Counsel Stack
|
Law
Browse
Pricing
Counsel Stack
API Docs
Home
/
CFR
/
Title 20
/
Part 404
FEDERAL · 20 CFR
Part 404 — Federal Old-Age, Survivors and Disability Insurance (1950- )
796 sections · Title 20: Employees' Benefits
§ 404.1
Introduction.
§ 404.2
General definitions and use of terms.
§ 404.3
General provisions.
§ 404.101
Introduction.
§ 404.102
Definitions.
§ 404.110
How we determine fully insured status.
§ 404.111
When we consider a person fully insured based on World War II active military or naval service.
§ 404.112
When we consider certain employees of private nonprofit organizations to be fully insured.
§ 404.115
Table for determining the quarters of coverage you need to be fully insured.
§ 404.120
How we determine currently insured status.
§ 404.130
How we determine disability insured status.
§ 404.131
When you must have disability insured status.
§ 404.132
How we determine fully insured status for a period of disability or disability insurance benefits.
§ 404.133
When we give you quarters of coverage based on military service to establish a period of disability.
§ 404.140
What is a quarter of coverage.
§ 404.141
How we credit quarters of coverage for calendar years before 1978.
§ 404.142
How we credit self-employment income to calendar quarters for taxable years beginning before 1978.
§ 404.143
How we credit quarters of coverage for calendar years after 1977.
§ 404.144
How we credit self-employment income to calendar years for taxable years beginning after 1977.
§ 404.145
When you acquire a quarter of coverage.
§ 404.146
When a calendar quarter cannot be a quarter of coverage.
§ 404.201
What is included in this subpart?
§ 404.202
Other regulations related to this subpart.
§ 404.203
Definitions.
§ 404.204
Methods of computing primary insurance amounts—general.
§ 404.210
Average-indexed-monthly-earnings method.
§ 404.211
Computing your average indexed monthly earnings.
§ 404.212
Computing your primary insurance amount from your average indexed monthly earnings.
§ 404.213
Computation where you are eligible for a pension based on your noncovered employment.
§ 404.220
Average-monthly-wage method.
§ 404.221
Computing your average monthly wage.
§ 404.222
Use of benefit table in finding your primary insurance amount from your average monthly wage.
§ 404.230
Guaranteed alternative.
§ 404.231
Steps in computing your primary insurance amount under the guaranteed alternative—general.
§ 404.232
Computing your average monthly wage under the guaranteed alternative.
§ 404.233
Adjustment of your guaranteed alternative when you become entitled after age 62.
§ 404.240
Old-start method—general.
§ 404.241
1977 simplified old-start method.
§ 404.242
Use of old-start primary insurance amount as guaranteed alternative.
§ 404.243
Computation where you are eligible for a pension based on noncovered employment.
§ 404.250
Special computation rules for people who had a period of disability.
§ 404.251
Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended.
§ 404.252
Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended.
§ 404.260
Special minimum primary insurance amounts.
§ 404.261
Computing your special minimum primary insurance amount.
§ 404.270
Cost-of-living increases.
§ 404.271
When automatic cost-of-living increases apply.
§ 404.272
Indexes we use to measure the rise in the cost-of-living.
§ 404.273
When are automatic cost-of-living increases effective?
§ 404.274
What are the measuring periods we use to calculate cost-of-living increases?
§ 404.275
How is an automatic cost-of-living increase calculated?
§ 404.276
Publication of notice of increase.
§ 404.277
When does the frozen minimum primary insurance amount increase because of cost-of-living adjustments?
§ 404.278
Additional cost-of-living increase.
§ 404.280
Recomputations.
§ 404.281
Why your primary insurance amount may be recomputed.
§ 404.282
Effective date of recomputations.
§ 404.283
Recomputation under method other than that used to find your primary insurance amount.
§ 404.284
Recomputations for people who reach age 62, or become disabled, or die before age 62 after 1978.
§ 404.285
Recomputations performed automatically.
§ 404.286
How to request an immediate recomputation.
§ 404.287
Waiver of recomputation.
§ 404.288
Recomputing when you are entitled to a monthly pension based on noncovered employment.
§ 404.290
Recalculations.
§ 404.301
Introduction.
§ 404.302
Other regulations related to this subpart.
§ 404.303
Definitions.
§ 404.304
What are the general rules on benefit amounts?
§ 404.305
When you may not be entitled to benefits.
§ 404.310
When am I entitled to old-age benefits?
§ 404.311
When does my entitlement to old-age benefits begin and end?
§ 404.312
How is my old-age benefit amount calculated?
§ 404.313
What are delayed retirement credits and how do they increase my old-age benefit amount?
§ 404.315
Who is entitled to disability benefits?
§ 404.316
When entitlement to disability benefits begins and ends.
§ 404.317
How is the amount of my disability benefit calculated?
§ 404.320
Who is entitled to a period of disability.
§ 404.321
When a period of disability begins and ends.
§ 404.322
When you may apply for a period of disability after a delay due to a physical or mental condition.
§ 404.325
The termination month.
§ 404.327
When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
§ 404.328
When your completion of the program, or your continuation in the program for a specified period of time, will increase the likelihood that you will not have to return to the disability benefit rolls.
§ 404.330
Who is entitled to wife's or husband's benefits.
§ 404.331
Who is entitled to wife's or husband's benefits as a divorced spouse.
§ 404.332
When wife's and husband's benefits begin and end.
§ 404.333
Wife's and husband's benefit amounts.
§ 404.335
How do I become entitled to widow's or widower's benefits?
§ 404.336
How do I become entitled to widow's or widower's benefits as a surviving divorced spouse?
§ 404.337
When does my entitlement to widow's and widower's benefits start and end?
§ 404.338
Widow's and widower's benefits amounts.
§ 404.339
How do I become entitled to mother's or father's benefits as a surviving spouse?
§ 404.340
How do I become entitled to mother's or father's benefits as a surviving divorced spouse?
§ 404.341
When mother's and father's benefits begin and end.
§ 404.342
Mother's and father's benefit amounts.
§ 404.344
Your relationship by marriage to the insured.
§ 404.345
Your relationship as wife, husband, widow, or widower under State law.
§ 404.346
Your relationship as wife, husband, widow, or widower based upon a deemed valid marriage.
§ 404.347
“Living in the same household” defined.
§ 404.348
When is a child living with me in my care?
§ 404.349
When is a child living apart from me in my care?
§ 404.350
Who is entitled to child's benefits?
§ 404.351
Who may be reentitled to child's benefits?
§ 404.352
When does my entitlement to child's benefits begin and end?
§ 404.353
Child's benefit amounts.
§ 404.354
Your relationship to the insured.
§ 404.355
Who is the insured's natural child?
§ 404.356
Who is the insured's legally adopted child?
§ 404.357
Who is the insured's stepchild?
§ 404.358
Who is the insured's grandchild or stepgrandchild?
§ 404.359
Who is the insured's equitably adopted child?
§ 404.360
When a child is dependent upon the insured person.
§ 404.361
When a natural child is dependent.
§ 404.362
When a legally adopted child is dependent.
§ 404.363
When is a stepchild dependent?
§ 404.364
When is a grandchild or stepgrandchild dependent?
§ 404.365
When an equitably adopted child is dependent.
§ 404.366
“Contributions for support,” “one-half support,” and “living with” the insured defined—determining first month of entitlement.
§ 404.367
When you are a “full-time elementary or secondary school student”.
§ 404.368
When you are considered a full-time student during a period of nonattendance.
§ 404.370
Who is entitled to parent's benefits?
§ 404.371
When parent's benefits begin and end.
§ 404.373
Parent's benefit amounts.
§ 404.374
Parent's relationship to the insured.
§ 404.380-404.384
§§ 404.380-404.384 [Reserved]
§ 404.390
General.
§ 404.391
Who is entitled to the lump-sum death payment as a widow or widower who was living in the same household?
§ 404.392
Who is entitled to the lump-sum death payment when there is no widow(er) who was living in the same household?
§ 404.401
Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments.
§ 404.401a
When we do not pay benefits because of a disability beneficiary's work activity.
§ 404.402
Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.
§ 404.403
Reduction where total monthly benefits exceed maximum family benefits payable.
§ 404.404
How reduction for maximum affects insured individual and other persons entitled on his earnings record.
§ 404.405
Situations where total benefits can exceed maximum because of “savings clause.”
§ 404.406
Reduction for maximum because of retroactive effect of application for monthly benefits.
§ 404.407
Reduction because of entitlement to other benefits.
§ 404.408
Reduction of benefits based on disability on account of receipt of certain other disability benefits provided under Federal, State, or local laws or plans.
§ 404.408a
Reduction where spouse is receiving a Government pension.
§ 404.408b
Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period.
§ 404.409
What is full retirement age?
§ 404.410
How does SSA reduce my benefits when my entitlement begins before full retirement age?
§ 404.411
How are benefits reduced for age when a person is entitled to two or more benefits?
§ 404.412
After my benefits are reduced for age when and how will adjustments to that reduction be made?
§ 404.413
After my benefits are reduced for age what happens if there is an increase in my primary insurance amount?
§ 404.415
Deductions because of excess earnings.
§ 404.417
Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test.
§ 404.418
“Noncovered remunerative activity outside the United States,” defined.
§ 404.420
Persons deemed entitled to benefits based on an individual's earnings record.
§ 404.421
How are deductions made when a beneficiary fails to have a child in his or her care?
§ 404.423
Manner of making deductions.
§ 404.424
Total amount of deductions where more than one deduction event occurs in a month.
§ 404.425
Total amount of deductions where deduction events occur in more than 1 month.
§ 404.428
Earnings in a taxable year.
§ 404.429
Earnings; defined.
§ 404.430
Monthly and annual exempt amounts defined; excess earnings defined.
§ 404.434
Excess earnings; method of charging.
§ 404.435
Excess earnings; months to which excess earnings can or cannot be charged; grace year defined.
§ 404.436
Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
§ 404.437
Excess earnings; benefit rate subject to deductions because of excess earnings.
§ 404.439
Partial monthly benefits; excess earnings of the individual charged against his benefits and the benefits of persons entitled (or deemed entitled) to benefits on his earnings record.
§ 404.440
Partial monthly benefits; pro-rated share of partial payment exceeds the benefit before deduction for excess earnings.
§ 404.441
Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings.
§ 404.446
Definition of “substantial services” and “services.”
§ 404.447
Evaluation of factors involved in substantial services test.
§ 404.450
Required reports of work outside the United States or failure to have care of a child.
§ 404.451
Penalty deductions for failure to report within prescribed time limit noncovered remunerative activity outside the United States or not having care of a child.
§ 404.452
Reports to Social Security Administration of earnings; wages; net earnings from self-employment.
§ 404.453
Penalty deductions for failure to report earnings timely.
§ 404.454
Good cause for failure to make required reports.
§ 404.455
Request by Social Security Administration for reports of earnings and estimated earnings; effect of failure to comply with request.
§ 404.456
Current suspension of benefits because an individual works or engages in self-employment.
§ 404.457
Deductions where taxes neither deducted from wages of certain maritime employees nor paid.
§ 404.458
Limiting deductions where total family benefits payable would not be affected or would be only partly affected.
§ 404.459
Penalty for making false or misleading statements or withholding information.
§ 404.460
Nonpayment of monthly benefits to aliens outside the United States.
§ 404.461
Nonpayment of lump sum after death of alien outside United States for more than 6 months.
§ 404.462
Nonpayment of hospital and medical insurance benefits of alien outside United States for more than 6 months.
§ 404.463
Nonpayment of benefits of aliens outside the United States; “foreign social insurance system,” and “treaty obligation” exceptions defined.
§ 404.464
How does deportation or removal from the United States affect the receipt of benefits?
§ 404.465
Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits.
§ 404.466
Conviction for subversive activities; effect on enrollment for supplementary medical insurance benefits.
§ 404.467
Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory blindness is engaging in substantial gainful activity.
§ 404.468
Nonpayment of benefits to prisoners.
§ 404.469
Nonpayment of benefits where individual has not furnished or applied for a Social Security number.
§ 404.471
Nonpayment of disability benefits for trial work period service months upon a conviction of fraudulently concealing work activity.
§ 404.501
General applicability of section 204 of the Act.
§ 404.502
Overpayments.
§ 404.502a
Notice of right to waiver consideration.
§ 404.503
Underpayments.
§ 404.504
Relation to provisions for reductions and increases.
§ 404.505
Relationship to provisions requiring deductions.
§ 404.506
When waiver may be applied and how to process the request.
§ 404.507
Fault.
§ 404.508
Defeat the purpose of Title II.
§ 404.509
Against equity and good conscience; defined.
§ 404.510
When an individual is “without fault” in a deduction overpayment.
§ 404.510a
When an individual is “without fault” in an entitlement overpayment.
§ 404.511
When an individual is at “fault” in a deduction overpayment.
§ 404.512
When adjustment or recovery of an overpayment will be waived.
§ 404.513
Liability of a certifying officer.
§ 404.515
Collection and compromise of claims for overpayment.
§ 404.520
Referral of overpayments to the Department of the Treasury for tax refund offset—General.
§ 404.521
Notice to overpaid persons.
§ 404.522
Review within SSA that an overpayment is past due and legally enforceable.
§ 404.523
Findings by SSA.
§ 404.524
Review of our records related to the overpayment.
§ 404.525
Suspension of offset.
§ 404.526
Tax refund insufficient to cover amount of overpayment.
§ 404.527
Additional methods for recovery of title II benefit overpayments.
§ 404.530
Are title VIII and title XVI benefits subject to adjustment to recover title II overpayments?
§ 404.535
How much will we withhold from your title VIII and title XVI benefits to recover a title II overpayment?
§ 404.540
Will you receive notice of our intention to apply cross-program recovery?
§ 404.545
When will we begin cross-program recovery from current monthly benefits?
§ 404.601
Introduction.
§ 404.602
Definitions.
§ 404.603
You must file an application to receive benefits.
§ 404.610
What makes an application a claim for benefits?
§ 404.611
How do I file an application for Social Security benefits?
§ 404.612
Who may sign an application.
§ 404.613
Evidence of authority to sign an application for another.
§ 404.614
When an application or other form is considered filed.
§ 404.615
Claimant must be alive when an application is filed.
§ 404.617
Pilot program for photographic identification of disability benefit applicants in designated geographic areas.
§ 404.620
Filing before the first month you meet the requirements for benefits.
§ 404.621
What happens if I file after the first month I meet the requirements for benefits?
§ 404.622
Limiting an application.
§ 404.623
Am I required to file for all benefits if I am eligible for old-age and husband's or wife's benefits?
§ 404.630
Use of date of written statement as filing date.
§ 404.631
Statements filed with the Railroad Retirement Board.
§ 404.632
Statements filed with a hospital.
§ 404.633
Deemed filing date in a case of misinformation.
§ 404.640
Withdrawal of an application.
§ 404.641
Cancellation of a request to withdraw.
§ 404.701
Introduction.
§ 404.702
Definitions.
§ 404.703
When evidence is needed.
§ 404.704
Your responsibility for giving evidence.
§ 404.705
Failure to give requested evidence.
§ 404.706
Where to give evidence.
§ 404.707
Original records or copies as evidence.
§ 404.708
How we decide what is enough evidence.
§ 404.709
Preferred evidence and other evidence.
§ 404.715
When evidence of age is needed.
§ 404.716
Type of evidence of age to be given.
§ 404.720
Evidence of a person's death.
§ 404.721
Evidence to presume a person is dead.
§ 404.722
Rebuttal of a presumption of death.
§ 404.723
When evidence of marriage is required.
§ 404.725
Evidence of a valid ceremonial marriage.
§ 404.726
Evidence of common-law marriage.
§ 404.727
Evidence of a deemed valid marriage.
§ 404.728
Evidence a marriage has ended.
§ 404.730
When evidence of a parent or child relationship is needed.
§ 404.731
Evidence you are a natural parent or child.
§ 404.732
Evidence you are a stepparent or stepchild.
§ 404.733
Evidence you are the legally adopting parent or legally adopted child.
§ 404.734
Evidence you are an equitably adopted child.
§ 404.735
Evidence you are the grandchild or stepgrandchild.
§ 404.736
Evidence of a child's dependency.
§ 404.745
Evidence of school attendance for child age 18 or older.
§ 404.750
Evidence of a parent's support.
§ 404.760
Evidence of living in the same household with insured person.
§ 404.762
What is acceptable evidence of having a child in my care?
§ 404.770
Evidence of where the insured person had a permanent home.
§ 404.780
Evidence of “good cause” for exceeding time limits on accepting proof of support or application for a lump-sum death payment.
§ 404.801
Introduction.
§ 404.802
Definitions.
§ 404.803
Conclusiveness of the record of your earnings.
§ 404.810
How to obtain a statement of earnings and a benefit estimate statement.
§ 404.811
The statement of earnings and benefit estimates you requested.
§ 404.812
Statement of earnings and benefit estimates sent without request.
§ 404.820
Filing a request for correction of the record of your earnings.
§ 404.821
Correction of the record of your earnings before the time limit ends.
§ 404.822
Correction of the record of your earnings after the time limit ends.
§ 404.823
Correction of the record of your earnings for work in the employ of the United States.
§ 404.830
Notice of removal or reduction of your wages.
§ 404.831
Notice of removal or reduction of your self-employment income.
§ 404.900
Introduction.
§ 404.901
Definitions.
§ 404.902
Administrative actions that are initial determinations.
§ 404.903
Administrative actions that are not initial determinations.
§ 404.904
Notice of the initial determination.
§ 404.905
Effect of an initial determination.
§ 404.906
Testing modifications to the disability determination procedures.
§ 404.907
Reconsideration—general.
§ 404.908
Parties to a reconsideration.
§ 404.909
How to request reconsideration.
§ 404.911
Good cause for missing the deadline to request review.
§ 404.913
Reconsideration procedures.
§ 404.914
Disability hearing—general.
§ 404.915
Disability hearing—disability hearing officers.
§ 404.916
Disability hearing—procedures.
§ 404.917
Disability hearing—disability hearing officer's reconsidered determination.
§ 404.918
Disability hearing—review of the disability hearing officer's reconsidered determination before it is issued.
§ 404.919
Notice of another person's request for reconsideration.
§ 404.920
Reconsidered determination.
§ 404.921
Effect of a reconsidered determination.
§ 404.922
Notice of a reconsidered determination.
§ 404.923
Expedited appeals process—general.
§ 404.924
When the expedited appeals process may be used.
§ 404.925
How to request expedited appeals process.
§ 404.926
Agreement in expedited appeals process.
§ 404.927
Effect of expedited appeals process agreement.
§ 404.928
Expedited appeals process request that does not result in agreement.
§ 404.929
Hearing before an administrative law judge—general.
§ 404.930
Availability of a hearing before an administrative law judge.
§ 404.932
Parties to a hearing before an administrative law judge.
§ 404.933
How to request a hearing before an administrative law judge.
§ 404.935
Submitting written evidence to an administrative law judge.
§ 404.936
Time, place, and manner of appearance for a hearing before an administrative law judge.
§ 404.937
Protecting the safety of the public and our employees in our hearing process.
§ 404.938
Notice of a hearing before an administrative law judge.
§ 404.939
Objections to the issues.
§ 404.940
Disqualification of the administrative law judge.
§ 404.941
Prehearing case review.
§ 404.942
Prehearing proceedings and decisions by attorney advisors.
§ 404.943
Responsibilities of the adjudication officer.
§ 404.944
Administrative law judge hearing procedures—general.
§ 404.946
Issues before an administrative law judge.
§ 404.948
Deciding a case without an oral hearing before an administrative law judge.
§ 404.949
Presenting written statements and oral arguments.
§ 404.950
Presenting evidence at a hearing before an administrative law judge.
§ 404.951
Official record.
§ 404.952
Consolidated hearing before an administrative law judge.
§ 404.953
The decision of an administrative law judge.
§ 404.955
The effect of a hearing decision.
§ 404.956
Removal of a hearing request(s) to the Appeals Council.
§ 404.957
Dismissal of a request for a hearing before an administrative law judge.
§ 404.958
Notice of dismissal of a request for a hearing before an administrative law judge.
§ 404.959
Effect of dismissal of a request for a hearing before an administrative law judge.
§ 404.960
Vacating a dismissal of a request for a hearing before an administrative law judge.
§ 404.961
Prehearing and posthearing conferences.
§ 404.965
§ 404.965 [Reserved]
§ 404.966
§ 404.966 [Reserved]
§ 404.967
Appeals Council review—general.
§ 404.968
How to request Appeals Council review.
§ 404.969
Appeals Council initiates review.
§ 404.970
Cases the Appeals Council will review.
§ 404.971
Dismissal by Appeals Council.
§ 404.972
Effect of dismissal of request for Appeals Council review.
§ 404.973
Notice of Appeals Council review.
§ 404.974
Obtaining evidence from Appeals Council.
§ 404.975
Filing briefs with the Appeals Council.
§ 404.976
Procedures before the Appeals Council.
§ 404.977
Case remanded by Appeals Council.
§ 404.979
Decision of Appeals Council.
§ 404.981
Effect of Appeals Council's decision or denial of review.
§ 404.982
Extension of time to file action in Federal district court.
§ 404.983
Case remanded by a Federal court.
§ 404.984
Appeals Council review of hearing decision in a case remanded by a Federal court.
§ 404.985
Application of circuit court law.
§ 404.987
Reopening and revising determinations and decisions.
§ 404.988
Conditions for reopening.
§ 404.989
Good cause for reopening.
§ 404.990
Finality of determinations and decisions on revision of an earnings record.
§ 404.991
Finality of determinations and decisions to suspend benefit payments for entire taxable year because of earnings.
§ 404.991a
Late completion of timely investigation.
§ 404.992
Notice of revised determination or decision.
§ 404.993
Effect of revised determination or decision.
§ 404.994
Time and place to request a hearing on revised determination or decision.
§ 404.995
Finality of findings when later claim is filed on same earnings record.
§ 404.996
Increase in future benefits where time period for reopening expires.
§ 404.999a
Payment of certain travel expenses—general.
§ 404.999b
Who may be reimbursed.
§ 404.999c
What travel expenses are reimbursable.
§ 404.999d
When and how to claim reimbursement.
§ 404.1001
Introduction.
§ 404.1002
Definitions.
§ 404.1003
Employment.
§ 404.1004
What work is covered as employment?
§ 404.1005
Who is an employee.
§ 404.1006
Corporation officer.
§ 404.1007
Common-law employee.
§ 404.1008
Agent-driver or commission-driver, full-time life insurance salesman, home worker, or traveling or city salesman.
§ 404.1009
Who is an employer.
§ 404.1010
Farm crew leader as employer.
§ 404.1012
Work excluded from employment.
§ 404.1013
Included-excluded rule.
§ 404.1014
Domestic service by a student for a local college club, fraternity or sorority.
§ 404.1015
Family services.
§ 404.1016
Foreign agricultural workers.
§ 404.1017
Sharefarmers.
§ 404.1018
Work by civilians for the United States Government or its instrumentalities—wages paid after 1983.
§ 404.1018a
Work by civilians for the United States Government or its instrumentalities—remuneration paid prior to 1984.
§ 404.1018b
Medicare qualified government employment.
§ 404.1019
Work as a member of a uniformed service of the United States.
§ 404.1020
Work for States and their political subdivisions and instrumentalities.
§ 404.1021
Work for the District of Columbia.
§ 404.1022
American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.
§ 404.1023
Ministers of churches and members of religious orders.
§ 404.1024
Election of coverage by religious orders.
§ 404.1025
Work for religious, charitable, educational, or certain other organizations exempt from income tax.
§ 404.1026
Work for a church or qualified church-controlled organization.
§ 404.1027
Railroad work.
§ 404.1028
Student working for a school, college, or university.
§ 404.1029
Student nurses.
§ 404.1030
Delivery and distribution or sale of newspapers, shopping news, and magazines.
§ 404.1031
Fishing.
§ 404.1032
Work for a foreign government.
§ 404.1033
Work for a wholly owned instrumentality of a foreign government.
§ 404.1034
Work for an international organization.
§ 404.1035
Work for a communist organization.
§ 404.1036
Certain nonresident aliens.
§ 404.1037
Work on or in connection with a non-American vessel or aircraft.
§ 404.1038
Domestic employees under age 18.
§ 404.1039
Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance.
§ 404.1041
Wages.
§ 404.1042
Wages when paid and received.
§ 404.1043
Facilities or privileges—meals and lodging.
§ 404.1044
Vacation pay.
§ 404.1045
Employee expenses.
§ 404.1046
Pay for work by certain members of religious orders.
§ 404.1047
Annual wage limitation.
§ 404.1048
Contribution and benefit base after 1992.
§ 404.1049
Payments under an employer plan or system.
§ 404.1050
Retirement payments.
§ 404.1051
Payments on account of sickness or accident disability, or related medical or hospitalization expenses.
§ 404.1052
Payments from or to certain tax-exempt trusts or payments under or into certain annuity plans.
§ 404.1053
“Qualified benefits” under a cafeteria plan.
§ 404.1054
Payments by an employer of employee's tax or employee's contribution under State law.
§ 404.1055
Payments for agricultural labor.
§ 404.1056
Explanation of agricultural labor.
§ 404.1057
Domestic service in the employer's home.
§ 404.1058
Special situations.
§ 404.1059
Deemed wages for certain individuals interned during World War II.
§ 404.1060
§ 404.1060 [Reserved]
§ 404.1065
Self-employment coverage.
§ 404.1066
Trade or business in general.
§ 404.1068
Employees who are considered self-employed.
§ 404.1069
Real estate agents and direct sellers.
§ 404.1070
Christian Science practitioners.
§ 404.1071
Ministers and members of religious orders.
§ 404.1073
Public office.
§ 404.1074
Farm crew leader who is self-employed.
§ 404.1075
Members of certain religious groups opposed to insurance.
§ 404.1077
Individuals under railroad retirement system.
§ 404.1080
Net earnings from self-employment.
§ 404.1081
General rules for figuring net earnings from self-employment.
§ 404.1082
Rentals from real estate; material participation.
§ 404.1083
Dividends and interest.
§ 404.1084
Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion.
§ 404.1085
Net operating loss deduction.
§ 404.1086
Community income.
§ 404.1087
Figuring partner's net earnings from self-employment for taxable year which ends as a result of death.
§ 404.1088
Retirement payment to retired partners.
§ 404.1089
Figuring net earnings for residents and nonresidents of Puerto Rico.
§ 404.1090
Personal exemption deduction.
§ 404.1091
Figuring net earnings for ministers and members of religious orders.
§ 404.1092
Figuring net earnings for U.S. citizens or residents living outside the United States.
§ 404.1093
Possession of the United States.
§ 404.1094
Options available for figuring net earnings from self-employment.
§ 404.1095
Agricultural trade or business.
§ 404.1096
Self-employment income.
§ 404.1200
General.
§ 404.1201
Scope of this subpart regarding coverage and wage reports and adjustments.
§ 404.1202
Definitions.
§ 404.1203
Evidence—for wages paid prior to 1987.
§ 404.1204
Designating officials to act on behalf of the State.
§ 404.1205
Absolute coverage groups.
§ 404.1206
Retirement system coverage groups.
§ 404.1207
Divided retirement system coverage groups.
§ 404.1208
Ineligible employees.
§ 404.1209
Mandatorily excluded services.
§ 404.1210
Optionally excluded services.
§ 404.1211
Interstate instrumentalities.
§ 404.1212
Police officers and firefighters.
§ 404.1214
Agreement for coverage.
§ 404.1215
Modification of agreement.
§ 404.1216
Modification of agreement to correct an error.
§ 404.1217
Continuation of coverage.
§ 404.1218
Resumption of coverage.
§ 404.1219
Dissolution of political subdivision.
§ 404.1220
Identification numbers.
§ 404.1225
Records—for wages paid prior to 1987.
§ 404.1230
Onsite review program.
§ 404.1231
Scope of review.
§ 404.1232
Conduct of review.
§ 404.1234
Reports of review's findings.
§ 404.1237
Wage reports and contribution returns—general—for wages paid prior to 1987.
§ 404.1239
Wage reports for employees performing services in more than one coverage group—for wages paid prior to 1987.
§ 404.1242
Back pay.
§ 404.1243
Use of reporting forms—for wages paid prior to 1987.
§ 404.1247
When to report wages—for wages paid prior to 1987.
§ 404.1249
When and where to make deposits of contributions and to file contribution returns and wage reports—for wages paid prior to 1987.
§ 404.1251
Final reports—for wages paid prior to 1987.
§ 404.1255
State's liability for contributions—for wages paid prior to 1987.
§ 404.1256
Limitation on State's liability for contributions for multiple employment situations—for wages paid prior to 1987.
§ 404.1260
Amount of contributions—for wages paid prior to 1987.
§ 404.1262
Manner of payment of contributions by State—for wages paid prior to 1987.
§ 404.1263
When fractional part of a cent may be disregarded—for wages paid prior to 1987.
§ 404.1265
Addition of interest to contributions—for wages paid prior to 1987.
§ 404.1267
Failure to make timely payments—for wages paid prior to 1987.
§ 404.1270
Adjustments in general—for wages paid prior to 1987.
§ 404.1271
Adjustment of overpayment of contributions—for wages paid prior to 1987.
§ 404.1272
Refund or recomputation of overpayments which are not adjustable—for wages paid prior to 1987.
§ 404.1275
Adjustment of employee contributions—for wages paid prior to 1987.
§ 404.1276
Reports and payments erroneously made to Internal Revenue Service-transfer of funds—for wages paid prior to 1987.
§ 404.1280
Allowance of credits or refunds—for wages paid prior to 1987.
§ 404.1281
Credits or refunds for periods of time during which no liability exists—for wages paid prior to 1987.
§ 404.1282
Time limitations on credits or refunds—for wages paid prior to 1987.
§ 404.1283
Exceptions to the time limitations on credits or refunds—for wages paid prior to 1987.
§ 404.1284
Offsetting underpayments against overpayments—for wages paid prior to 1987.
§ 404.1285
Assessments of amounts due—for wages paid prior to 1987.
§ 404.1286
Time limitations on assessments—for wages paid prior to 1987.
§ 404.1287
Exceptions to the time limitations on assessments—for wages paid prior to 1987.
§ 404.1289
Payment after expiration of time limitation for assessment—for wages paid prior to 1987.
§ 404.1290
Review of decisions by the Secretary—for wages paid prior to 1987.
§ 404.1291
Reconsideration—for wages paid prior to 1987.
§ 404.1292
How to request review—for wages paid prior to 1987.
§ 404.1293
Time for filing request for review—for wages paid prior to 1987.
§ 404.1294
Notification to State after reconsideration—for wages paid prior to 1987.
§ 404.1295
Commissioner's review—for wages paid prior to 1987.
§ 404.1296
Commissioner's notification to the State—for wages paid prior to 1987.
§ 404.1297
Review by court—for wages paid prior to 1987.
§ 404.1298
Time for filing civil action—for wages paid prior to 1987.
§ 404.1299
Final judgments—for wages paid prior to 1987.
§ 404.1301
Introduction.
§ 404.1302
Definitions.
§ 404.1310
Who is a World War II veteran.
§ 404.1311
Ninety-day active service requirement for World War II veterans.
§ 404.1312
World War II service included.
§ 404.1313
World War II service excluded.
§ 404.1320
Who is a post-World War II veteran.
§ 404.1321
Ninety-day active service requirement for post-World War II veterans.
§ 404.1322
Post-World War II service included.
§ 404.1323
Post-World War II service excluded.
§ 404.1325
Separation from active service under conditions other than dishonorable.
§ 404.1330
Who is a member of a uniformed service.
§ 404.1340
Wage credits for World War II and post-World War II veterans.
§ 404.1341
Wage credits for a member of a uniformed service.
§ 404.1342
Limits on granting World War II and post-World War II wage credits.
§ 404.1343
When the limits on granting World War II and post-World War II wage credits do not apply.
§ 404.1350
Deemed insured status.
§ 404.1351
When deemed insured status does not apply.
§ 404.1352
Benefits and payments based on deemed insured status.
§ 404.1360
Veterans Administration pension or compensation payable.
§ 404.1361
Federal benefit payable other than by Veterans Administration.
§ 404.1362
Treatment of social security benefits or payments where Veterans Administration pension or compensation payable.
§ 404.1363
Treatment of social security benefits or payments where Federal benefit payable other than by Veterans Administration.
§ 404.1370
Evidence of active service and separation from active service.
§ 404.1371
Evidence of membership in a uniformed service during the years 1957 through 1967.
§ 404.1401
What is the interrelationship between the Railroad Retirement Act and the Old-Age, Survivors and Disability Insurance Program of the Social Security Act?
§ 404.1402
When are railroad industry services by a non-vested worker covered under Social Security?
§ 404.1404
Effective date of coverage of railroad services under the act.
§ 404.1405
If you have been considered a non-vested worker, what are the situations when your railroad industry work will not be covered under Social Security?
§ 404.1406
Eligibility to railroad retirement benefits as a bar to payment of social security benefits.
§ 404.1407
When railroad retirement benefits do not bar payment of social security benefits.
§ 404.1408
Compensation to be treated as wages.
§ 404.1409
Purposes of using compensation.
§ 404.1410
Presumption on basis of certified compensation record.
§ 404.1412
Compensation quarters of coverage.
§ 404.1413
When will we certify payment to the Railroad Retirement Board (RRB)?
§ 404.1501
Scope of subpart.
§ 404.1502
Definitions for this subpart.
§ 404.1503
Who makes disability and blindness determinations.
§ 404.1503a
Program integrity.
§ 404.1503b
Evidence from excluded medical sources of evidence.
§ 404.1504
Decisions by other governmental agencies and nongovernmental entities.
§ 404.1505
Basic definition of disability.
§ 404.1506
When we will not consider your impairment.
§ 404.1508
§ 404.1508 [Reserved]
§ 404.1509
How long the impairment must last.
§ 404.1510
Meaning of substantial gainful activity.
§ 404.1511
Definition of a disabling impairment.
§ 404.1512
Responsibility for evidence.
§ 404.1513
Categories of evidence.
§ 404.1513a
Evidence from our Federal or State agency medical or psychological consultants.
§ 404.1514
When we will purchase existing evidence.
§ 404.1515
Where and how to submit evidence.
§ 404.1516
If you fail to submit medical and other evidence.
§ 404.1517
Consultative examination at our expense.
§ 404.1518
If you do not appear at a consultative examination.
§ 404.1519
The consultative examination.
§ 404.1519a
When we will purchase a consultative examination and how we will use it.
§ 404.1519b
When we will not purchase a consultative examination.
§ 404.1519f
Type of purchased examinations.
§ 404.1519g
Who we will select to perform a consultative examination.
§ 404.1519h
Your medical source.
§ 404.1519i
Other sources for consultative examinations.
§ 404.1519j
Objections to the medical source designated to perform the consultative examination.
§ 404.1519k
Purchase of medical examinations, laboratory tests, and other services.
§ 404.1519m
Diagnostic tests or procedures.
§ 404.1519n
Informing the medical source of examination scheduling, report content, and signature requirements.
§ 404.1519o
When a properly signed consultative examination report has not been received.
§ 404.1519p
Reviewing reports of consultative examinations.
§ 404.1519q
Conflict of interest.
§ 404.1519s
Authorizing and monitoring the consultative examination.
§ 404.1519t
Consultative examination oversight.
§ 404.1520
Evaluation of disability in general.
§ 404.1520a
Evaluation of mental impairments.
§ 404.1520b
How we consider evidence.
§ 404.1520c
How we consider and articulate medical opinions and prior administrative medical findings for claims filed on or after March 27, 2017.
§ 404.1521
Establishing that you have a medically determinable impairment(s).
§ 404.1522
What we mean by an impairment(s) that is not severe.
§ 404.1523
Multiple impairments.
§ 404.1525
Listing of Impairments in appendix 1.
§ 404.1526
Medical equivalence.
§ 404.1527
Evaluating opinion evidence for claims filed before March 27, 2017.
§ 404.1528
§ 404.1528 [Reserved]
§ 404.1529
How we evaluate symptoms, including pain.
§ 404.1530
Need to follow prescribed treatment.
§ 404.1535
How we will determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability.
§ 404.1545
Your residual functional capacity.
§ 404.1546
Responsibility for assessing your residual functional capacity.
§ 404.1560
When we will consider your vocational background.
§ 404.1562
Medical-vocational profiles showing an inability to make an adjustment to other work.
§ 404.1563
Your age as a vocational factor.
§ 404.1564
Your education as a vocational factor.
§ 404.1565
Your work experience as a vocational factor.
§ 404.1566
Work which exists in the national economy.
§ 404.1567
Physical exertion requirements.
§ 404.1568
Skill requirements.
§ 404.1569
Listing of Medical-Vocational Guidelines in appendix 2.
§ 404.1569a
Exertional and nonexertional limitations.
§ 404.1571
General.
§ 404.1572
What we mean by substantial gainful activity.
§ 404.1573
General information about work activity.
§ 404.1574
Evaluation guides if you are an employee.
§ 404.1574a
When and how we will average your earnings.
§ 404.1575
Evaluation guides if you are self-employed.
§ 404.1576
Impairment-related work expenses.
§ 404.1577
Disability defined for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991.
§ 404.1578
How we determine disability for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991.
§ 404.1579
How we will determine whether your disability continues or ends.
§ 404.1581
Meaning of blindness as defined in the law.
§ 404.1582
A period of disability based on blindness.
§ 404.1583
How we determine disability for blind persons who are age 55 or older.
§ 404.1584
Evaluation of work activity of blind people.
§ 404.1585
Trial work period for persons age 55 or older who are blind.
§ 404.1586
Why and when we will stop your cash benefits.
§ 404.1587
Circumstances under which we may suspend and terminate your benefits before we make a determination.
§ 404.1588
Your responsibility to tell us of events that may change your disability status.
§ 404.1589
We may conduct a review to find out whether you continue to be disabled.
§ 404.1590
When and how often we will conduct a continuing disability review.
§ 404.1591
If your medical recovery was expected and you returned to work.
§ 404.1592
The trial work period.
§ 404.1592a
The reentitlement period.
§ 404.1592b
What is expedited reinstatement?
§ 404.1592c
Who is entitled to expedited reinstatement?
§ 404.1592d
How do I request reinstatement?
§ 404.1592e
How do we determine provisional benefits?
§ 404.1592f
How do we determine reinstated benefits?
§ 404.1593
Medical evidence in continuing disability review cases.
§ 404.1594
How we will determine whether your disability continues or ends.
§ 404.1595
When we determine that you are not now disabled.
§ 404.1596
Circumstances under which we may suspend and terminate your benefits before we make a determination.
§ 404.1597
After we make a determination that you are not now disabled.
§ 404.1597a
Continued benefits pending appeal of a medical cessation determination.
§ 404.1598
If you become disabled by another impairment(s).
§ 404.1599
Work incentive experiments and rehabilitation demonstration projects in the disability program.
§ 404.1601
Purpose and scope.
§ 404.1602
Definitions.
§ 404.1603
Basic responsibilities for us and the State.
§ 404.1610
How a State notifies us that it wishes to perform the disability determination function.
§ 404.1611
How we notify a State whether it may perform the disability determination function.
§ 404.1613
Disability determinations the State makes.
§ 404.1614
Responsibilities for obtaining evidence to make disability determinations.
§ 404.1615
Making disability determinations.
§ 404.1616
Medical consultants and psychological consultants.
§ 404.1617
Reasonable efforts to obtain review by a physician, psychiatrist, and psychologist.
§ 404.1618
Notifying claimants of the disability determination.
§ 404.1619
Quick disability determination process.
§ 404.1620
General administrative requirements.
§ 404.1621
Personnel.
§ 404.1622
Training.
§ 404.1623
Facilities.
§ 404.1624
Medical and other purchased services.
§ 404.1625
Records and reports.
§ 404.1626
Fiscal.
§ 404.1627
Audits.
§ 404.1628
Property.
§ 404.1629
Participation in research and demonstration projects.
§ 404.1630
Coordination with other agencies.
§ 404.1631
Confidentiality of information and records.
§ 404.1632
Other Federal laws and regulations.
§ 404.1633
Policies and operating instructions.
§ 404.1640
General.
§ 404.1641
Standards of performance.
§ 404.1642
Processing time standards.
§ 404.1643
Performance accuracy standard.
§ 404.1644
How and when we determine whether the processing time standards are met.
§ 404.1645
How and when we determine whether the performance accuracy standard is met.
§ 404.1650
Action we will take if a State agency does not meet the standards.
§ 404.1660
How we will monitor.
§ 404.1661
When we will provide performance support.
§ 404.1662
What support we will provide.
§ 404.1670
General.
§ 404.1671
Good cause for not following the Act, our regulations, or other written guidelines.
§ 404.1675
Finding of substantial failure.
§ 404.1680
Notice of right to hearing on proposed finding of substantial failure.
§ 404.1681
Disputes on matters other than substantial failure.
§ 404.1682
Who conducts the hearings.
§ 404.1683
Hearings and appeals process.
§ 404.1690
Assumption when we make a finding of substantial failure.
§ 404.1691
Assumption when State no longer wishes to perform the disability determination function.
§ 404.1692
Protection of State employees.
§ 404.1693
Limitation on State expenditures after notice.
§ 404.1694
Final accounting by the State.
§ 404.1700
Introduction.
§ 404.1703
Definitions.
§ 404.1705
Who may be your representative.
§ 404.1706
Notification of options for obtaining attorney representation.
§ 404.1707
Appointing a representative.
§ 404.1710
Authority of a representative.
§ 404.1713
Mandatory use of electronic services.
§ 404.1715
Notice or request to a representative.
§ 404.1717
Direct payment of fees to eligible non-attorney representatives.
§ 404.1720
Fee for a representative's services.
§ 404.1725
Request for approval of a fee.
§ 404.1728
Proceedings before a State or Federal court.
§ 404.1730
Payment of fees.
§ 404.1735
Entity eligible for direct payment of fees.
§ 404.1740
Rules of conduct and standards of responsibility for representatives.
§ 404.1745
Violations of our requirements, rules, or standards.
§ 404.1750
Notice of charges against a representative.
§ 404.1755
Withdrawing charges against a representative.
§ 404.1765
Hearing on charges.
§ 404.1770
Decision by hearing officer.
§ 404.1775
Requesting review of the hearing officer's decision.
§ 404.1776
Assignment of request for review of the hearing officer's decision.
§ 404.1780
Appeals Council's review of hearing officer's decision.
§ 404.1785
Evidence permitted on review.
§ 404.1790
Appeals Council's decision.
§ 404.1795
When the Appeals Council will dismiss a request for review.
§ 404.1797
Reinstatement after suspension—period of suspension expired.
§ 404.1799
Reinstatement after suspension or disqualification—period of suspension not expired.
§ 404.1800
Introduction.
§ 404.1805
Paying benefits.
§ 404.1807
Monthly payment day.
§ 404.1810
Expediting benefit payments.
§ 404.1815
Withholding certification or payments.
§ 404.1820
Transfer or assignment of payments.
§ 404.1821
Garnishment of payments after disbursement.
§ 404.1825
Joint payments to a family.
§ 404.1901
Introduction.
§ 404.1902
Definitions.
§ 404.1903
Negotiating totalization agreements.
§ 404.1904
Effective date of a totalization agreement.
§ 404.1905
Termination of agreements.
§ 404.1908
Crediting foreign periods of coverage.
§ 404.1910
Person qualifies under more than one totalization agreement.
§ 404.1911
Effects of a totalization agreement on entitlement to hospital insurance benefits.
§ 404.1913
Precluding dual coverage.
§ 404.1914
Certificate of coverage.
§ 404.1915
Payment of contributions.
§ 404.1918
How benefits are computed.
§ 404.1919
How benefits are recomputed.
§ 404.1920
Supplementing the U.S. benefit if the total amount of the combined benefits is less than the U.S. minimum benefit.
§ 404.1921
Benefits of less than $1 due.
§ 404.1925
Applications.
§ 404.1926
Evidence.
§ 404.1927
Appeals.
§ 404.1928
Effect of the alien non-payment provision.
§ 404.1929
Overpayments.
§ 404.1930
Disclosure of information.
§ 404.2001
Introduction.
§ 404.2010
When payment will be made to a representative payee.
§ 404.2011
What happens to your monthly benefits while we are finding a suitable representative payee for you?
§ 404.2015
Information considered in determining whether to make representative payments.
§ 404.2018
Advance designation of representative payees.
§ 404.2020
Information considered in selecting a representative payee.
§ 404.2021
What is our order of preference in selecting a representative payee for you?
§ 404.2022
Who may not serve as a representative payee?
§ 404.2024
How do we investigate a representative payee applicant?
§ 404.2025
What information must a representative payee report to us?
§ 404.2026
How do we investigate an appointed representative payee?
§ 404.2030
How will we notify you when we decide you need a representative payee?
§ 404.2035
What are the responsibilities of your representative payee?
§ 404.2040
Use of benefit payments.
§ 404.2040a
Compensation for qualified organizations serving as representative payees.
§ 404.2041
Who is liable if your representative payee misuses your benefits?
§ 404.2045
Conservation and investment of benefit payments.
§ 404.2050
When will we select a new representative payee for you?
§ 404.2055
When representative payment will be stopped.
§ 404.2060
Transfer of accumulated benefit payments.
§ 404.2065
How does your representative payee account for the use of benefits?
§ 404.2101
General.
§ 404.2102
Purpose and scope.
§ 404.2103
Definitions.
§ 404.2104
Participation by State VR agencies.
§ 404.2106
§ 404.2106 [Reserved]
§ 404.2108
Requirements for payment.
§ 404.2109
Responsibility for making payment decisions.
§ 404.2110
What we mean by “SGA” and by “a continuous period of 9 months”.
§ 404.2111
Criteria for determining when VR services will be considered to have contributed to a continuous period of 9 months.
§ 404.2112
Payment for VR services in a case where an individual continues to receive disability payments based on participation in an approved VR program.
§ 404.2114
Services for which payment may be made.
§ 404.2115
When services must have been provided.
§ 404.2116
When claims for payment for VR services must be made (filing deadlines).
§ 404.2117
What costs will be paid.
§ 404.2118
§ 404.2118 [Reserved]
§ 404.2119
Method of payment.
§ 404.2120
Audits.
§ 404.2121
Validation reviews.
§ 404.2122
Confidentiality of information and records.
§ 404.2123
Other Federal laws and regulations.
§ 404.2127
Resolution of disputes.