give requested evidence |
Section 404.705
|
Where to give evidence |
Section 404.706
|
Original records or copies as evidence |
Section 404.707
|
How we decide what is enough evidence |
Section 404.708
|
Preferred evidence and other evidence |
Section 404.709
|
When evidence of age is needed |
Section 404.715
|
Type of evidence of age to be given |
Section 404.716
|
Evidence of a person's death |
Section 404.720
|
Evidence to presume a person is dead |
Section 404.721
|
Rebuttal of a presumption of death |
Section 404.722
|
When evidence of marriage is required |
Section 404.723
|
Evidence of a valid ceremonial marriage |
Section 404.725
|
Evidence of common-law marriage |
Section 404.726
|
Evidence of a deemed valid marriage |
Section 404.727
|
Evidence a marriage has ended |
Section 404.728
|
When evidence of a parent or child relationship is needed |
Section 404.730
|
Evidence you are a natural parent or child |
Section 404.731
|
Evidence you are a stepparent or stepchild |
Section 404.732
|
Evidence you are the legally adopting parent or legally adopted child |
Section 404.733
|
Evidence you are an equitably adopted child |
Section 404.734
|
Evidence you are the grandchild or stepgrandchild |
Section 404.735
|
Evidence of a child's dependency |
Section 404.736
|
Evidence of school attendance for child age 18 or older |
Section 404.745
|
Evidence of a parent's support |
Section 404.750
|
Evidence of living in the same household with insured person |
Section 404.760
|
What is acceptable evidence of having a child in my care? |
Section 404.762
|
Evidence of where the insured person had a permanent home |
Section 404.770
|
Evidence of ``good cause'' for exceeding time limits on accepting proof of support or application for a lump-sum death |
Section 404.780
|
Introduction |
Section 404.801
|
Definitions |
Section 404.802
|
Conclusiveness of the record of your earnings |
Section 404.803
|
How to obtain a statement of earnings and a benefit estimate statement |
Section 404.810
|
The statement of earnings and benefit estimates you requested |
Section 404.811
|
Statement of earnings and benefit estimates sent without request |
Section 404.812
|
Filing a request for correction of the record of your earnings |
Section 404.820
|
Correction of the record of your earnings before the time limit ends |
Section 404.821
|
Correction of the record of your earnings after the time limit ends |
Section 404.822
|
Correction of the record of your earnings for work in the employ of the United States |
Section 404.823
|
Notice of removal or reduction of your wages |
Section 404.830
|
Notice of removal or reduction of your self-employment income |
Section 404.831
|
Introduction |
Section 404.900
|
Introduction |
Section 404.900
|
Definitions |
Section 404.901
|
Administrative actions that are initial determinations |
Section 404.902
|
Administrative actions that are not initial determinations |
Section 404.903
|
Notice of the initial determination |
Section 404.904
|
Effect of an initial determination |
Section 404.905
|
Testing modifications to the disability determination procedures |
Section 404.906
|
Reconsideration--general |
Section 404.907
|
Parties to a reconsideration |
Section 404.908
|
How to request reconsideration |
Section 404.909
|
Good cause for missing the deadline to request review |
Section 404.911
|
Reconsideration procedures |
Section 404.913
|
Disability hearing--general |
Section 404.914
|
Disability hearing--disability hearing officers |
Section 404.915
|
Disability hearing--procedures |
Section 404.916
|
Disability hearing--disability hearing officer's reconsidered determination |
Section 404.917
|
Disability hearing--review of the disability hearing officer's reconsidered determination before it is issued |
Section 404.918
|
Notice of another person's request for reconsideration |
Section 404.919
|
Reconsidered determination |
Section 404.920
|
Effect of a reconsidered determination |
Section 404.921
|
Notice of a reconsidered determination |
Section 404.922
|
Expedited appeals process--general |
Section 404.923
|
When the expedited appeals process may be used |
Section 404.924
|
How to request expedited appeals process |
Section 404.925
|
Agreement in expedited appeals process |
Section 404.926
|
Effect of expedited appeals process agreement |
Section 404.927
|
Expedited appeals process request that does not result in agreement |
Section 404.928
|
Hearing before an administrative law judge--general |
Section 404.929
|
Availability of a hearing before an administrative law judge |
Section 404.930
|
Parties to a hearing before an administrative law judge |
Section 404.932
|
How to request a hearing before an administrative law judge |
Section 404.933
|
Submitting evidence prior to a hearing before an administrative law judge |
Section 404.935
|
Submitting evidence prior to a hearing before an administrative law judge |
Section 404.935
|
Time and place for a hearing before an administrative law judge |
Section 404.936
|
Protecting the safety of the public and our employees in our hearing process |
Section 404.937
|
Notice of a hearing before an administrative law judge |
Section 404.938
|
Objections to the issues |
Section 404.939
|
Disqualification of the administrative law judge |
Section 404.940
|
Prehearing case review |
Section 404.941
|
Prehearing proceedings and decisions by attorney advisors |
Section 404.942
|
Responsibilities of the adjudication officer |
Section 404.943
|
Administrative law judge hearing procedures--general |
Section 404.944
|
Issues before an administrative law judge |
Section 404.946
|
Deciding a case without an oral hearing before an administrative law judge |
Section 404.948
|
Presenting written statements and oral arguments |
Section 404.949
|
Presenting evidence at a hearing before an administrative law judge |
Section 404.950
|
When a record of a hearing before an administrative law judge is made |
Section 404.951
|
Consolidated hearing before an administrative law judge |
Section 404.952
|
The decision of an administrative law judge |
Section 404.953
|
The effect of an administrative law judge's decision |
Section 404.955
|
Removal of a hearing request from an administrative law judge to the Appeals Council |
Section 404.956
|
Dismissal of a request for a hearing before an administrative law judge |
Section 404.957
|
Notice of dismissal of a request for a hearing before an administrative law judge |
Section 404.958
|
Effect of dismissal of a request for a hearing before an administrative law judge |
Section 404.959
|
Vacating a dismissal of a request for a hearing before an administrative law judge |
Section 404.960
|
Prehearing and posthearing conferences |
Section 404.961
|
Testing elimination of the request for Appeals Council review |
Section 404.966
|
Appeals Council review--general |
Section 404.967
|
How to request Appeals Council review |
Section 404.968
|
Appeals Council initiates review |
Section 404.969
|
Cases the Appeals Council will review |
Section 404.970
|
Dismissal by Appeals Council |
Section 404.971
|
Effect of dismissal of request for Appeals Council review |
Section 404.972
|
Notice of Appeals Council review |
Section 404.973
|
Obtaining evidence from Appeals Council |
Section 404.974
|
Filing briefs with the Appeals Council |
Section 404.975
|
Procedures before Appeals Council on review |
Section 404.976
|
Case remanded by Appeals Council |
Section 404.977
|
Decision of Appeals Council |
Section 404.979
|
Effect of Appeals Council's decision or denial of review |
Section 404.981
|
Extension of time to file action in Federal district court |
Section 404.982
|
Case remanded by a Federal court |
Section 404.983
|
Appeals Council review of administrative law judge decision in a case remanded by a Federal court |
Section 404.984
|
Application of circuit court law |
Section 404.985
|
Reopening and revising determinations and decisions |
Section 404.987
|
Conditions for reopening |
Section 404.988
|
Good cause for reopening |
Section 404.989
|
Finality of determinations and decisions on revision of an earnings record |
Section 404.990
|
Finality of determinations and decisions to suspend benefit payments for entire taxable year because of earnings |
Section 404.991
|
Notice of revised determination or decision |
Section 404.992
|
Effect of revised determination or decision |
Section 404.993
|
Time and place to request a hearing on revised determination or decision |
Section 404.994
|
Finality of findings when later claim is filed on same earnings record |
Section 404.995
|
Increase in future benefits where time period for reopening expires |
Section 404.996
|
Introduction |
Section 404.1001
|
Definitions |
Section 404.1002
|
Employment |
Section 404.1003
|
What work is covered as employment? |
Section 404.1004
|
Who is an employee |
Section 404.1005
|
Corporation officer |
Section 404.1006
|
Common-law employee |
Section 404.1007
|
Agent-driver or commission-driver, full-time life insurance salesman, home worker, or traveling or city salesman |
Section 404.1008
|
Who is an employer |
Section 404.1009
|
Farm crew leader as employer |
Section 404.1010
|
Work excluded from employment |
Section 404.1012
|
Included-excluded rule |
Section 404.1013
|
Domestic service by a student for a local college club, fraternity or sorority |
Section 404.1014
|
Family services |
Section 404.1015
|
Foreign agricultural workers |
Section 404.1016
|
Sharefarmers |
Section 404.1017
|
Work by civilians for the United States Government or its instrumentalities--wages paid after 1983 |
Section 404.1018
|
Work as a member of a uniformed service of the United States |
Section 404.1019
|
Work for States and their political subdivisions and instrumentalities |
Section 404.1020
|
Work for the District of Columbia |
Section 404.1021
|
American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands |
Section 404.1022
|
Ministers of churches and members of religious orders |
Section 404.1023
|
Election of coverage by religious orders |
Section 404.1024
|
Work for religious, charitable, educational, or certain other organizations exempt from income tax |
Section 404.1025
|
Work for a church or qualified church-controlled organization |
Section 404.1026
|
Railroad work |
Section 404.1027
|
Student working for a school, college, or university |
Section 404.1028
|
Student nurses |
Section 404.1029
|
Delivery and distribution or sale of newspapers, shopping news, and magazines |
Section 404.1030
|
Fishing |
Section 404.1031
|
Work for a foreign government |
Section 404.1032
|
Work for a wholly owned instrumentality of a foreign government |
Section 404.1033
|
Work for an international organization |
Section 404.1034
|
Work for a communist organization |
Section 404.1035
|
Certain nonresident aliens |
Section 404.1036
|
Work on or in connection with a non-American vessel or aircraft |
Section 404.1037
|
Domestic employees under age 18 |
Section 404.1038
|
Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance |
Section 404.1039
|
Wages |
Section 404.1041
|
Wages when paid and received |
Section 404.1042
|
Facilities or privileges--meals and lodging |
Section 404.1043
|
Vacation pay |
Section 404.1044
|
Employee expenses |
Section 404.1045
|
Pay for work by certain members of religious orders |
Section 404.1046
|
Annual wage limitation |
Section 404.1047
|
Contribution and benefit base after 1992 |
Section 404.1048
|
Payments under an employer plan or system |
Section 404.1049
|
Retirement payments |
Section 404.1050
|
Payments on account of sickness or accident disability, or related medical or hospitalization expenses |
Section 404.1051
|
Payments from or to certain tax-exempt trusts or payments under or into certain annuity plans |
Section 404.1052
|
Payments by an employer of employee's tax or employee's contribution under State law |
Section 404.1054
|
Payments for agricultural labor |
Section 404.1055
|
Explanation of agricultural labor |
Section 404.1056
|
Domestic service in the employer's home |
Section 404.1057
|
Special situations |
Section 404.1058
|
Deemed wages for certain individuals interned during World War II |
Section 404.1059
|
Self-employment coverage |
Section 404.1065
|
Trade or business in general |
Section 404.1066
|
Employees who are considered self-employed |
Section 404.1068
|
Real estate agents and direct sellers |
Section 404.1069
|
Christian Science practitioners |
Section 404.1070
|
Ministers and members of religious orders |
Section 404.1071
|
Public office |
Section 404.1073
|
Farm crew leader who is self-employed |
Section 404.1074
|
Members of certain religious groups opposed to insurance |
Section 404.1075
|
Individuals under railroad retirement system |
Section 404.1077
|
Net earnings from self-employment |
Section 404.1080
|
General rules for figuring net earnings from self-employment |
Section 404.1081
|
Rentals from real estate; material participation |
Section 404.1082
|
Dividends and interest |
Section 404.1083
|
Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion |
Section 404.1084
|
Net operating loss deduction |
Section 404.1085
|
Community income |
Section 404.1086
|
Figuring partner's net earnings from self-employment for taxable year which ends as a result of death |
Section 404.1087
|
Retirement payment to retired partners |
Section 404.1088
|
Figuring net earnings for residents and nonresidents of Puerto Rico |
Section 404.1089
|
Personal exemption deduction |
Section 404.1090
|
Figuring net earnings for ministers and members of religious orders |
Section 404.1091
|
Figuring net earnings for U |
Section 404.1092
|
Possession of the United States |
Section 404.1093
|
Options available for figuring net earnings from self-employment |
Section 404.1094
|
Agricultural trade or business |
Section 404.1095
|
Self-employment income |
Section 404.1096
|
General |
Section 404.1200
|
Scope of this subpart regarding coverage and wage reports and adjustments |
Section 404.1201
|
Definitions |
Section 404.1202
|
Evidence--for wages paid prior to 1987 |
Section 404.1203
|
Designating officials to act on behalf of the State |
Section 404.1204
|
Absolute coverage groups |
Section 404.1205
|
Retirement system coverage groups |
Section 404.1206
|
Divided retirement system coverage groups |
Section 404.1207
|
Ineligible employees |
Section 404.1208
|
Mandatorily excluded services |
Section 404.1209
|
Optionally excluded services |
Section 404.1210
|
Interstate instrumentalities |
Section 404.1211
|
Police officers and firefighters |
Section 404.1212
|
Agreement for coverage |
Section 404.1214
|
Modification of agreement |
Section 404.1215
|
Modification of agreement to correct an error |
Section 404.1216
|
Continuation of coverage |
Section 404.1217
|
Resumption of coverage |
Section 404.1218
|
Dissolution of political subdivision |
Section 404.1219
|
Identification numbers |
Section 404.1220
|
Records--for wages paid prior to 1987 |
Section 404.1225
|
Onsite review program |
Section 404.1230
|
Scope of review |
Section 404.1231
|
Conduct of review |
Section 404.1232
|
Reports of review's findings |
Section 404.1234
|
Wage reports and contribution returns--general--for wages paid prior to 1987 |
Section 404.1237
|
Wage reports for employees performing services in more than one coverage group--for wages paid prior to 1987 |
Section 404.1239
|
Back pay |
Section 404.1242
|
Use of reporting forms--for wages paid prior to 1987 |
Section 404.1243
|
When to report wages--for wages paid prior to 1987 |
Section 404.1247
|
When and where to make deposits of contributions and to file contribution returns and wage reports--for wages paid prior to 1987 |
Section 404.1249
|
Final reports--for wages paid prior to 1987 |
Section 404.1251
|
State's liability for contributions--for wages paid prior to 1987 |
Section 404.1255
|
Limitation on State's liability for contributions for multiple employment situations--for wages paid prior to 1987 |
Section 404.1256
|
Amount of contributions--for wages paid prior to 1987 |
Section 404.1260
|
Manner of payment of contributions by State--for wages paid prior to 1987 |
Section 404.1262
|
When fractional part of a cent may be disregarded-- for wages paid prior to 1987 |
Section 404.1263
|
Addition of interest to contributions--for wages paid prior to 1987 |
Section 404.1265
|
Failure to make timely payments--for wages paid prior to 1987 |
Section 404.1267
|
Adjustments in general--for wages paid prior to 1987 |
Section 404.1270
|
Adjustment of overpayment of contributions--for wages paid prior to 1987 |
Section 404.1271
|
Refund or recomputation of overpayments which are not adjustable--for wages paid prior to 1987 |
Section 404.1272
|
Adjustment of employee contributions--for wages paid prior to 1987 |
Section 404.1275
|
Reports and payments erroneously made to Internal Revenue Service-transfer of funds--for wages paid prior to 1987 |
Section 404.1276
|
Allowance of credits or refunds--for wages paid prior to 1987 |
Section 404.1280
|
Credits or refunds for periods of time during which no liability exists--for wages paid prior to 1987 |
Section 404.1281
|
Time limitations on credits or refunds--for wages paid prior to 1987 |
Section 404.1282
|
Exceptions to the time limitations on credits or refunds--for wages paid prior to 1987 |
Section 404.1283
|
Offsetting underpayments against overpayments--for wages paid prior to 1987 |
Section 404.1284
|
Assessments of amounts due--for wages paid prior to 1987 |
Section 404.1285
|
Time limitations on assessments--for wages paid prior to 1987 |
Section 404.1286
|
Exceptions to the time limitations on assessments --for wages paid prior to 1987 |
Section 404.1287
|
Payment after expiration of time limitation for assessment--for wages paid prior to 1987 |
Section 404.1289
|
Review of decisions by the Secretary--for wages paid prior to 1987 |
Section 404.1290
|
Reconsideration--for wages paid prior to 1987 |
Section 404.1291
|
How to request review--for wages paid prior to 1987 |
Section 404.1292
|
Time for filing request for review--for wages paid prior to 1987 |
Section 404.1293
|
Notification to State after reconsideration-- for wages paid prior to 1987 |
Section 404.1294
|
Commissioner's review--for wages paid prior to 1987 |
Section 404.1295
|
Commissioner's notification to the State-- for wages paid prior to 1987 |
Section 404.1296
|
Review by court--for wages paid prior to 1987 |
Section 404.1297
|
Time for filing civil action--for wages paid prior to 1987 |
Section 404.1298
|
Final judgments--for wages paid prior to 1987 |
Section 404.1299
|
Introduction |
Section 404.1301
|
Definitions |
Section 404.1302
|
Who is a World War II veteran |
Section 404.1310
|
Ninety-day active service requirement for World War II veterans |
Section 404.1311
|
World War II service included |
Section 404.1312
|
World War II service excluded |
Section 404.1313
|
Who is a post-World War II veteran |
Section 404.1320
|
Ninety-day active service requirement for post- World War II veterans |
Section 404.1321
|
Post-World War II service included |
Section 404.1322
|
Post-World War II service excluded |
Section 404.1323
|
Separation from active service under conditions other than dishonorable |
Section 404.1325
|
Who is a member of a uniformed service |
Section 404.1330
|
Wage credits for World War II and post-World War II veterans |
Section 404.1340
|
Wage credits for a member of a uniformed service |
Section 404.1341
|
Limits on granting World War II and post-World War II wage credits |
Section 404.1342
|
When the limits on granting World War II and post -World War II wage credits do not apply |
Section 404.1343
|
Deemed insured status |
Section 404.1350
|
When deemed insured status does not apply |
Section 404.1351
|
Benefits and payments based on deemed insured status |
Section 404.1352
|
Veterans Administration pension or compensation payable |
Section 404.1360
|
Federal benefit payable other than by Veterans Administration |
Section 404.1361
|
Treatment of social security benefits or payments where Veterans Administration pension or compensation payable |
Section 404.1362
|
Treatment of social security benefits or payments where Federal benefit payable other than by Veterans Administration |
Section 404.1363
|
Evidence of active service and separation from active service |
Section 404.1370
|
Evidence of membership in a uniformed service during the years 1957 through 1967 |
Section 404.1371
|
What is the interrelationship between the Railroad Retirement Act and the Old-Age, Survivors and Disability Insurance |
Section 404.1401
|
When are railroad industry services by a non-vested worker covered under Social Security? |
Section 404.1402
|
Effective date of coverage of railroad services under the act |
Section 404.1404
|
If you have been considered a non-vested worker, what are the situations when your railroad industry work will not |
Section 404.1405
|
Eligibility to railroad retirement benefits as a bar to payment of social security benefits |
Section 404.1406
|
When railroad retirement benefits do not bar payment of social security benefits |
Section 404.1407
|
Compensation to be treated as wages |
Section 404.1408
|
Purposes of using compensation |
Section 404.1409
|
Presumption on basis of certified compensation record |
Section 404.1410
|
Compensation quarters of coverage |
Section 404.1412
|
When will we certify payment to the Railroad Retirement Board (RRB)? |
Section 404.1413
|
Scope of subpart |
Section 404.1501
|
General definitions and terms for this subpart |
Section 404.1502
|
Who makes disability and blindness determinations |
Section 404.1503
|
Determinations by other organizations and agencies |
Section 404.1504
|
Basic definition of disability |
Section 404.1505
|
When we will not consider your impairment |
Section 404.1506
|
What is needed to show an impairment |
Section 404.1508
|
How long the impairment must last |
Section 404.1509
|
Meaning of substantial gainful activity |
Section 404.1510
|
Definition of a disabling impairment |
Section 404.1511
|
Evidence |
Section 404.1512
|
Evidence |
Section 404.1512
|
Medical and other evidence of your impairment(s) |
Section 404.1513
|
When we will purchase existing evidence |
Section 404.1514
|
Where and how to submit evidence |
Section 404.1515
|
If you fail to submit medical and other evidence |
Section 404.1516
|
Consultative examination at our expense |
Section 404.1517
|
If you do not appear at a consultative examination |
Section 404.1518
|
The consultative examination |
Section 404.1519
|
Evaluation of disability in general |
Section 404.1520
|
What we mean by an impairment(s) that is not severe |
Section 404.1521
|
When you have two or more unrelated impairments--initial claims |
Section 404.1522
|
Multiple impairments |
Section 404.1523
|
Listing of Impairments in appendix 1 |
Section 404.1525
|
Medical equivalence |
Section 404.1526
|
Evaluating opinion evidence |
Section 404.1527
|
Symptoms, signs, and laboratory findings |
Section 404.1528
|
How we evaluate symptoms, including pain |
Section 404.1529
|
Need to follow prescribed treatment |
Section 404.1530
|
How we will determine whether your drug addiction or alcoholism is a contributing factor material to the determination |
Section 404.1535
|
Treatment required for individuals whose drug addiction or alcoholism is a contributing factor material to the determination |
Section 404.1536
|
What we mean by appropriate treatment |
Section 404.1537
|
What we mean by approved institutions or facilities |
Section 404.1538
|
How we consider whether treatment is available |
Section 404.1539
|
Evaluating compliance with the treatment requirements |
Section 404.1540
|
Establishment and use of referral and monitoring agencies |
Section 404.1541
|
Your residual functional capacity |
Section 404.1545
|
Responsibility for assessing your residual functional capacity |
Section 404.1546
|
When we will consider your vocational background |
Section 404.1560
|
Medical-vocational profiles showing an inability to make an adjustment to other work |
Section 404.1562
|
Your age as a vocational factor |
Section 404.1563
|
Your education as a vocational factor |
Section 404.1564
|
Your work experience as a vocational factor |
Section 404.1565
|
Work which exists in the national economy |
Section 404.1566
|
Physical exertion requirements |
Section 404.1567
|
Skill requirements |
Section 404.1568
|
Listing of Medical-Vocational Guidelines in appendix 2 |
Section 404.1569
|
General |
Section 404.1571
|
What we mean by substantial gainful activity |
Section 404.1572
|
General information about work activity |
Section 404.1573
|
Evaluation guides if you are an employee |
Section 404.1574
|
Evaluation guides if you are self-employed |
Section 404.1575
|
Impairment-related work expenses |
Section 404.1576
|
Disability defined for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to |
Section 404.1577
|
How we determine disability for widows, widowers, and surviving divorced spouses for monthly benefits payable for months |
Section 404.1578
|
How we will determine whether your disability continues or ends |
Section 404.1579
|
Meaning of blindness as defined in the law |
Section 404.1581
|
A period of disability based on blindness |
Section 404.1582
|
How we determine disability for blind persons who are age 55 or older |
Section 404.1583
|
Evaluation of work activity of blind people |
Section 404.1584
|
Trial work period for persons age 55 or older who are blind |
Section 404.1585
|
Why and when we will stop your cash benefits |
Section 404.1586
|
Circumstances under which we may suspend and terminate your benefits before we make a determination |
Section 404.1587
|
Your responsibility to tell us of events that may change your disability status |
Section 404.1588
|
We may conduct a review to find out whether you continue to be disabled |
Section 404.1589
|
When and how often we will conduct a continuing disability review |
Section 404.1590
|
If your medical recovery was expected and you returned to work |
Section 404.1591
|
The trial work period |
Section 404.1592
|
Medical evidence in continuing disability review cases |
Section 404.1593
|
How we will determine whether your disability continues or ends |
Section 404.1594
|
When we determine that you are not now disabled |
Section 404.1595
|
Circumstances under which we may suspend and terminate your benefits before we make a determination |
Section 404.1596
|
After we make a determination that you are not now disabled |
Section 404.1597
|
If you become disabled by another impairment(s) |
Section 404.1598
|
Work incentive experiments and rehabilitation demonstration projects in the disability program |
Section 404.1599
|
Purpose and scope |
Section 404.1601
|
Definitions |
Section 404.1602
|
Basic responsibilities for us and the State |
Section 404.1603
|
How a State notifies us that it wishes to perform the disability determination function |
Section 404.1610
|
How we notify a State whether it may perform the disability determination function |
Section 404.1611
|
Disability determinations the State makes |
Section 404.1613
|
Responsibilities for obtaining evidence to make disability determinations |
Section 404.1614
|
Making disability determinations |
Section 404.1615
|
Medical or psychological consultants |
Section 404.1616
|
Reasonable efforts to obtain review by a qualified psychiatrist or psychologist |
Section 404.1617
|
Notifying claimants of the disability determination |
Section 404.1618
|
Quick disability determination process |
Section 404.1619
|
General administrative requirements |
Section 404.1620
|
Personnel |
Section 404.1621
|
Training |
Section 404.1622
|
Facilities |
Section 404.1623
|
Medical and other purchased services |
Section 404.1624
|
Records and reports |
Section 404.1625
|
Fiscal |
Section 404.1626
|
Audits |
Section 404.1627
|
Property |
Section 404.1628
|
Participation in research and demonstration projects |
Section 404.1629
|
Coordination with other agencies |
Section 404.1630
|
Confidentiality of information and records |
Section 404.1631
|
Other Federal laws and regulations |
Section 404.1632
|
Policies and operating instructions |
Section 404.1633
|
General |
Section 404.1640
|
Standards of performance |
Section 404.1641
|
Processing time standards |
Section 404.1642
|
Performance accuracy standard |
Section 404.1643
|
How and when we determine whether the processing time standards are met |
Section 404.1644
|
How and when we determine whether the performance accuracy standard is met |
Section 404.1645
|
Action we will take if a State agency does not meet the standards |
Section 404.1650
|
How we will monitor |
Section 404.1660
|
When we will provide performance support |
Section 404.1661
|
What support we will provide |
Section 404.1662
|
General |
Section 404.1670
|
Good cause for not following the Act, our regulations, or other written guidelines |
Section 404.1671
|
Finding of substantial failure |
Section 404.1675
|
Notice of right to hearing on proposed finding of substantial failure |
Section 404.1680
|
Disputes on matters other than substantial failure |
Section 404.1681
|
Who conducts the hearings |
Section 404.1682
|
Hearings and appeals process |
Section 404.1683
|
Assumption when we make a finding of substantial failure |
Section 404.1690
|
Assumption when State no longer wishes to perform the disability determination function |
Section 404.1691
|
Protection of State employees |
Section 404.1692
|
Limitation on State expenditures after notice |
Section 404.1693
|
Final accounting by the State |
Section 404.1694
|
Introduction |
Section 404.1700
|
Definitions |
Section 404.1703
|
Who may be your representative |
Section 404.1705
|
Notification of options for obtaining attorney representation |
Section 404.1706
|
Appointing a representative |
Section 404.1707
|
Authority of a representative |
Section 404.1710
|
Mandatory use of electronic services |
Section 404.1713
|
Notice or request to a representative |
Section 404.1715
|
Direct payment of fees to eligible non-attorney representatives |
Section 404.1717
|
Fee for a representative's services |
Section 404.1720
|
Request for approval of a fee |
Section 404.1725
|
Proceedings before a State or Federal court |
Section 404.1728
|
Payment of fees |
Section 404.1730
|
Rules of conduct and standards of responsibility for representatives |
Section 404.1740
|
Rules of conduct and standards of responsibility for representatives |
Section 404.1740
|
Violations of our requirements, rules, or standards |
Section 404.1745
|
Notice of charges against a representative |
Section 404.1750
|
Withdrawing charges against a representative |
Section 404.1755
|
Hearing on charges |
Section 404.1765
|
Decision by hearing officer |
Section 404.1770
|
Requesting review of the hearing officer's decision |
Section 404.1775
|
Assignment of request for review of the hearing officer's decision |
Section 404.1776
|
Appeals Council's review of hearing officer's decision |
Section 404.1780
|
Evidence permitted on review |
Section 404.1785
|
Appeals Council's decision |
Section 404.1790
|
When the Appeals Council will dismiss a request for review |
Section 404.1795
|
Reinstatement after suspension--period of suspension expired |
Section 404.1797
|
Reinstatement after suspension or disqualification --period of suspension not expired |
Section 404.1799
|
Introduction |
Section 404.1800
|
Paying benefits |
Section 404.1805
|
Monthly payment day |
Section 404.1807
|
Expediting benefit payments |
Section 404.1810
|
Withholding certification or payments |
Section 404.1815
|
Transfer or assignment of payments |
Section 404.1820
|
Garnishment of payments after disbursement |
Section 404.1821
|
Joint payments to a family |
Section 404.1825
|
Introduction |
Section 404.1901
|
Definitions |
Section 404.1902
|
Negotiating totalization agreements |
Section 404.1903
|
Effective date of a totalization agreement |
Section 404.1904
|
Termination of agreements |
Section 404.1905
|
Crediting foreign periods of coverage |
Section 404.1908
|
Person qualifies under more than one totalization agreement |
Section 404.1910
|
Effects of a totalization agreement on entitlement to hospital insurance benefits |
Section 404.1911
|
Precluding dual coverage |
Section 404.1913
|
Certificate of coverage |
Section 404.1914
|
Payment of contributions |
Section 404.1915
|
How benefits are computed |
Section 404.1918
|
How benefits are recomputed |
Section 404.1919
|
Supplementing the U |
Section 404.1920
|
Benefits of less than $1 due |
Section 404.1921
|
Applications |
Section 404.1925
|
Evidence |
Section 404.1926
|
Appeals |
Section 404.1927
|
Effect of the alien non-payment provision |
Section 404.1928
|
Overpayments |
Section 404.1929
|
Disclosure of information |
Section 404.1930
|
Introduction |
Section 404.2001
|
When payment will be made to a representative payee |
Section 404.2010
|
What happens to your monthly benefits while we are finding a suitable representative payee for you? |
Section 404.2011
|
Information considered in determining whether to make representative payments |
Section 404.2015
|
Information considered in selecting a representative payee |
Section 404.2020
|
What is our order of preference in selecting a representative payee for you? |
Section 404.2021
|
Who may not serve as a representative payee? |
Section 404.2022
|
How do we investigate a representative payee applicant? |
Section 404.2024
|
What information must a representative payee report to us? |
Section 404.2025
|
How will we notify you when we decide you need a representative payee? |
Section 404.2030
|
What are the responsibilities of your representative payee? |
Section 404.2035
|
Use of benefit payments |
Section 404.2040
|
Who is liable if your representative payee misuses your benefits? |
Section 404.2041
|
Conservation and investment of benefit payments |
Section 404.2045
|
When will we select a new representative payee for you? |
Section 404.2050
|
When representative payment will be stopped |
Section 404.2055
|
Transfer of accumulated benefit payments |
Section 404.2060
|
How does your representative payee account for the use of benefits? |
Section 404.2065
|
General |
Section 404.2101
|
Purpose and scope |
Section 404.2102
|
Definitions |
Section 404.2103
|
Participation by State VR agencies or alternate participants |
Section 404.2104
|
Basic qualifications for alternate participants |
Section 404.2106
|
Requirements for payment |
Section 404.2108
|
Responsibility for making payment decisions |
Section 404.2109
|
What we mean by ``SGA'' and by ``a continuous period of 9 months'' |
Section 404.2110
|
Criteria for determining when VR services will be considered to have contributed to a continuous period of 9 months |
Section 404.2111
|
Payment for VR services in a case where an individual continues to receive disability payments based on participation in |
Section 404.2112
|
Services for which payment may be made |
Section 404.2114
|
When services must have been provided |
Section 404.2115
|
When claims for payment for VR services must be made (filing deadlines) |
Section 404.2116
|
What costs will be paid |
Section 404.2117
|
Applicability of these provisions to alternate participants |
Section 404.2118
|
Method of payment |
Section 404.2119
|
Audits |
Section 404.2120
|
Validation reviews |
Section 404.2121
|
Confidentiality of information and records |
Section 404.2122
|
Other Federal laws and regulations |
Section 404.2123
|
Resolution of disputes |
Section 404.2127
|
Introduction |