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