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.
§ 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.
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 - [Reserved]
§ 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.