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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 20 - Employees' Benefits |
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Chapter III—Social Security Administration |
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Part 404 - Federal Old-Age, Survivors and Disability Insurance (1950- ) |
| Subpart A - Introduction, General Provisions and Definitions |
| § 404.1 - Introduction. |
| § 404.2 - General definitions and use of terms. |
| § 404.3 - General provisions. |
| Subpart B - Insured Status and Quarters of Coverage |
| General |
| § 404.101 - Introduction. |
| § 404.102 - Definitions. |
| Fully Insured Status |
| § 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. |
| Quarters of Coverage |
| § 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. |
| Currently Insured Status |
| § 404.120 - How we determine currently insured status. |
| Disability 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. |
| Appendix to Subpart B of Part 404 - Quarter of Coverage Amounts for Calendar Years After 1978 |
| Subpart C - Computing Primary Insurance Amounts |
| Recalculations of Primary Insurance Amounts |
| § 404.290 - Recalculations. |
| Special Computation Rules for People Who Had a Period of Disability |
| § 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. |
| Cost-of-Living Increases |
| § 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. |
| Recomputing Your Primary Insurance Amount |
| § 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. |
| Average-Indexed-Monthly-Earnings Method of Computing Primary Insurance Amounts |
| § 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. |
| Average-Monthly-Wage Method of Computing Primary Insurance Amounts |
| § 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. |
| Guaranteed Alternative for People Reaching Age 62 After 1978 but Before 1984 |
| § 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. |
| Average-Indexed-Monthly Earnings Method of Computing Primary Insurance Amounts |
| General |
| § 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. |
| Old-Start Method of Computing Primary Insurance Amounts |
| § 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. |
| Special Minimum Primary Insurance Amounts |
| § 404.260 - Special minimum primary insurance amounts. |
| § 404.261 - Computing your special minimum primary insurance amount. |
| Appendixes to Subpart C - [Reserved] |
| Appendixes to Subpart C of Part 404 - Note |
| Appendix I to Subpart C of Part 404 - Average of the Total Wages for Years After 1950 |
| Appendix V of Subpart C of Part 404 - Computing the Special Minimum Primary Insurance Amount and Related Maximum Family Benefits |
| Appendix V to Subpart C of Part 404 - Computing the Special Minimum Primary Insurance Amount and Related Maximum Family Benefits |
| Appendix II of Subpart C of Part 404 - Benefit Formulas Used With Average Indexed Monthly Earnings |
| Appendix IV of Subpart C of Part 404 - Earnings Needed for a Year of Coverage After 1950 |
| Appendix II to Subpart C of Part 404 - Benefit Formulas Used With Average Indexed Monthly Earnings |
| Appendix IV to Subpart C of Part 404 - Earnings Needed for a Year of Coverage After 1950 |
| Appendix VI of Subpart C of Part 404 - Percentage of Automatic Increases in Primary Insurance Amounts Since 1978 |
| Appendix VI to Subpart C of Part 404 - Percentage of Automatic Increases in Primary Insurance Amounts Since 1978 |
| Appendix III of Subpart C of Part 404 - Benefit Table |
| Appendix III to Subpart C of Part 404 - Benefit Table |
| Appendix VII of Subpart C of Part 404 - “Old-Law” Contribution and Benefit Base |
| Appendix VII to Subpart C of Part 404 - “Old-Law” Contribution and Benefit Base |
| Subpart D - Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability |
| Rules Relating to Continuation of Benefits After Your Impairment Is No Longer Disabling |
| § 404.327 - When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services. |
| Old-Age and Disability 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. |
| Child'S Benefits |
| § 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. |
| Lump-Sum Death Payment |
| § 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? |
| Benefits for Spouses and Divorced Spouses |
| § 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? |
| Parent'S Benefits |
| § 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 - [Reserved] |
| Special Payments at Age 72 |
| § 404.380 - General. |
| § 404.381 - Who is entitled to special age 72 payments? |
| § 404.382 - When special age 72 payments begin and end. |
| § 404.383 - Special age 72 payment amounts. |
| § 404.384 - Reductions, suspensions, and nonpayments of special age 72 payments. |
| General |
| § 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. |
| Subpart E - Deductions; Reductions; and Nonpayments of Benefits |
| § 404.401 - Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments. |
| § 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. |
| § 404.409 - 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. |
| § 404.416 - Amount of deduction 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? |
| § 404.422 - Deductions because of refusal to accept rehabilitation services. |
| § 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. |
| § 404.470 - Nonpayment of disability benefits due to noncompliance with rules regarding treatment for drug addiction or alcoholism. |
| § 404.471 - Nonpayment of disability benefits for trial work period service months upon a conviction of fraudulently concealing work activity. |
| § 404.480 - Paying benefits in installments: Drug addiction or alcoholism. |
| § 404.401a - When we do not pay benefits because of a disability beneficiary's work activity. |
| § 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. |
| Subpart F - Overpayments, Underpayments, Waiver of Adjustment or Recovery of Overpayments, and Liability of a Certifying Officer |
| § 404.501 - General applicability of section 204 of the Act. |
| § 404.502 - Overpayments. |
| § 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. |
| § 404.511 - 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? |
| § 404.510a - When an individual is “without fault” in an entitlement overpayment. |
| § 404.502a - Notice of right to waiver consideration. |
| Subpart G - Filing of Applications and Other Forms |
| Withdrawal of Application |
| § 404.640 - Withdrawal of an application. |
| § 404.641 - Cancellation of a request to withdraw. |
| Applications |
| § 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. |
| Effective Filing Period of Application |
| § 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? |
| Deemed Filing Date Based on Misinformation |
| § 404.633 - Deemed filing date in a case of misinformation. |
| General Provisions |
| § 404.601 - Introduction. |
| § 404.602 - Definitions. |
| § 404.603 - You must file an application to receive benefits. |
| Filing Date Based on Written Statement |
| § 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. |
| Subpart H - Evidence |
| General |
| § 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. |
| Evidence for Child'S and Parent'S Benefits |
| § 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. |
| Evidence of Age, Marriage, and Death |
| § 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. |
| Other Evidence Requirements |
| § 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. |
| Subpart I - Records of Earnings |
| Notice of Removal or Reduction of an Entry of Earnings |
| § 404.830 - Notice of removal or reduction of your wages. |
| § 404.831 - Notice of removal or reduction of your self-employment income. |
| Obtaining Earnings Information |
| § 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. |
| General Provisions |
| § 404.801 - Introduction. |
| § 404.802 - Definitions. |
| § 404.803 - Conclusiveness of the record of your earnings. |
| Correcting the Earnings Record |
| § 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. |
| Subpart J - Determinations, Administrative Review Process, and Reopening of Determinations and Decisions |
| Appeals Council Review |
| § 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. |
| Reopening and Revising Determinations and Decisions |
| § 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. |
| § 404.992 - 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. |
| § 404.991a - Late completion of timely investigation. |
| Introduction, Definitions, and Initial Determinations |
| § 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. |
| Court Remand Cases |
| § 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. |
| Payment of Certain Travel Expenses |
| § 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. |
| Expedited Appeals Process |
| § 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. |
| Reconsideration |
| § 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. |
| Hearing Before an Administrative Law Judge |
| § 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 and place 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. |
| Administrative Law Judge Hearing Procedures |
| § 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 - [Reserved] |
| Subpart K - Employment, Wages, Self-Employment, and Self-Employment Income |
| § 404.1001 - Introduction. |
| § 404.1002 - Definitions. |
| Self-Employment |
| § 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. |
| Work Excluded from Employment |
| § 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. |
| § 404.1019 - 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. |
| § 404.1018a - Work by civilians for the United States Government or its instrumentalities - remuneration paid prior to 1984. |
| § 404.1018b - Medicare qualified government employment. |
| Exemption from Social Security by Reason of Religious Belief |
| § 404.1039 - Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance. |
| Employment |
| § 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. |
| Self-Employment Income |
| § 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. |
| Wages |
| § 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 - [Reserved] |
| Subpart L - XXX |
| Subpart M - Coverage of Employees of State and Local Governments |
| How Assessments for Underpayments of Contributions Are Made—for Wages Paid Prior to 1987 |
| How A State May Seek Court Review of Commissioner'S Decision - 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. |
| How a State May Seek Court Review of Commissioner's Decision—for Wages Paid Prior to 1987 |
| What Records of Coverage Must Be Kept |
| § 404.1225 - Records - for wages paid prior to 1987. |
| Figuring the Amount of the State'S Contributions - 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. |
| How Errors IN Reports and Contributions Are Adjusted - 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. |
| How Errors in Reports and Contributions Are Adjusted—for Wages Paid Prior to 1987 |
| Review of Compliance by State With Its Agreement |
| § 404.1230 - Onsite review program. |
| § 404.1231 - Scope of review. |
| § 404.1232 - Conduct of review. |
| § 404.1234 - Reports of review's findings. |
| How Assessments for Underpayments of Contributions Are Made - 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. |
| How Overpayments of Contributions Are Credited or Refunded - 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. |
| How to Identify Covered Employees |
| § 404.1220 - Identification numbers. |
| What IS A State'S Liability for Contributions - 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. |
| IF A State Fails to Make Timely Payments - 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. |
| If a State Fails To Make Timely Payments—for Wages Paid Prior to 1987 |
| Secretary's Review of Decisions on Credits, Refunds, or Assessments—for Wages Paid Prior to 1987 |
| What Is a State's Liability for Contributions—for Wages Paid Prior to 1987 |
| How Coverage Under Agreements Is Obtained and Continues |
| § 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. |
| How To Report Wages and Contributions—for Wages Paid Prior to 1987 |
| General |
| § 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. |
| Figuring the Amount of the State's Contributions—for Wages Paid Prior to 1987 |
| How to Report Wages and Contributions - For Wages Paid Prior to 1987 |
| § 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. |
| How Overpayments of Contributions Are Credited or Refunded—for Wages Paid Prior to 1987 |
| Secretary'S Review of Decisions on Credits, Refunds, or Assessments - 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. |
| What Groups of Employees May Be Covered |
| § 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. |
| Subpart N - Wage Credits for Veterans and Members of the Uniformed Services |
| World War Ii Veterans |
| § 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. |
| Members of the Uniformed Services |
| § 404.1330 - Who is a member of a uniformed service. |
| Effect of Other Benefits on Payment of Social Security Benefits and Payments |
| § 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. |
| General |
| § 404.1301 - Introduction. |
| § 404.1302 - Definitions. |
| Evidence of Active Service and Membership in a Uniformed Service |
| § 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. |
| Post-World War Ii Veterans |
| § 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. |
| Deemed Insured Status for World Ii Veterans |
| § 404.1350 - Deemed insured status. |
| § 404.1351 - When deemed insured status does not apply. |
| § 404.1352 - Benefits and payments based on deemed insured status. |
| Amounts of Wage Credits and Limits on Their Use |
| § 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. |
| Separation from Active Service |
| § 404.1325 - Separation from active service under conditions other than dishonorable. |
| Subpart O - Interrelationship of Old-Age, Survivors and Disability Insurance Program With the Railroad Retirement Program |
| § 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? |
| § 404.1403 - Definition of “years of service”. |
| § 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)? |
| Subpart P - Determining Disability and Blindness |
| Widows, Widowers, and Surviving Divorced Spouses |
| § 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. |
| Standards to Be Used in Determining when a Consultative Examination Will Be Obtained in Connection With Disability Determinations |
| § 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. |
| Substantial Gainful Activity |
| § 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. |
| § 404.1575 - Evaluation guides if you are self-employed. |
| § 404.1576 - Impairment-related work expenses. |
| § 404.1574a - When and how we will average your earnings. |
| Definition of Disability |
| § 404.1505 - Basic definition of disability. |
| § 404.1506 - When we will not consider your impairment. |
| § 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. |
| Medical Considerations |
| § 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 - [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. |
| § 404.1536 - Treatment required for individuals whose drug addiction or alcoholism is a contributing factor material to the determination of disability. |
| § 404.1537 - What we mean by appropriate treatment. |
| § 404.1538 - What we mean by approved institutions or facilities. |
| § 404.1539 - How we consider whether treatment is available. |
| § 404.1540 - Evaluating compliance with the treatment requirements. |
| § 404.1541 - Establishment and use of referral and monitoring agencies. |
| Authorizing and Monitoring the Referral Process |
| § 404.1519s - Authorizing and monitoring the consultative examination. |
| Blindness |
| § 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. |
| Procedures to Monitor the Consultative Examination |
| § 404.1519t - Consultative examination oversight. |
| Evaluation of Disability |
| § 404.1520 - Evaluation of disability in general. |
| § 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. |
| § 404.1520a - Evaluation of mental impairments. |
| § 404.1520b - How we consider evidence. |
| § 404.1520c - xxx |
| Determinations |
| § 404.1503 - Who makes disability and blindness determinations. |
| § 404.1504 - Decisions by other governmental agencies and nongovernmental entities. |
| § 404.1503a - Program integrity. |
| § 404.1503b - Evidence from excluded medical sources of evidence. |
| General |
| § 404.1501 - Scope of subpart. |
| § 404.1502 - Definitions for this subpart. |
| Evidence |
| § 404.1512 - Responsibility for evidence. |
| § 404.1513 - Categories of evidence. |
| § 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. |
| § 404.1513a - xxx |
| Standards for the Type of Referral and for Report Content |
| § 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. |
| Residual Functional Capacity |
| § 404.1545 - Your residual functional capacity. |
| § 404.1546 - Responsibility for assessing your residual functional capacity. |
| Vocational Considerations |
| § 404.1560 - When we will consider your vocational background. |
| § 404.1561 - Your ability to do work depends upon your residual functional capacity. |
| § 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. |
| Continuing or Stopping Disability |
| § 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. |
| § 404.1593 - 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. |
| § 404.1598 - If you become disabled by another impairment(s). |
| § 404.1599 - Work incentive experiments and rehabilitation demonstration projects in the disability program. |
| § 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? |
| § 404.1597a - Continued benefits pending appeal of a medical cessation determination. |
| Appendix 1 to Subpart P - Listing of Impairments |
| Appendix 2 to Subpart P - Medical-Vocational Guidelines |
| Appendix 1 to Subpart P of Part 404 - —Listing of Impairments |
| Appendix 2 to Subpart P of Part 404 - Medical-Vocational Guidelines |
| Subpart Q - Determinations of Disability |
| Substantial Failure |
| § 404.1670 - General. |
| § 404.1671 - Good cause for not following the Act, our regulations, or other written guidelines. |
| § 404.1675 - Finding of substantial failure. |
| Performance Standards |
| § 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. |
| Responsibilities for Performing the Disability Determination Function |
| § 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. |
| Administrative Responsibilities and Requirements |
| § 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. |
| General Provisions |
| § 404.1601 - Purpose and scope. |
| § 404.1602 - Definitions. |
| § 404.1603 - Basic responsibilities for us and the State. |
| Quick Disability Determinations |
| § 404.1619 - Quick disability determination process. |
| Hearings and Appeals |
| § 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. |
| Assumption of Disability Determination Function |
| § 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. |
| Performance Monitoring and Support |
| § 404.1660 - How we will monitor. |
| § 404.1661 - When we will provide performance support. |
| § 404.1662 - What support we will provide. |
| Subpart R - Representation of Parties |
| § 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. |
| Subpart S - Payment Procedures |
| § 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. |
| Subpart T - Totalization Agreements |
| Other Provisions |
| § 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. |
| Coverage Provisions |
| § 404.1913 - Precluding dual coverage. |
| § 404.1914 - Certificate of coverage. |
| § 404.1915 - Payment of contributions. |
| Computation Provisions |
| § 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. |
| General Provisions |
| § 404.1901 - Introduction. |
| § 404.1902 - Definitions. |
| § 404.1903 - Negotiating totalization agreements. |
| § 404.1904 - Effective date of a totalization agreement. |
| § 404.1905 - Termination of agreements. |
| Benefit Provisions |
| § 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. |
| Subpart U - Representative Payment |
| § 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 - xxx |
| § 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 - xxx |
| § 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. |
| § 404.2041 - 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? |
| § 404.2040a - Compensation for qualified organizations serving as representative payees. |
| Subpart V - Payments for Vocational Rehabilitation Services |
| Payment Provisions |
| § 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. |
| § 404.2113 - Payment for VR services in a case of VR refusal. |
| § 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. |
| General Provisions |
| § 404.2101 - General. |
| § 404.2102 - Purpose and scope. |
| § 404.2103 - Definitions. |
| § 404.2104 - Participation by State VR agencies. |
| § 404.2106 - [Reserved] |
| Administrative Provisions |
| § 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. |