CFR 20 Title Page

PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )

Subpart A—Introduction, General Provisions and Definitions
Sec.
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.
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.
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.
Appendix to Subpart B—Quarter of Coverage Amounts for Calendar Years After 1978
Subpart C—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.
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.
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 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.
Special Minimum Primary Insurance Amounts
404.260	Special minimum primary insurance amounts.
404.261	Computing your special minimum primary insurance amount.
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.
Recalculations of Primary Insurance Amounts
404.290	Recalculations.
Appendixes to Subpart C—Note
Appendix I to Subpart C—Average of the Total Wages for Years After 1950
Appendix II to Subpart C—Benefit Formulas Used With Average Indexed Monthly Earnings
Appendix III to Subpart C—Benefit Table
Appendix IV to Subpart C—Earnings Needed for a Year of Coverage After 1950
Appendix V to Subpart C—Computing the Special Minimum Primary Insurance Amount and Related Maximum Family Benefits
Appendix VI to Subpart C—Percentage of Automatic Increases in Primary Insurance Amounts Since 1978
Appendix VII to Subpart C—"Old-Law" Contribution and Benefit Base
Subpart D—Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability
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.
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.
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.
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	Who is entitled to mother's or father's benefits.
404.340	Who is 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 a child living with you is "in your care".
404.349	When a child living apart from you is "in your care".
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 a stepchild is dependent.
404.364	When a grandchild or stepgrandchild is 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.
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.
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.
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.
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; prorated 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 of 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.
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 individual.
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
General Provisions
404.601	Introduction.
404.602	Definitions.
404.603	You must file an application to receive benefits.
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?
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.
Deemed Filing Date Based on Misinformation
404.633	Deemed filing date in a case of misinformation.
Withdrawal of Application
404.640	Withdrawal of an application.
404.641	Cancellation of a request to withdraw.
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 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.
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.
Other Evidence Requirements
404.760	Evidence of living in the same household with insured person.
404.762	Evidence of having a child in your 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
General Provisions
404.801	Introduction.
404.802	Definitions.
404.803	Conclusiveness of the record of your earnings.
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.
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.
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.
Subpart J—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions
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.
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.
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.
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 evidence prior to a hearing before an administrative law judge.
404.936	Time and place for a hearing before an administrative law judge.
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	When a record of a hearing before an administrative law judge is made.
404.952	Consolidated hearing before an administrative law judge.
404.953	The decision of an administrative law judge.
404.955	The effect of an administrative law judge's decision.
404.956	Removal of a hearing request from an administrative law judge 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]
Appeals Council Review
404.966	Testing elimination of the request for Appeals Council review.
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 Appeals Council on review.
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.
Court Remand Cases
404.983	Case remanded by a Federal court.
404.984	Appeals Council review of administrative law judge decision in a case remanded by a Federal court.
404.985	Application of circuit court law.
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.
404.991a	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.
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.
Subpart K—Employment, Wages, Self-Employment, and Self-Employment Income
404.1001	Introduction.
404.1002	Definitions.
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.
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.
404.1018a	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.
Exemption From Social Security by Reason of Religous Belief
404.1039	Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance.
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]
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.
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.
Subpart L [Reserved]
Subpart M—Coverage of Employees of State and Local Governments
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.
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.
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 Identify Covered Employees
404.1220	Identification numbers.
What Records of Coverage Must Be Kept
404.1225	Records—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 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.
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.
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.
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.
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 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 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.
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.
How a State May Seek Court Review of Secretary'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.
Subpart N—Wage Credits for Veterans and Members of the Uniformed Services
General
404.1301	Introduction.
404.1302	Definitions.
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.
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.
Separation From Active Service
404.1325	Separation from active service under conditions other than dishonorable.
Members of the Uniformed Services
404.1330	Who is a member of a uniformed service.
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.
Deemed Insured Status for World War 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.
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.
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.
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
General
404.1501	Scope of subpart.
404.1502	General definitions and terms for this subpart.
Determinations
404.1503	Who makes disability and blindness determinations.
404.1503a	Program integrity.
404.1504	Determinations by other organizations and agencies.
Definition of Disability
404.1505	Basic definition of disability.
404.1506	When we will not consider your impairment.
404.1508	What is needed to show an impairment.
404.1509	How long the impairment must last.
404.1510	Meaning of substantial gainful activity.
404.1511	Definition of disabling impairment.
Evidence
404.1512	Evidence.
404.1513	Medical and other evidence of your impairment(s).
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.
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.
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 treating 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.
Authorizing and Monitoring the Referral Process
404.1519s	Authorizing and monitoring the consultative examination.
Procedures To Monitor the Consultative Examination
404.1519t	Consultative examination oversight.
Evaluation of Disability
404.1520	Evaluation of disability in general.
404.1520a	Evaluation of mental impairments.
404.1521	What we mean by an impairment(s) that is not severe.
404.1522	When you have two or more unrelated impairments—initial claims.
404.1523	Multiple impairments.
Medical Considerations
404.1525	Listing of Impairments in appendix 1.
404.1526	Medical equivalence.
404.1527	Evaluating opinion evidence.
404.1528	Symptoms, signs, and laboratory findings.
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.
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.
404.1562	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.
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.
404.1574a	When and how we will average your earnings.
404.1575	Evaluation guides if you are self-employed.
404.1576	Impairment-related work expenses.
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.
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.
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.
404.1592a	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.
Appendix 1 to Subpart P—Listing of Impairments
Appendix 2 to Subpart P—Medical-Vocational Guidelines
Subpart Q—Determinations of Disability
General Provisions
404.1601	Purpose and scope.
404.1602	Definitions.
404.1603	Basic responsibilities for us and the State.
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 or psychological consultants.
404.1617	Reasonable efforts to obtain review by a qualified psychiatrist or psychologist.
404.1618	Notifying claimants of the disability determination.
Quick Disability Determinations
404.1619	Quick disability determination process.
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.
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.
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.
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.
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.
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.
404.1715	Notice or request to a representative.
404.1717	Demonstration project on direct payment of fees to non-attorneys.
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	Services in a proceeding under title II of the Act.
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.
404.1825	Joint payments to a family.
Subpart T—Totalization Agreements
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.
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.
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.
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.
404.2020	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?
404.2030	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
General Provisions
404.2101	General.
404.2102	Purpose and scope.
404.2103	Definitions.
404.2104	Participation by State VR agencies or alternate participants.
404.2106	Basic qualifications for alternate participants.
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.
404.2114	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.
Administrative Provisions
404.2118	Applicability of these provisions to alternate participants.
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.

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PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )

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