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Code of Federal Regulations

CFR 20 Title Page


Table of Contents

Subpart A—Introduction, General Provisions and Definitions
416.101 Introduction.
416.105 Administration.
416.110 Purpose of program.
416.120 General definitions and use of terms.
416.121 Receipt of aid or assistance for December 1973 under an approved State plan under title I, X, XIV, or XVI of the Social Security Act.
Subpart B—Eligibility
416.200 Introduction.
416.201 General definitions and terms used in this subpart.
416.202 Who may get SSI benefits.
416.203 Initial determinations of SSI eligibility.
416.204 Redeterminations of SSI eligibility.
Reasons Why You May Not Get SSI Benefits for Which You Are Otherwise Eligible
416.207 You do not give us permission to contact financial institutions.
416.210 You do not apply for other benefits.
416.211 You are a resident of a public institution.
416.212 Continuation of full benefits in certain cases of medical confinement.
416.214 You are disabled and drug addiction or alcoholism is a contributing factor material to the determination of disability.
416.215 You leave the United States.
416.216 You are a child of armed forces personnel living overseas.
Eligibility for Increased Benefits Because of Essential Persons
416.220 General.
416.221 Who is a qualified individual.
416.222 Who is an essential person.
416.223 What happens if you are a qualified individual.
416.250 Experimental, pilot, and demonstration projects in the SSI program.
Special Provisions for People Who Work Despite a Disabling Impairment
416.260 General.
416.261 What are special SSI cash benefits and when are they payable.
416.262 Eligibility requirements for special SSI cash benefits.
416.263 No additional application needed.
416.264 When does the special SSI eligibility status apply.
416.265 Requirements for the special SSI eligibility status.
416.266 Continuation of SSI status for Medicaid.
416.267 General.
416.268 What is done to determine if you must have Medicaid in order to work.
416.269 What is done to determine whether your earnings are too low to provide comparable benefits and services you would receive in the absence of those earnings.
Subpart C—Filing of Applications
General Provisions
416.301 Introduction.
416.302 Definitions.
416.305 You must file an application to receive supplemental security income benefits.
416.310 What makes an application a claim for benefits.
416.315 Who may sign an application.
416.320 Evidence of authority to sign an application for another.
416.325 When an application is considered filed.
416.327 Pilot program for photographic identification of disability benefit applicants in designated geographic areas.
Effective Filing Period of Application
416.330 Filing before the first month you meet the requirements for eligibility.
416.335 Filing in or after the month you meet the requirements for eligibility.
Filing Date Based Upon a Written Statement or Oral Inquiry
416.340 Use of date of written statement as application filing date.
416.345 Use of date of oral inquiry as application filing date.
416.350 Treating a title II application as an oral inquiry about SSI benefits.
Deemed Filing Date Based on Misinformation
416.351 Deemed filing date in a case of misinformation.
Withdrawal of Application
416.355 Withdrawal of an application.
416.360 Cancellation of a request to withdraw.
Subpart D—Amount of Benefits
416.401 Scope of subpart.
416.405 Cost-of-living adjustments in benefits.
416.410 Amount of benefits; eligible individual.
416.412 Amount of benefits; eligible couple.
416.413 Amount of benefits; qualified individual.
416.414 Amount of benefits; eligible individual or eligible couple in a medical treatment facility.
416.415 Amount of benefits; eligible individual is disabled child under age 18.
416.420 Determination of benefits; general.
416.421 Determination of benefits; computation of prorated benefits.
416.426 Change in status involving an individual; ineligibility occurs.
416.428 Eligible individual without an eligible spouse has an essential person in his home.
416.430 Eligible individual with eligible spouse; essential person(s) present.
416.432 Change in status involving a couple; eligibility continues.
416.435 Change in status involving a couple; ineligibility occurs.
Subpart E—Payment of Benefits, Overpayments, and Underpayments
416.501 Payment of benefits: General.
416.502 Manner of payment.
416.503 Minimum monthly benefit amount.
416.520 Emergency advance payments.
416.525 Reimbursement to States for interim assistance payments.
416.532 Method of payment when the essential person resides with more than one eligible person.
416.533 Transfer or assignment of benefits.
416.535 Underpayments and overpayments.
416.536 Underpayments—defined.
416.537 Overpayments—defined.
416.538 Amount of underpayment or overpayment.
416.542 Underpayments—to whom underpaid amount is payable.
416.543 Underpayments—applied to reduce overpayments.
416.544 Paying benefits in installments: Drug addiction or alcoholism.
416.545 Paying large past-due benefits in installments.
416.546 Payment into dedicated accounts of past-due benefits for eligible individuals under age 18 who have a representative payee.
416.550 Waiver of adjustment or recovery—when applicable.
416.551 Waiver of adjustment or recovery—effect of.
416.552 Waiver of adjustment or recovery—without fault.
416.553 Waiver of adjustment or recovery—defeat the purpose of the supplemental security income program.
416.554 Waiver of adjustment or recovery—against equity and good conscience.
416.555 Waiver of adjustment or recovery—impede administration.
416.556 Waiver of adjustment or recovery—countable resources in excess of the limits prescribed in §416.1205 by $50 or less.
416.557 Personal conference.
416.558 Notice relating to overpayments and underpayments.
416.560 Recovery—refund.
416.570 Adjustment—general rule.
416.571 10-percent limitation of recoupment rate—overpayment.
416.572 Are title II and title VIII benefits subject to adjustment to recover title XVI overpayments?
416.573 How much will we withhold from your title II and title VIII benefits to recover a title XVI overpayment?
416.574 Will you receive notice of our intention to apply cross-program recovery?
416.575 When will we begin cross-program recovery from your current monthly benefits?
416.580 Referral of overpayments to the Department of the Treasury for tax refund offset—General.
416.581 Notice to overpaid individual.
416.582 Review within SSA that an overpayment is past due and legally enforceable.
416.583 Findings by SSA.
416.584 Review of our records related to the overpayment.
416.585 Suspension of offset.
416.586 Tax refund insufficient to cover amount of overpayment.
416.590 Are there additional methods for recovery of title XVI benefit overpayments?
Subpart F—Representative Payment
416.601 Introduction.
416.610 When payment will be made to a representative payee.
416.611 What happens to your monthly benefits while we are finding a suitable representative payee for you?
416.615 Information considered in determining whether to make representative payment.
416.620 Information considered in selecting a representative payee.
416.621 What is our order of preference in selecting a representative payee for you?
416.622 Who may not serve as a representative payee?
416.624 How do we investigate a representative payee applicant?
416.625 What information must a representative payee report to us?
416.630 How will we notify you when we decide you need a representative payee?
416.635 What are the responsibilities of your representative payee?
416.640 Use of benefit payments.
416.640a Compensation for qualified organizations serving as representative payees.
416.641 Who is liable if your representative payee misuses your benefits?
416.645 Conservation and investment of benefit payments.
416.650 When will we select a new representative payee for you?
416.655 When representative payment will be stopped.
416.660 Transfer of accumulated benefit payments.
416.665 How does your representative payee account for the use of benefits?
Subpart G—Reports Required
416.701 Scope of subpart.
416.702 Definitions.
Report Provisions
416.704 Who must make reports.
416.708 What you must report.
416.710 What reports must include.
416.712 Form of the report.
416.714 When reports are due.
Penalty Deductions
416.722 Circumstances under which we make a penalty deduction.
416.724 Amounts of penalty deductions.
416.726 Penalty period: First failure to report.
416.728 Penalty period: Second failure to report.
416.730 Penalty period: Three or more failures to report.
416.732 No penalty deduction if you have good cause for failure to report timely.
Subpart H—Determination of Age
416.801 Evidence as to age—when required.
416.802 Type of evidence to be submitted.
416.803 Evaluation of evidence.
416.804 Certified copy in lieu of original.
416.805 When additional evidence may be required.
416.806 Expedited adjudication based on documentary evidence of age.
Subpart I—Determining Disability and Blindness
416.901 Scope of subpart.
416.902 General definitions and terms for this subpart.
416.903 Who makes disability and blindness determinations.
416.903a Program integrity.
416.904 Determinations by other organizations and agencies.
Definition of Disability
416.905 Basic definition of disability for adults.
416.906 Basic definition of disability for children.
416.907 Disability under a State plan.
416.908 What is needed to show an impairment.
416.909 How long the impairment must last.
416.910 Meaning of substantial gainful activity.
416.911 Definition of disabling impairment.
416.912 Evidence.
416.913 Medical and other evidence of your impairment(s).
416.914 When we will purchase existing evidence.
416.915 Where and how to submit evidence.
416.916 If you fail to submit medical and other evidence.
416.917 Consultative examination at our expense.
416.918 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
416.919 The consultative examination.
416.919a When we will purchase a consultative examination and how we will use it.
416.919b When we will not purchase a consultative examination.
Standards for the Type of Referral and for Report Content
416.919f Type of purchased examinations.
416.919g Who we will select to perform a consultative examination.
416.919h Your treating source.
416.919i Other sources for consultative examinations.
416.919j Objections to the medical source designated to perform the consultative examination.
416.919k Purchase of medical examinations, laboratory tests, and other services.
416.919m Diagnostic tests or procedures.
416.919n Informing the medical source of examination scheduling, report content, and signature requirements.
416.919o When a properly signed consultative examination report has not been received.
416.919p Reviewing reports of consultative examinations.
416.919q Conflict of interest.
Authorizing and Monitoring the Referral Process
416.919s Authorizing and monitoring the consultative examination.
Procedures To Monitor the Consultative Examination
416.919t Consultative examination oversight.
Evaluation of Disability
416.920 Evaluation of disability of adults, in general.
416.920a Evaluation of mental impairments.
416.921 What we mean by a not severe impairment(s) in an adult.
416.922 When you have two or more unrelated impairments—initial claims.
416.923 Multiple impairments.
416.924 How we determine disability for children.
416.924a Considerations in determining disability for children.
416.924b Age as a factor of evaluation in the sequential evaluation process for children.
Medical Considerations
416.925 Listing of Impairments in appendix 1 of subpart P of part 404 of this chapter.
416.926 Medical equivalence for adults and children.
416.926a Functional equivalence for children.
416.927 Evaluating opinion evidence.
416.928 Symptoms, signs, and laboratory findings.
416.929 How we evaluate symptoms, including pain.
416.930 Need to follow prescribed treatment.
Presumptive Disability and Blindness
416.931 The meaning of presumptive disability or presumptive blindness.
416.932 When presumptive payments begin and end.
416.933 How we make a finding of presumptive disability or presumptive blindness.
416.934 Impairments which may warrant a finding of presumptive disability or presumptive blindness.
Drug Addiction and Alcoholism
416.935 How we will determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability.
416.936 Treatment required for individuals whose drug addiction or alcoholism is a contributing factor material to the determination of disability.
416.937 What we mean by appropriate treatment.
416.938 What we mean by approved institutions or facilities.
416.939 How we consider whether treatment is available.
416.940 Evaluating compliance with the treatment requirements.
416.941 Establishment and use of referral and monitoring agencies.
Residual Functional Capacity
416.945 Your residual functional capacity.
416.946 Responsibility for assessing your residual functional capacity.
Vocational Considerations
416.960 When we will consider your vocational background.
416.962 Medical-vocational profiles showing an inability to make an adjustment to other work.
416.963 Your age as a vocational factor.
416.964 Your education as a vocational factor.
416.965 Your work experience as a vocational factor.
416.966 Work which exists in the national economy.
416.967 Physical exertion requirements.
416.968 Skill requirements.
416.969 Listing of Medical-Vocational Guidelines in appendix 2 of subpart P of part 404 of this chapter.
416.969a Exertional and nonexertional limitations.
Substantial Gainful Activity
416.971 General.
416.972 What we mean by substantial gainful activity.
416.973 General information about work activity.
416.974 Evaluation guides if you are an employee.
416.974a When and how we will average your earnings.
416.975 Evaluation guides if you are self-employed.
416.976 Impairment-related work expenses.
416.981 Meaning of blindness as defined in the law.
416.982 Blindness under a State plan.
416.983 How we evaluate statutory blindness.
416.984 If you are statutorily blind and still working.
416.985 How we evaluate other visual impairments.
416.986 Why and when we will find that you are no longer entitled to benefits based on statutory blindness.
Disability Redeterminations for Individuals Who Attain Age 18
416.987 Disability redeterminations for individuals who attain age 18.
Continuing or Stopping Disability or Blindness
416.988 Your responsibility to tell us of events that may change your disability or blindness status.
416.989 We may conduct a review to find out whether you continue to be disabled.
416.989a We may conduct a review to find out whether you continue to be blind.
416.990 When and how often we will conduct a continuing disability review.
416.991 If your medical recovery was expected and you returned to work.
416.992 What happens if you fail to comply with our request for information.
416.992a [Reserved]
416.993 Medical evidence in continuing disability review cases.
416.994 How we will decide whether your disability continues or ends, disabled adults.
416.994a How we will determine whether your disability continues or ends, and whether you are and have been receiving treatment that is medically necessary and available, disabled children.
416.995 If we make a determination that your physical or mental impairment(s) has ceased, did not exist or is no longer disabling (Medical Cessation Determination).
416.996 Continued disability or blindness benefits pending appeal of a medical cessation determination.
416.998 If you become disabled by another impairment(s).
416.999 What is expedited reinstatement?
416.999a Who is eligible for expedited reinstatement?
416.999b How do I request reinstatement?
416.999c How do we determine provisional benefits?
416.999d How do we determine reinstated benefits?
Subpart J—Determinations of Disability
General Provisions
416.1001 Purpose and scope.
416.1002 Definitions.
416.1003 Basic responsibilities for us and the State.
Responsibilities for Performing the Disability Determination Function
416.1010 How a State notifies us that it wishes to perform the disability determination function.
416.1011 How we notify a State whether it may perform the disability determination function.
416.1013 Disability determinations the State makes.
416.1014 Responsibilities for obtaining evidence to make disability determinations.
416.1015 Making disability determinations.
416.1016 Medical or psychological consultants.
416.1017 Reasonable efforts to obtain review by a qualified psychiatrist or psychologist.
416.1018 Notifying claimant of the disability determination.
Quick Disability Determinations
416.1019 Quick disability determination process.
Administrative Responsibilities and Requirements
416.1020 General administrative requirements.
416.1021 Personnel.
416.1022 Training.
416.1023 Facilities.
416.1024 Medical and other purchased services.
416.1025 Records and reports.
416.1026 Fiscal.
416.1027 Audits.
416.1028 Property.
416.1029 Participation in research and demonstration projects.
416.1030 Coordination with other agencies.
416.1031 Confidentiality of information and records.
416.1032 Other Federal laws and regulations.
416.1033 Policies and operating instructions.
Performance Standards
416.1040 General.
416.1041 Standards of performance.
416.1042 Processing time standards.
416.1043 Performance accuracy standard.
416.1044 How and when we determine whether the processing time standards are met.
416.1045 How and when we determine whether the performance accuracy standard is met.
416.1050 Action we will take if a State agency does not meet the standards.
Performance Monitoring and Support
416.1060 How we will monitor.
416.1061 When we will provide performance support.
416.1062 What support we will provide.
Substantial Failure
416.1070 General.
416.1071 Good cause for not following the Act, our regulations, or other written guidelines.
416.1075 Finding of substantial failure.
Hearings and Appeals
416.1080 Notice of right to hearing on proposed finding of substantial failure.
416.1081 Disputes on matters other than substantial failure.
416.1082 Who conducts the hearings.
416.1083 Hearings and appeals process.
Assumption of Disability Determination Function
416.1090 Assumption when we make a finding of substantial failure.
416.1091 Assumption when State no longer wishes to perform the disability determination function.
416.1092 Protection of State employees.
416.1093 Limitation on State expenditures after notice.
416.1094 Final accounting by the State.
Subpart K—Income
416.1100 Income and SSI eligibility.
416.1101 Definition of terms.
416.1102 What is income?
416.1103 What is not income?
416.1104 Income we count.
Earned Income
416.1110 What is earned income.
416.1111 How we count earned income.
416.1112 Earned income we do not count.
Unearned Income
416.1120 What is unearned income.
416.1121 Types of unearned income.
416.1123 How we count unearned income.
416.1124 Unearned income we do not count.
In-Kind Support and Maintenance
416.1130 Introduction.
416.1131 The one-third reduction rule.
416.1132 What we mean by "living in another person's household".
416.1133 What is a pro rata share of household operating expenses.
416.1140 The presumed value rule.
416.1141 When the presumed value rule applies.
416.1142 If you live in a public assistance household.
416.1143 If you live in a noninstitutional care situation.
416.1144 If you live in a nonprofit retirement home or similar institution.
416.1145 How the presumed value rule applies in a nonmedical for-profit institution.
In-Kind Support and Maintenance in Special Circumstances
416.1147 How we value in-kind support and maintenance for a couple.
416.1147a Income rules in change-of-status situations involving in-kind support and maintenance.
416.1148 If you have both in-kind support and maintenance and income that is deemed to you.
Temporary Absence
416.1149 What is a temporary absence from your living arrangement.
416.1150 How we treat income received because of a major disaster.
416.1151 How we treat the repair or replacement of lost, damaged, or stolen resources.
Home Energy Assistance
416.1157 Support and maintenance assistance.
Deeming of Income
416.1160 What is deeming of income.
416.1161 Income of an ineligible spouse, ineligible parent, and essential person for deeming purposes.
416.1161a Income for deeming purposes where Medicaid eligibility is affected.
416.1163 How we deem income to you from your ineligible spouse.
416.1165 How we deem income to you from your ineligible parent(s).
416.1166 How we deem income to you and your eligible child from your ineligible spouse.
416.1166a How we deem income to you from your sponsor if you are an alien.
416.1167 Temporary absences and deeming rules.
416.1168 How we deem income to you from your essential person.
416.1169 When we stop deeming income from an essential person.
Alternative Income Counting Rules for Certain Blind Individuals
416.1170 General.
416.1171 When the alternative rules apply.
Rules for Helping Blind and Disabled Individuals Achieve Self-Support
416.1180 General.
416.1181 What is a plan to achieve self-support (PASS)?
416.1182 When we begin to count the income excluded under the plan.
Appendix to Subpart K of Part 416—List of Types of Income Excluded Under the SSI Program as Provided by Federal Laws Other Than the Social Security Act
Subpart L—Resources and Exclusions
416.1201 Resources; general.
416.1202 Deeming of resources.
416.1203 Deeming of resources of an essential person.
416.1204 Deeming of resources of the sponsor of an alien.
416.1204a Deeming of resources where Medicaid eligibility is affected.
416.1205 Limitation on resources.
416.1207 Resources determinations.
416.1208 How funds held in financial institution accounts are counted.
416.1210 Exclusions from resources; general.
416.1212 Exclusion of the home.
416.1216 Exclusion of household goods and personal effects.
416.1218 Exclusion of the automobile.
416.1220 Property essential to self-support; general.
416.1222 How income-producing property essential to self-support is counted.
416.1224 How nonbusiness property used to produce goods or services essential to self-support is counted.
416.1225 An approved plan to achieve self-support; general.
416.1226 What is a plan to achieve self-support(PASS)?
416.1227 When the resources excluded under a plan to achieve self-support begin to count.
416.1228 Exclusion of Alaskan natives' stock in regional or village corporations.
416.1229 Exclusion of payments received as compensation for expenses incurred or losses suffered as a result of a crime.
416.1230 Exclusion of life insurance.
416.1231 Burial spaces and certain funds set aside for burial expenses.
416.1232 Replacement of lost, damaged, or stolen excluded resources.
416.1233 Exclusion of certain underpayments from resources.
416.1234 Exclusion of Indian lands.
416.1235 Exclusion of earned income tax credit.
416.1236 Exclusions from resources; provided by other statutes.
416.1237 Assistance received on account of major disaster.
416.1238 Exclusion of certain housing assistance.
416.1239 Exclusion of State or local relocation assistance payments.
416.1240 Disposition of resources.
416.1242 Time limits for disposing of resources.
416.1244 Treatment of proceeds from disposition of resources.
416.1245 Exceptions to required disposition of real property.
416.1246 Disposal of resources at less than fair market value.
416.1247 Exclusion of a dedicated account in a financial institution.
416.1248 Exclusion of gifts to children with life-threatening conditions.
416.1249 Exclusion of payments received as restitution for misuse of benefits by a representative payee.
416.1250 How we count grants, scholarships, fellowships or gifts.
416.1260 Special resource provision for recipients under a State plan.
416.1261 Application of special resource provision.
416.1262 Special resource provision applicable in cases involving essential persons.
416.1264 Spouse ineligible under a State plan in December 1973.
416.1266 Individual under special resource provision dies after December 1973.
Subpart M—Suspensions and Terminations
416.1320 Suspensions; general.
416.1321 Suspension for not giving us permission to contact financial institutions.
416.1322 Suspension due to failure to comply with request for information.
416.1323 Suspension due to excess income.
416.1324 Suspension due to excess resources.
416.1325 Suspension due to status as a resident of a public institution.
416.1326 Suspension for failure to comply with treatment for drug addiction or alcoholism.
416.1327 Suspension due to absence from the United States.
416.1329 Suspension due to loss of United States residency, United States citizenship, or status as an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.
416.1330 Suspension due to failure to apply for and obtain other benefits.
416.1331 Termination of your disability or blindness payments.
416.1332 Termination of benefit for disabled individual: Exception.
416.1333 Termination at the request of the recipient.
416.1334 Termination due to death of recipient.
416.1335 Termination due to continuous suspension.
416.1336 Notice of intended action affecting recipient's payment status.
416.1337 Exceptions to the continuation of previously established payment level.
416.1338 If you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
416.1339 Suspension due to flight to avoid criminal prosecution or custody or confinement after conviction, or due to violation of probation or parole.
416.1340 Penalty for making false or misleading statements or withholding information.
Subpart N—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions
Introduction, Definitions, and Initial Determinations
416.1400 Introduction.
416.1401 Definitions.
416.1402 Administrative actions that are initial determinations.
416.1403 Administrative actions that are not initial determinations.
416.1404 Notice of the initial determination.
416.1405 Effect of an initial determination.
416.1406 Testing modifications to the disability determination procedures.
416.1407 Reconsideration—general.
416.1408 Parties to a reconsideration.
416.1409 How to request reconsideration.
416.1411 Good cause for missing the deadline to request review.
416.1413 Reconsideration procedures.
416.1413a Reconsiderations of initial determinations on applications.
416.1413b Reconsideration procedures for post-eligibility claims.
416.1413c Arrangement for conferences.
416.1414 Disability hearing—general.
416.1415 Disability hearing—disability hearing officers.
416.1416 Disability hearing—procedures.
416.1417 Disability hearing—disability hearing officer's reconsidered determination.
416.1418 Disability hearing—review of the disability hearing officer's reconsidered determination before it is issued.
416.1419 Notice of another person's request for reconsideration.
416.1420 Reconsidered determination.
416.1421 Effect of a reconsidered determination.
416.1422 Notice of a reconsidered determination.
Expedited Appeals Process
416.1423 Expedited appeals process—general.
416.1424 When the expedited appeals process may be used.
416.1425 How to request expedited appeals process.
416.1426 Agreement in expedited appeals process.
416.1427 Effect of expedited appeals process agreement.
416.1428 Expedited appeals process request that does not result in agreement.
Hearing Before an Administrative Law Judge
416.1429 Hearing before an administrative law judge—general.
416.1430 Availability of a hearing before an administrative law judge.
416.1432 Parties to a hearing before an administrative law judge.
416.1433 How to request a hearing before an administrative law judge.
416.1435 Submitting evidence prior to a hearing before an administrative law judge.
416.1436 Time and place for a hearing before an administrative law judge.
416.1438 Notice of a hearing before an administrative law judge.
416.1439 Objections to the issues.
416.1440 Disqualification of the administrative law judge.
416.1441 Prehearing case review.
416.1442 Prehearing proceedings and decisions by attorney advisors.
416.1443 Responsibilities of the adjudication officer.
Administrative Law Judge Hearing Procedures
416.1444 Administrative law judge hearing procedures—general.
416.1446 Issues before an administrative law judge.
416.1448 Deciding a case without an oral hearing before an administrative law judge.
416.1449 Presenting written statements and oral arguments.
416.1450 Presenting evidence at a hearing before an administrative law judge.
416.1451 When a record of a hearing before an administrative law judge is made.
416.1452 Consolidated hearings before an administrative law judge.
416.1453 The decision of an administrative law judge.
416.1455 The effect of an administrative law judge's decision.
416.1456 Removal of a hearing request from an administrative law judge to the Appeals Council.
416.1457 Dismissal of a request for a hearing before an administrative law judge.
416.1458 Notice of dismissal of a request for a hearing before an administrative law judge.
416.1459 Effect of dismissal of a request for a hearing before an administrative law judge.
416.1460 Vacating a dismissal of a request for a hearing before an administrative law judge.
416.1461 Prehearing and posthearing conferences.
416.1465 [Reserved]
Appeals Council Review
416.1466 Testing elimination of the request for Appeals Council review.
416.1467 Appeals Council review—general.
416.1468 How to request Appeals Council review.
416.1469 Appeals Council initiates review.
416.1470 Cases the Appeals Council will review.
416.1471 Dismissal by Appeals Council.
416.1472 Effect of dismissal of request for Appeals Council review.
416.1473 Notice of Appeals Council review.
416.1474 Obtaining evidence from Appeals Council.
416.1475 Filing briefs with the Appeals Council.
416.1476 Procedures before Appeals Council on review.
416.1477 Case remanded by Appeals Council.
416.1479 Decision of Appeals Council.
416.1481 Effect of Appeals Council's decision or denial of review.
416.1482 Extension of time to file action in Federal district court.
Court Remand Cases
416.1483 Case remanded by a Federal court.
416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal court.
416.1485 Application of circuit court law.
Reopening and Revising Determinations and Decisions
416.1487 Reopening and revising determinations and decisions.
416.1488 Conditions for reopening.
416.1489 Good cause for reopening.
416.1491 Late completion of timely investigation.
416.1492 Notice of revised determination or decision.
416.1493 Effect of revised determination or decision.
416.1494 Time and place to request further review or a hearing on revised determination or decision.
Payment of Certain Travel Expenses
416.1495 Payment of certain travel expenses—general.
416.1496 Who may be reimbursed.
416.1498 What travel expenses are reimbursable.
416.1499 When and how to claim reimbursement.
Subpart O—Representation of Parties
416.1500 Introduction.
416.1503 Definitions.
416.1505 Who may be your representative.
416.1506 Notification of options for obtaining attorney representation.
416.1507 Appointing a representative.
416.1510 Authority of a representative.
416.1515 Notice or request to a representative.
416.1517 Demonstration project on direct payment of fees to non-attorneys.
416.1520 Fee for a representative's services.
416.1525 Request for approval of a fee.
416.1528 Proceedings before a State or Federal court.
416.1530 Payment of fees.
416.1535 Services in a proceeding under title XVI of the Act.
416.1540 Rules of conduct and standards of responsibility for representatives.
416.1545 Violations of our requirements, rules, or standards.
416.1550 Notice of charges against a representative.
416.1555 Withdrawing charges against a representative.
416.1565 Hearing on charges.
416.1570 Decision by hearing officer.
416.1575 Requesting review of the hearing officer's decision.
416.1576 Assignment of request for review of the hearing officer's decision.
416.1580 Appeals Council's review of hearing officer's decision.
416.1585 Evidence permitted on review.
416.1590 Appeals Council's decision.
416.1595 When the Appeals Council will dismiss a request for review.
416.1597 Reinstatement after suspension—period of suspension expired.
416.1599 Reinstatement after suspension or disqualification—period of suspension not expired.
Subpart P—Residence and Citizenship
416.1600 Introduction.
416.1601 Definitions and terms used in this subpart.
416.1603 How to prove you are a resident of the United States.
416.1610 How to prove you are a citizen or a national of the United States.
416.1615 How to prove you are lawfully admitted for permanent residence in the United States.
416.1618 When you are considered permanently residing in the United States under color of law.
416.1619 When you cannot be considered permanently residing in the United States under color of law.
Subpart Q—Referral of Persons Eligible for Supplemental Security Income to Other Agencies
416.1701 Scope of subpart.
416.1705 Definitions.
Referral for Vocational Rehabilitation Services
416.1710 Whom we refer and when.
Referral for Treatment of Alcoholism or Drug Addiction
416.1720 Whom we refer.
416.1725 Effect of your failure to comply with treatment requirements for your drug addiction or alcoholism.
Subpart R—Relationship
416.1801 Introduction.
Who Is Considered Your Spouse
416.1802 Effects of marriage on eligibility and amount of benefits.
416.1806 Whether you are married and who is your spouse.
416.1816 Information we need concerning marriage when you apply for SSI.
416.1821 Showing that you are married when you apply for SSI.
416.1826 Showing that you are not married when you apply for SSI.
416.1830 When we stop considering you and your spouse an eligible couple.
416.1832 When we consider your marriage ended.
416.1835 Information we need about separation or end of marriage after you become eligible for SSI.
Who Is Considered a Child
416.1851 Effects of being considered a child.
416.1856 Who is considered a child.
416.1861 Deciding whether you are a child: Are you a student?
416.1866 Deciding whether you are a child: Are you the head of a household?
Who Is Considered a Student for Purposes of the Student Earned Income Exclusion
416.1870 Effect of being considered a student.
416.1872 Who is considered a student.
416.1874 When we need evidence that you are a student.
Who Is Considered Your Parent
416.1876 Effects a parent (or parents) can have on the child's benefits.
416.1881 Deciding whether someone is your parent or stepparent.
Subpart S—Interim Assistance Provisions
416.1901 Scope of subpart S.
416.1902 Definitions.
416.1904 Authorization to withhold SSI benefits.
416.1906 When your authorization is in effect.
416.1908 When we need another authorization.
Interim Assistance Agreements
416.1910 Requirements for interim assistance agreement.
416.1920 Your appeal rights in the State.
416.1922 Your appeal rights in SSA.
Subpart T—State Supplementation Provisions; Agreement; Payments
416.2001 State supplementary payments; general.
416.2005 Administration agreements with SSA.
416.2010 Essentials of the administration agreements.
416.2015 Establishing eligibility.
416.2020 Federally administered supplementary payments.
416.2025 Optional supplementation: Countable income.
416.2030 Optional supplementation: Variations in payments.
416.2035 Optional supplementation: Additional State options.
416.2040 Limitations on eligibility.
416.2045 Overpayments and underpayments; federally administered supplementation.
416.2047 Waiver of State supplementary payments.
416.2050 Mandatory minimum State supplementation.
416.2055 Mandatory minimum supplementation reduced.
416.2060 Mandatory minimum supplementary payments not applicable.
416.2065 Mandatory minimum State supplementation: Agreement deemed.
416.2070 Mandatory supplementation: State compliance not applicable.
416.2075 Monitoring of mandatory minimum supplementary payments.
416.2090 State funds transferred for supplementary payments.
416.2095 Pass-along of Federal benefit increases.
416.2096 Basic pass-along rules.
416.2097 Combined supplementary/SSI payment levels.
416.2098 Supplementary payment levels.
416.2099 Compliance with pass-along.
Subpart U—Medicaid Eligibility Determinations
416.2101 Introduction.
416.2111 Conditions for our agreeing to make Medicaid eligibility determinations.
416.2116 Medicaid eligibility determinations.
416.2130 Effect of the agreement and responsibilities of States.
416.2140 Liability for erroneous Medicaid eligibility determinations.
416.2145 Services other than Medicaid determinations.
416.2161 Charges to States.
416.2166 Changing the agreement.
416.2171 Duration of agreement.
416.2176 Disagreements between a State and us.
Subpart V—Payments for Vocational Rehabilitation Services
General Provisions
416.2201 General.
416.2202 Purpose and scope.
416.2203 Definitions.
416.2204 Participation by State VR agencies or alternate participants.
416.2206 Basic qualifications for alternate participants.
Payment Provisions
416.2208 Requirements for payment.
416.2209 Responsibility for making payment decisions.
416.2210 What we mean by "SGA" and by "a continuous period of 9 months".
416.2211 Criteria for determining when VR services will be considered to have contributed to a continuous period of 9 months.
416.2212 Payment for VR services in a case where an individual continues to receive disability or blindness benefits based on participation in an approved VR program.
416.2214 Services for which payment may be made.
416.2215 When services must have been provided.
416.2216 When claims for payment for VR services must be made (filing deadlines).
416.2217 What costs will be paid.
Administrative Provisions
416.2218 Applicability of these provisions to alternate participants.
416.2219 Method of payment.
416.2220 Audits.
416.2221 Validation reviews.
416.2222 Confidentiality of information and records.
416.2223 Other Federal laws and regulations.
416.2227 Resolution of disputes.

EDITORIAL NOTE: Nomenclature changes to part 416 appear at 68 FR 53509, Sept. 11, 2003.

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