Contents
- 404.1 Introduction.
- 404.1001 Introduction.
- 404.1002 Definitions.
- 404.1003 Employment.
- 404.1004 What work is covered as employment?
- 404.1005 Who is an employee.
- 404.1006 Corporation officer.
- 404.1007 Common-law employee.
- 404.1008 Agent-driver or commission-driver, full-time life insurance salesman, home worker, or traveling or city salesman.
- 404.1009 Who is an employer.
- 404.101 Introduction.
- 404.1010 Farm crew leader as employer.
- 404.1012 Work excluded from employment.
- 404.1013 Included-excluded rule.
- 404.1014 Domestic service by a student for a local college club, fraternity or sorority.
- 404.1015 Family services.
- 404.1016 Foreign agricultural workers.
- 404.1017 Sharefarmers.
- 404.1018 Work by civilians for the United States Government or its instrumentalities—wages paid after 1983.
- 404.1018a Work by civilians for the United States Government or its instrumentalities—remuneration paid prior to 1984.
- 404.1018b Medicare qualified government employment.
- 404.1019 Work as a member of a uniformed service of the United States.
- 404.102 Definitions.
- 404.1020 Work for States and their political subdivisions and instrumentalities.
- 404.1021 Work for the District of Columbia.
- 404.1022 American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.
- 404.1023 Ministers of churches and members of religious orders.
- 404.1024 Election of coverage by religious orders.
- 404.1025 Work for religious, charitable, educational, or certain other organizations exempt from income tax.
- 404.1026 Work for a church or qualified church-controlled organization.
- 404.1027 Railroad work.
- 404.1028 Student working for a school, college, or university.
- 404.1029 Student nurses.
- 404.1030 Delivery and distribution or sale of newspapers, shopping news, and magazines.
- 404.1031 Fishing.
- 404.1032 Work for a foreign government.
- 404.1033 Work for a wholly owned instrumentality of a foreign government.
- 404.1034 Work for an international organization.
- 404.1035 Work for a communist organization.
- 404.1036 Certain nonresident aliens.
- 404.1037 Work on or in connection with a non-American vessel or aircraft.
- 404.1038 Domestic employees under age 18.
- 404.1039 Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance.
- 404.1041 Wages.
- 404.1042 Wages when paid and received.
- 404.1043 Facilities or privileges—meals and lodging.
- 404.1044 Vacation pay.
- 404.1045 Employee expenses.
- 404.1046 Pay for work by certain members of religious orders.
- 404.1047 Annual wage limitation.
- 404.1048 Contribution and benefit base after 1992.
- 404.1049 Payments under an employer plan or system.
- 404.1050 Retirement payments.
- 404.1051 Payments on account of sickness or accident disability, or related medical or hospitalization expenses.
- 404.1052 Payments from or to certain tax-exempt trusts or payments under or into certain annuity plans.
- 404.1053 “Qualified benefits” under a cafeteria plan.
- 404.1054 Payments by an employer of employee's tax or employee's contribution under State law.
- 404.1055 Payments for agricultural labor.
- 404.1056 Explanation of agricultural labor.
- 404.1057 Domestic service in the employer's home.
- 404.1058 Special situations.
- 404.1059 Deemed wages for certain individuals interned during World War II.
- 404.1060 [Reserved]
- 404.1065 Self-employment coverage.
- 404.1066 Trade or business in general.
- 404.1068 Employees who are considered self-employed.
- 404.1069 Real estate agents and direct sellers.
- 404.1070 Christian Science practitioners.
- 404.1071 Ministers and members of religious orders.
- 404.1073 Public office.
- 404.1074 Farm crew leader who is self-employed.
- 404.1075 Members of certain religious groups opposed to insurance.
- 404.1077 Individuals under railroad retirement system.
- 404.1080 Net earnings from self-employment.
- 404.1081 General rules for figuring net earnings from self-employment.
- 404.1082 Rentals from real estate; material participation.
- 404.1083 Dividends and interest.
- 404.1084 Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion.
- 404.1085 Net operating loss deduction.
- 404.1086 Community income.
- 404.1087 Figuring partner's net earnings from self-employment for taxable year which ends as a result of death.
- 404.1088 Retirement payment to retired partners.
- 404.1089 Figuring net earnings for residents and nonresidents of Puerto Rico.
- 404.1090 Personal exemption deduction.
- 404.1091 Figuring net earnings for ministers and members of religious orders.
- 404.1092 Figuring net earnings for U.S. citizens or residents living outside the United States.
- 404.1093 Possession of the United States.
- 404.1094 Options available for figuring net earnings from self-employment.
- 404.1095 Agricultural trade or business.
- 404.1096 Self-employment income.
- 404.110 How we determine fully insured status.
- 404.111 When we consider a person fully insured based on World War II active military or naval service.
- 404.112 When we consider certain employees of private nonprofit organizations to be fully insured.
- 404.115 Table for determining the quarters of coverage you need to be fully insured.
- 404.120 How we determine currently insured status.
- 404.1200 General.
- 404.1201 Scope of this subpart regarding coverage and wage reports and adjustments.
- 404.1202 Definitions.
- 404.1203 Evidence—for wages paid prior to 1987.
- 404.1204 Designating officials to act on behalf of the State.
- 404.1205 Absolute coverage groups.
- 404.1206 Retirement system coverage groups.
- 404.1207 Divided retirement system coverage groups.
- 404.1208 Ineligible employees.
- 404.1209 Mandatorily excluded services.
- 404.1210 Optionally excluded services.
- 404.1211 Interstate instrumentalities.
- 404.1212 Police officers and firefighters.
- 404.1214 Agreement for coverage.
- 404.1215 Modification of agreement.
- 404.1216 Modification of agreement to correct an error.
- 404.1217 Continuation of coverage.
- 404.1218 Resumption of coverage.
- 404.1219 Dissolution of political subdivision.
- 404.1220 Identification numbers.
- 404.1225 Records—for wages paid prior to 1987.
- 404.1230 Onsite review program.
- 404.1231 Scope of review.
- 404.1232 Conduct of review.
- 404.1234 Reports of review's findings.
- 404.1237 Wage reports and contribution returns—general—for wages paid prior to 1987.
- 404.1239 Wage reports for employees performing services in more than one coverage group—for wages paid prior to 1987.
- 404.1242 Back pay.
- 404.1243 Use of reporting forms—for wages paid prior to 1987.
- 404.1247 When to report wages—for wages paid prior to 1987.
- 404.1249 When and where to make deposits of contributions and to file contribution returns and wage reports—for wages paid prior to 1987.
- 404.1251 Final reports—for wages paid prior to 1987.
- 404.1255 State's liability for contributions—for wages paid prior to 1987.
- 404.1256 Limitation on State's liability for contributions for multiple employment situations—for wages paid prior to 1987.
- 404.1260 Amount of contributions—for wages paid prior to 1987.
- 404.1262 Manner of payment of contributions by State—for wages paid prior to 1987.
- 404.1263 When fractional part of a cent may be disregarded—for wages paid prior to 1987.
- 404.1265 Addition of interest to contributions—for wages paid prior to 1987.
- 404.1267 Failure to make timely payments—for wages paid prior to 1987.
- 404.1270 Adjustments in general—for wages paid prior to 1987.
- 404.1271 Adjustment of overpayment of contributions—for wages paid prior to 1987.
- 404.1272 Refund or recomputation of overpayments which are not adjustable—for wages paid prior to 1987.
- 404.1275 Adjustment of employee contributions—for wages paid prior to 1987.
- 404.1276 Reports and payments erroneously made to Internal Revenue Service-transfer of funds—for wages paid prior to 1987.
- 404.1280 Allowance of credits or refunds—for wages paid prior to 1987.
- 404.1281 Credits or refunds for periods of time during which no liability exists—for wages paid prior to 1987.
- 404.1282 Time limitations on credits or refunds—for wages paid prior to 1987.
- 404.1283 Exceptions to the time limitations on credits or refunds—for wages paid prior to 1987.
- 404.1284 Offsetting underpayments against overpayments—for wages paid prior to 1987.
- 404.1285 Assessments of amounts due—for wages paid prior to 1987.
- 404.1286 Time limitations on assessments—for wages paid prior to 1987.
- 404.1287 Exceptions to the time limitations on assessments—for wages paid prior to 1987.
- 404.1289 Payment after expiration of time limitation for assessment—for wages paid prior to 1987.
- 404.1290 Review of decisions by the Secretary—for wages paid prior to 1987.
- 404.1291 Reconsideration—for wages paid prior to 1987.
- 404.1292 How to request review—for wages paid prior to 1987.
- 404.1293 Time for filing request for review—for wages paid prior to 1987.
- 404.1294 Notification to State after reconsideration—for wages paid prior to 1987.
- 404.1295 Commissioner's review—for wages paid prior to 1987.
- 404.1296 Commissioner's notification to the State—for wages paid prior to 1987.
- 404.1297 Review by court—for wages paid prior to 1987.
- 404.1298 Time for filing civil action—for wages paid prior to 1987.
- 404.1299 Final judgments—for wages paid prior to 1987.
- 404.130 How we determine disability insured status.
- 404.1301 Introduction.
- 404.1302 Definitions.
- 404.131 When you must have disability insured status.
- 404.1310 Who is a World War II veteran.
- 404.1311 Ninety-day active service requirement for World War II veterans.
- 404.1312 World War II service included.
- 404.1313 World War II service excluded.
- 404.132 How we determine fully insured status for a period of disability or disability insurance benefits.
- 404.1320 Who is a post-World War II veteran.
- 404.1321 Ninety-day active service requirement for post-World War II veterans.
- 404.1322 Post-World War II service included.
- 404.1323 Post-World War II service excluded.
- 404.1325 Separation from active service under conditions other than dishonorable.
- 404.133 When we give you quarters of coverage based on military service to establish a period of disability.
- 404.1330 Who is a member of a uniformed service.
- 404.1340 Wage credits for World War II and post-World War II veterans.
- 404.1341 Wage credits for a member of a uniformed service.
- 404.1342 Limits on granting World War II and post-World War II wage credits.
- 404.1343 When the limits on granting World War II and post-World War II wage credits do not apply.
- 404.1350 Deemed insured status.
- 404.1351 When deemed insured status does not apply.
- 404.1352 Benefits and payments based on deemed insured status.
- 404.1360 Veterans Administration pension or compensation payable.
- 404.1361 Federal benefit payable other than by Veterans Administration.
- 404.1362 Treatment of social security benefits or payments where Veterans Administration pension or compensation payable.
- 404.1363 Treatment of social security benefits or payments where Federal benefit payable other than by Veterans Administration.
- 404.1370 Evidence of active service and separation from active service.
- 404.1371 Evidence of membership in a uniformed service during the years 1957 through 1967.
- 404.140 What is a quarter of coverage.
- 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?
- 404.141 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.
- 404.2 General definitions and use of terms.
- 404.201 What is included in this subpart?
- 404.202 Other regulations related to this subpart.
- 404.203 Definitions.
- 404.204 Methods of computing primary insurance amounts—general.
- 404.210 Average-indexed-monthly-earnings method.
- 404.211 Computing your average indexed monthly earnings.
- 404.212 Computing your primary insurance amount from your average indexed monthly earnings.
- 404.213 Computation where you are eligible for a pension based on your noncovered employment.
- 404.220 Average-monthly-wage method.
- 404.221 Computing your average monthly wage.
- 404.222 Use of benefit table in finding your primary insurance amount from your average monthly wage.
- 404.230 Guaranteed alternative.
- 404.231 Steps in computing your primary insurance amount under the guaranteed alternative—general.
- 404.232 Computing your average monthly wage under the guaranteed alternative.
- 404.233 Adjustment of your guaranteed alternative when you become entitled after age 62.
- 404.240 Old-start method—general.
- 404.241 1977 simplified old-start method.
- 404.242 Use of old-start primary insurance amount as guaranteed alternative.
- 404.243 Computation where you are eligible for a pension based on noncovered employment.
- 404.250 Special computation rules for people who had a period of disability.
- 404.251 Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended.
- 404.252 Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended.
- 404.260 Special minimum primary insurance amounts.
- 404.261 Computing your special minimum primary insurance amount.
- 404.270 Cost-of-living increases.
- 404.271 When automatic cost-of-living increases apply.
- 404.272 Indexes we use to measure the rise in the cost-of-living.
- 404.273 When are automatic cost-of-living increases effective?
- 404.274 What are the measuring periods we use to calculate cost-of-living increases?
- 404.275 How is an automatic cost-of-living increase calculated?
- 404.276 Publication of notice of increase.
- 404.277 When does the frozen minimum primary insurance amount increase because of cost-of-living adjustments?
- 404.278 Additional cost-of-living increase.
- 404.280 Recomputations.
- 404.281 Why your primary insurance amount may be recomputed.
- 404.282 Effective date of recomputations.
- 404.283 Recomputation under method other than that used to find your primary insurance amount.
- 404.284 Recomputations for people who reach age 62, or become disabled, or die before age 62 after 1978.
- 404.285 Recomputations performed automatically.
- 404.286 How to request an immediate recomputation.
- 404.287 Waiver of recomputation.
- 404.288 Recomputing when you are entitled to a monthly pension based on noncovered employment.
- 404.290 Recalculations.
- 404.3 General provisions.
- 404.301 Introduction.
- 404.302 Other regulations related to this subpart.
- 404.303 Definitions.
- 404.304 What are the general rules on benefit amounts?
- 404.305 When you may not be entitled to benefits.
- 404.310 When am I entitled to old-age benefits?
- 404.311 When does my entitlement to old-age benefits begin and end?
- 404.312 How is my old-age benefit amount calculated?
- 404.313 What are delayed retirement credits and how do they increase my old-age benefit amount?
- 404.315 Who is entitled to disability benefits?
- 404.316 When entitlement to disability benefits begins and ends.
- 404.317 How is the amount of my disability benefit calculated?
- 404.320 Who is entitled to a period of disability.
- 404.321 When a period of disability begins and ends.
- 404.322 When you may apply for a period of disability after a delay due to a physical or mental condition.
- 404.325 The termination month.
- 404.327 When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
- 404.328 When your completion of the program, or your continuation in the program for a specified period of time, will increase the likelihood that you will not have to return to the disability benefit rolls.
- 404.330 Who is entitled to wife's or husband's benefits.
- 404.331 Who is entitled to wife's or husband's benefits as a divorced spouse.
- 404.332 When wife's and husband's benefits begin and end.
- 404.333 Wife's and husband's benefit amounts.
- 404.335 How do I become entitled to widow's or widower's benefits?
- 404.336 How do I become entitled to widow's or widower's benefits as a surviving divorced spouse?
- 404.337 When does my entitlement to widow's and widower's benefits start and end?
- 404.338 Widow's and widower's benefits amounts.
- 404.339 How do I become entitled to mother's or father's benefits as a surviving spouse?
- 404.340 How do I become entitled to mother's or father's benefits as a surviving divorced spouse?
- 404.341 When mother's and father's benefits begin and end.
- 404.342 Mother's and father's benefit amounts.
- 404.344 Your relationship by marriage to the insured.
- 404.345 Your relationship as wife, husband, widow, or widower under State law.
- 404.346 Your relationship as wife, husband, widow, or widower based upon a deemed valid marriage.
- 404.347 “Living in the same household” defined.
- 404.348 When is a child living with me in my care?
- 404.349 When is a child living apart from me in my care?
- 404.350 Who is entitled to child's benefits?
- 404.351 Who may be reentitled to child's benefits?
- 404.352 When does my entitlement to child's benefits begin and end?
- 404.353 Child's benefit amounts.
- 404.354 Your relationship to the insured.
- 404.355 Who is the insured's natural child?
- 404.356 Who is the insured's legally adopted child?
- 404.357 Who is the insured's stepchild?
- 404.358 Who is the insured's grandchild or stepgrandchild?
- 404.359 Who is the insured's equitably adopted child?
- 404.360 When a child is dependent upon the insured person.
- 404.361 When a natural child is dependent.
- 404.362 When a legally adopted child is dependent.
- 404.363 When is a stepchild dependent?
- 404.364 When is a grandchild or stepgrandchild dependent?
- 404.365 When an equitably adopted child is dependent.
- 404.366 “Contributions for support,” “one-half support,” and “living with” the insured defined—determining first month of entitlement.
- 404.367 When you are a “full-time elementary or secondary school student”.
- 404.368 When you are considered a full-time student during a period of nonattendance.
- 404.370 Who is entitled to parent's benefits?
- 404.371 When parent's benefits begin and end.
- 404.373 Parent's benefit amounts.
- 404.374 Parent's relationship to the insured.
- 404.380-404.384 -404.384 [Reserved]
- 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?
- 404.401 Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments.
- 404.401a When we do not pay benefits because of a disability beneficiary's work activity.
- 404.402 Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.
- 404.403 Reduction where total monthly benefits exceed maximum family benefits payable.
- 404.404 How reduction for maximum affects insured individual and other persons entitled on his earnings record.
- 404.405 Situations where total benefits can exceed maximum because of “savings clause.”
- 404.406 Reduction for maximum because of retroactive effect of application for monthly benefits.
- 404.407 Reduction because of entitlement to other benefits.
- 404.408 Reduction of benefits based on disability on account of receipt of certain other disability benefits provided under Federal, State, or local laws or plans.
- 404.408a Reduction where spouse is receiving a Government pension.
- 404.408b Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period.
- 404.409 What is full retirement age?
- 404.410 How does SSA reduce my benefits when my entitlement begins before full retirement age?
- 404.411 How are benefits reduced for age when a person is entitled to two or more benefits?
- 404.412 After my benefits are reduced for age when and how will adjustments to that reduction be made?
- 404.413 After my benefits are reduced for age what happens if there is an increase in my primary insurance amount?
- 404.415 Deductions because of excess earnings.
- 404.417 Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test.
- 404.418 “Noncovered remunerative activity outside the United States,” defined.
- 404.420 Persons deemed entitled to benefits based on an individual's earnings record.
- 404.421 How are deductions made when a beneficiary fails to have a child in his or her care?
- 404.423 Manner of making deductions.
- 404.424 Total amount of deductions where more than one deduction event occurs in a month.
- 404.425 Total amount of deductions where deduction events occur in more than 1 month.
- 404.428 Earnings in a taxable year.
- 404.429 Earnings; defined.
- 404.430 Monthly and annual exempt amounts defined; excess earnings defined.
- 404.434 Excess earnings; method of charging.
- 404.435 Excess earnings; months to which excess earnings can or cannot be charged; grace year defined.
- 404.436 Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
- 404.437 Excess earnings; benefit rate subject to deductions because of excess earnings.
- 404.439 Partial monthly benefits; excess earnings of the individual charged against his benefits and the benefits of persons entitled (or deemed entitled) to benefits on his earnings record.
- 404.440 Partial monthly benefits; pro-rated share of partial payment exceeds the benefit before deduction for excess earnings.
- 404.441 Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings.
- 404.446 Definition of “substantial services” and “services.”
- 404.447 Evaluation of factors involved in substantial services test.
- 404.450 Required reports of work outside the United States or failure to have care of a child.
- 404.451 Penalty deductions for failure to report within prescribed time limit noncovered remunerative activity outside the United States or not having care of a child.
- 404.452 Reports to Social Security Administration of earnings; wages; net earnings from self-employment.
- 404.453 Penalty deductions for failure to report earnings timely.
- 404.454 Good cause for failure to make required reports.
- 404.455 Request by Social Security Administration for reports of earnings and estimated earnings; effect of failure to comply with request.
- 404.456 Current suspension of benefits because an individual works or engages in self-employment.
- 404.457 Deductions where taxes neither deducted from wages of certain maritime employees nor paid.
- 404.458 Limiting deductions where total family benefits payable would not be affected or would be only partly affected.
- 404.459 Penalty for making false or misleading statements or withholding information.
- 404.460 Nonpayment of monthly benefits to aliens outside the United States.
- 404.461 Nonpayment of lump sum after death of alien outside United States for more than 6 months.
- 404.462 Nonpayment of hospital and medical insurance benefits of alien outside United States for more than 6 months.
- 404.463 Nonpayment of benefits of aliens outside the United States; “foreign social insurance system,” and “treaty obligation” exceptions defined.
- 404.464 How does deportation or removal from the United States affect the receipt of benefits?
- 404.465 Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits.
- 404.466 Conviction for subversive activities; effect on enrollment for supplementary medical insurance benefits.
- 404.467 Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory blindness is engaging in substantial gainful activity.
- 404.468 Nonpayment of benefits to prisoners.
- 404.469 Nonpayment of benefits where individual has not furnished or applied for a Social Security number.
- 404.471 Nonpayment of disability benefits for trial work period service months upon a conviction of fraudulently concealing work activity.
- 404.501 General applicability of section 204 of the Act.
- 404.502 Overpayments.
- 404.502a Notice of right to waiver consideration.
- 404.503 Underpayments.
- 404.504 Relation to provisions for reductions and increases.
- 404.505 Relationship to provisions requiring deductions.
- 404.506 When waiver may be applied and how to process the request.
- 404.507 Fault.
- 404.508 Defeat the purpose of Title II.
- 404.509 Against equity and good conscience; defined.
- 404.510 When an individual is “without fault” in a deduction overpayment.
- 404.510a When an individual is “without fault” in an entitlement overpayment.
- 404.511 When an individual is at “fault” in a deduction overpayment.
- 404.512 When adjustment or recovery of an overpayment will be waived.
- 404.513 Liability of a certifying officer.
- 404.515 Collection and compromise of claims for overpayment.
- 404.520 Referral of overpayments to the Department of the Treasury for tax refund offset—General.
- 404.521 Notice to overpaid persons.
- 404.522 Review within SSA that an overpayment is past due and legally enforceable.
- 404.523 Findings by SSA.
- 404.524 Review of our records related to the overpayment.
- 404.525 Suspension of offset.
- 404.526 Tax refund insufficient to cover amount of overpayment.
- 404.527 Additional methods for recovery of title II benefit overpayments.
- 404.530 Are title VIII and title XVI benefits subject to adjustment to recover title II overpayments?
- 404.535 How much will we withhold from your title VIII and title XVI benefits to recover a title II overpayment?
- 404.540 Will you receive notice of our intention to apply cross-program recovery?
- 404.545 When will we begin cross-program recovery from current monthly benefits?
- 404.601 Introduction.
- 404.602 Definitions.
- 404.603 You must file an application to receive benefits.
- 404.610 What makes an application a claim for benefits?
- 404.611 How do I file an application for Social Security benefits?
- 404.612 Who may sign an application.
- 404.613 Evidence of authority to sign an application for another.
- 404.614 When an application or other form is considered filed.
- 404.615 Claimant must be alive when an application is filed.
- 404.617 Pilot program for photographic identification of disability benefit applicants in designated geographic areas.
- 404.620 Filing before the first month you meet the requirements for benefits.
- 404.621 What happens if I file after the first month I meet the requirements for benefits?
- 404.622 Limiting an application.
- 404.623 Am I required to file for all benefits if I am eligible for old-age and husband's or wife's benefits?
- 404.630 Use of date of written statement as filing date.
- 404.631 Statements filed with the Railroad Retirement Board.
- 404.632 Statements filed with a hospital.
- 404.633 Deemed filing date in a case of misinformation.
- 404.640 Withdrawal of an application.
- 404.641 Cancellation of a request to withdraw.
- 404.701 Introduction.
- 404.702 Definitions.
- 404.703 When evidence is needed.
- 404.704 Your responsibility for giving evidence.
- 404.705 Failure to give requested evidence.
- 404.706 Where to give evidence.
- 404.707 Original records or copies as evidence.
- 404.708 How we decide what is enough evidence.
- 404.709 Preferred evidence and other evidence.
- 404.715 When evidence of age is needed.
- 404.716 Type of evidence of age to be given.
- 404.720 Evidence of a person's death.
- 404.721 Evidence to presume a person is dead.
- 404.722 Rebuttal of a presumption of death.
- 404.723 When evidence of marriage is required.
- 404.725 Evidence of a valid ceremonial marriage.
- 404.726 Evidence of common-law marriage.
- 404.727 Evidence of a deemed valid marriage.
- 404.728 Evidence a marriage has ended.
- 404.730 When evidence of a parent or child relationship is needed.
- 404.731 Evidence you are a natural parent or child.
- 404.732 Evidence you are a stepparent or stepchild.
- 404.733 Evidence you are the legally adopting parent or legally adopted child.
- 404.734 Evidence you are an equitably adopted child.
- 404.735 Evidence you are the grandchild or stepgrandchild.
- 404.736 Evidence of a child's dependency.
- 404.745 Evidence of school attendance for child age 18 or older.
- 404.750 Evidence of a parent's support.
- 404.760 Evidence of living in the same household with insured person.
- 404.762 What is acceptable evidence of having a child in my care?
- 404.770 Evidence of where the insured person had a permanent home.
- 404.780 Evidence of “good cause” for exceeding time limits on accepting proof of support or application for a lump-sum death payment.
- 404.801 Introduction.
- 404.802 Definitions.
- 404.803 Conclusiveness of the record of your earnings.
- 404.810 How to obtain a statement of earnings and a benefit estimate statement.
- 404.811 The statement of earnings and benefit estimates you requested.
- 404.812 Statement of earnings and benefit estimates sent without request.
- 404.820 Filing a request for correction of the record of your earnings.
- 404.821 Correction of the record of your earnings before the time limit ends.
- 404.822 Correction of the record of your earnings after the time limit ends.
- 404.823 Correction of the record of your earnings for work in the employ of the United States.
- 404.830 Notice of removal or reduction of your wages.
- 404.831 Notice of removal or reduction of your self-employment income.
- 404.900 Introduction.
- 404.901 Definitions.
- 404.902 Administrative actions that are initial determinations.
- 404.903 Administrative actions that are not initial determinations.
- 404.904 Notice of the initial determination.
- 404.905 Effect of an initial determination.
- 404.906 Testing modifications to the disability determination procedures.
- 404.907 Reconsideration—general.
- 404.908 Parties to a reconsideration.
- 404.909 How to request reconsideration.
- 404.911 Good cause for missing the deadline to request review.
- 404.913 Reconsideration procedures.
- 404.914 Disability hearing—general.
- 404.915 Disability hearing—disability hearing officers.
- 404.916 Disability hearing—procedures.
- 404.917 Disability hearing—disability hearing officer's reconsidered determination.
- 404.918 Disability hearing—review of the disability hearing officer's reconsidered determination before it is issued.
- 404.919 Notice of another person's request for reconsideration.
- 404.920 Reconsidered determination.
- 404.921 Effect of a reconsidered determination.
- 404.922 Notice of a reconsidered determination.
- 404.923 Expedited appeals process—general.
- 404.924 When the expedited appeals process may be used.
- 404.925 How to request expedited appeals process.
- 404.926 Agreement in expedited appeals process.
- 404.927 Effect of expedited appeals process agreement.
- 404.928 Expedited appeals process request that does not result in agreement.
- 404.929 Hearing before an administrative law judge—general.
- 404.930 Availability of a hearing before an administrative law judge.
- 404.932 Parties to a hearing before an administrative law judge.
- 404.933 How to request a hearing before an administrative law judge.
- 404.935 Submitting written evidence to an administrative law judge.
- 404.936 Time, place, and manner of appearance for a hearing before an administrative law judge.
- 404.937 Protecting the safety of the public and our employees in our hearing process.
- 404.938 Notice of a hearing before an administrative law judge.
- 404.939 Objections to the issues.
- 404.940 Disqualification of the administrative law judge.
- 404.941 Prehearing case review.
- 404.942 Prehearing proceedings and decisions by attorney advisors.
- 404.943 Responsibilities of the adjudication officer.
- 404.944 Administrative law judge hearing procedures—general.
- 404.946 Issues before an administrative law judge.
- 404.948 Deciding a case without an oral hearing before an administrative law judge.
- 404.949 Presenting written statements and oral arguments.
- 404.950 Presenting evidence at a hearing before an administrative law judge.
- 404.951 Official record.
- 404.952 Consolidated hearing before an administrative law judge.
- 404.953 The decision of an administrative law judge.
- 404.955 The effect of a hearing decision.
- 404.956 Removal of a hearing request(s) to the Appeals Council.
- 404.957 Dismissal of a request for a hearing before an administrative law judge.
- 404.958 Notice of dismissal of a request for a hearing before an administrative law judge.
- 404.959 Effect of dismissal of a request for a hearing before an administrative law judge.
- 404.960 Vacating a dismissal of a request for a hearing before an administrative law judge.
- 404.961 Prehearing and posthearing conferences.
- 404.965 [Reserved]
- 404.966 [Reserved]
- 404.967 Appeals Council review—general.
- 404.968 How to request Appeals Council review.
- 404.969 Appeals Council initiates review.
- 404.970 Cases the Appeals Council will review.
- 404.971 Dismissal by Appeals Council.
- 404.972 Effect of dismissal of request for Appeals Council review.
- 404.973 Notice of Appeals Council review.
- 404.974 Obtaining evidence from Appeals Council.
- 404.975 Filing briefs with the Appeals Council.
- 404.976 Procedures before the Appeals Council.
- 404.977 Case remanded by Appeals Council.
- 404.979 Decision of Appeals Council.
- 404.981 Effect of Appeals Council's decision or denial of review.
- 404.982 Extension of time to file action in Federal district court.
- 404.983 Case remanded by a Federal court.
- 404.984 Appeals Council review of hearing decision in a case remanded by a Federal court.
- 404.985 Application of circuit court law.
- 404.987 Reopening and revising determinations and decisions.
- 404.988 Conditions for reopening.
- 404.989 Good cause for reopening.
- 404.990 Finality of determinations and decisions on revision of an earnings record.
- 404.991 Finality of determinations and decisions to suspend benefit payments for entire taxable year because of earnings.
- 404.991a Late completion of timely investigation.
- 404.992 Notice of revised determination or decision.
- 404.993 Effect of revised determination or decision.
- 404.994 Time and place to request a hearing on revised determination or decision.
- 404.995 Finality of findings when later claim is filed on same earnings record.
- 404.996 Increase in future benefits where time period for reopening expires.
- 404.999a Payment of certain travel expenses—general.
- 404.999b Who may be reimbursed.
- 404.999c What travel expenses are reimbursable.
- 404.999d When and how to claim reimbursement.
Contents
3,839 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.
- 404.1 · Introduction.
- 404.1001 · Introduction.
- 404.1002 · Definitions.
- 404.1003 · Employment.
- 404.1004 · What work is covered as employment?
- 404.1005 · Who is an employee.
- 404.1006 · Corporation officer.
- 404.1007 · Common-law employee.
- 404.1008 · Agent-driver or commission-driver, full-time life insurance salesman, home worker, or traveling or city salesman.
- 404.1009 · Who is an employer.
- 404.101 · Introduction.
- 404.1010 · Farm crew leader as employer.
- 404.1012 · Work excluded from employment.
- 404.1013 · Included-excluded rule.
- 404.1014 · Domestic service by a student for a local college club, fraternity or sorority.
- 404.1015 · Family services.
- 404.1016 · Foreign agricultural workers.
- 404.1017 · Sharefarmers.
- 404.1018 · Work by civilians for the United States Government or its instrumentalities—wages paid after 1983.
- 404.1018a · Work by civilians for the United States Government or its instrumentalities—remuneration paid prior to 1984.
- 404.1018b · Medicare qualified government employment.
- 404.1019 · Work as a member of a uniformed service of the United States.
- 404.102 · Definitions.
- 404.1020 · Work for States and their political subdivisions and instrumentalities.
- 404.1021 · Work for the District of Columbia.
- 404.1022 · American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.
- 404.1023 · Ministers of churches and members of religious orders.
- 404.1024 · Election of coverage by religious orders.
- 404.1025 · Work for religious, charitable, educational, or certain other organizations exempt from income tax.
- 404.1026 · Work for a church or qualified church-controlled organization.
- 404.1027 · Railroad work.
- 404.1028 · Student working for a school, college, or university.
- 404.1029 · Student nurses.
- 404.1030 · Delivery and distribution or sale of newspapers, shopping news, and magazines.
- 404.1031 · Fishing.
- 404.1032 · Work for a foreign government.
- 404.1033 · Work for a wholly owned instrumentality of a foreign government.
- 404.1034 · Work for an international organization.
- 404.1035 · Work for a communist organization.
- 404.1036 · Certain nonresident aliens.
- 404.1037 · Work on or in connection with a non-American vessel or aircraft.
- 404.1038 · Domestic employees under age 18.
- 404.1039 · Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance.
- 404.1041 · Wages.
- 404.1042 · Wages when paid and received.
- 404.1043 · Facilities or privileges—meals and lodging.
- 404.1044 · Vacation pay.
- 404.1045 · Employee expenses.
- 404.1046 · Pay for work by certain members of religious orders.
- 404.1047 · Annual wage limitation.
- 404.1048 · Contribution and benefit base after 1992.
- 404.1049 · Payments under an employer plan or system.
- 404.1050 · Retirement payments.
- 404.1051 · Payments on account of sickness or accident disability, or related medical or hospitalization expenses.
- 404.1052 · Payments from or to certain tax-exempt trusts or payments under or into certain annuity plans.
- 404.1053 · “Qualified benefits” under a cafeteria plan.
- 404.1054 · Payments by an employer of employee's tax or employee's contribution under State law.
- 404.1055 · Payments for agricultural labor.
- 404.1056 · Explanation of agricultural labor.
- 404.1057 · Domestic service in the employer's home.
- 404.1058 · Special situations.
- 404.1059 · Deemed wages for certain individuals interned during World War II.
- 404.1060 · [Reserved]
- 404.1065 · Self-employment coverage.
- 404.1066 · Trade or business in general.
- 404.1068 · Employees who are considered self-employed.
- 404.1069 · Real estate agents and direct sellers.
- 404.1070 · Christian Science practitioners.
- 404.1071 · Ministers and members of religious orders.
- 404.1073 · Public office.
- 404.1074 · Farm crew leader who is self-employed.
- 404.1075 · Members of certain religious groups opposed to insurance.
- 404.1077 · Individuals under railroad retirement system.
- 404.1080 · Net earnings from self-employment.
- 404.1081 · General rules for figuring net earnings from self-employment.
- 404.1082 · Rentals from real estate; material participation.
- 404.1083 · Dividends and interest.
- 404.1084 · Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion.
- 404.1085 · Net operating loss deduction.
- 404.1086 · Community income.
- 404.1087 · Figuring partner's net earnings from self-employment for taxable year which ends as a result of death.
- 404.1088 · Retirement payment to retired partners.
- 404.1089 · Figuring net earnings for residents and nonresidents of Puerto Rico.
- 404.1090 · Personal exemption deduction.
- 404.1091 · Figuring net earnings for ministers and members of religious orders.
- 404.1092 · Figuring net earnings for U.S. citizens or residents living outside the United States.
- 404.1093 · Possession of the United States.
- 404.1094 · Options available for figuring net earnings from self-employment.
- 404.1095 · Agricultural trade or business.
- 404.1096 · Self-employment income.
- 404.110 · How we determine fully insured status.
- 404.111 · When we consider a person fully insured based on World War II active military or naval service.
- 404.112 · When we consider certain employees of private nonprofit organizations to be fully insured.
- 404.115 · Table for determining the quarters of coverage you need to be fully insured.
- 404.120 · How we determine currently insured status.
- 404.1200 · General.
- 404.1201 · Scope of this subpart regarding coverage and wage reports and adjustments.
- 404.1202 · Definitions.
- 404.1203 · Evidence—for wages paid prior to 1987.
- 404.1204 · Designating officials to act on behalf of the State.
- 404.1205 · Absolute coverage groups.
- 404.1206 · Retirement system coverage groups.
- 404.1207 · Divided retirement system coverage groups.
- 404.1208 · Ineligible employees.
- 404.1209 · Mandatorily excluded services.
- 404.1210 · Optionally excluded services.
- 404.1211 · Interstate instrumentalities.
- 404.1212 · Police officers and firefighters.
- 404.1214 · Agreement for coverage.
- 404.1215 · Modification of agreement.
- 404.1216 · Modification of agreement to correct an error.
- 404.1217 · Continuation of coverage.
- 404.1218 · Resumption of coverage.
- 404.1219 · Dissolution of political subdivision.
- 404.1220 · Identification numbers.
- 404.1225 · Records—for wages paid prior to 1987.
- 404.1230 · Onsite review program.
- 404.1231 · Scope of review.
- 404.1232 · Conduct of review.
- 404.1234 · Reports of review's findings.
- 404.1237 · Wage reports and contribution returns—general—for wages paid prior to 1987.
- 404.1239 · Wage reports for employees performing services in more than one coverage group—for wages paid prior to 1987.
- 404.1242 · Back pay.
- 404.1243 · Use of reporting forms—for wages paid prior to 1987.
- 404.1247 · When to report wages—for wages paid prior to 1987.
- 404.1249 · When and where to make deposits of contributions and to file contribution returns and wage reports—for wages paid prior to 1987.
- 404.1251 · Final reports—for wages paid prior to 1987.
- 404.1255 · State's liability for contributions—for wages paid prior to 1987.
- 404.1256 · Limitation on State's liability for contributions for multiple employment situations—for wages paid prior to 1987.
- 404.1260 · Amount of contributions—for wages paid prior to 1987.
- 404.1262 · Manner of payment of contributions by State—for wages paid prior to 1987.
- 404.1263 · When fractional part of a cent may be disregarded—for wages paid prior to 1987.
- 404.1265 · Addition of interest to contributions—for wages paid prior to 1987.
- 404.1267 · Failure to make timely payments—for wages paid prior to 1987.
- 404.1270 · Adjustments in general—for wages paid prior to 1987.
- 404.1271 · Adjustment of overpayment of contributions—for wages paid prior to 1987.
- 404.1272 · Refund or recomputation of overpayments which are not adjustable—for wages paid prior to 1987.
- 404.1275 · Adjustment of employee contributions—for wages paid prior to 1987.
- 404.1276 · Reports and payments erroneously made to Internal Revenue Service-transfer of funds—for wages paid prior to 1987.
- 404.1280 · Allowance of credits or refunds—for wages paid prior to 1987.
- 404.1281 · Credits or refunds for periods of time during which no liability exists—for wages paid prior to 1987.
- 404.1282 · Time limitations on credits or refunds—for wages paid prior to 1987.
- 404.1283 · Exceptions to the time limitations on credits or refunds—for wages paid prior to 1987.
- 404.1284 · Offsetting underpayments against overpayments—for wages paid prior to 1987.
- 404.1285 · Assessments of amounts due—for wages paid prior to 1987.
- 404.1286 · Time limitations on assessments—for wages paid prior to 1987.
- 404.1287 · Exceptions to the time limitations on assessments—for wages paid prior to 1987.
- 404.1289 · Payment after expiration of time limitation for assessment—for wages paid prior to 1987.
- 404.1290 · Review of decisions by the Secretary—for wages paid prior to 1987.
- 404.1291 · Reconsideration—for wages paid prior to 1987.
- 404.1292 · How to request review—for wages paid prior to 1987.
- 404.1293 · Time for filing request for review—for wages paid prior to 1987.
- 404.1294 · Notification to State after reconsideration—for wages paid prior to 1987.
- 404.1295 · Commissioner's review—for wages paid prior to 1987.
- 404.1296 · Commissioner's notification to the State—for wages paid prior to 1987.
- 404.1297 · Review by court—for wages paid prior to 1987.
- 404.1298 · Time for filing civil action—for wages paid prior to 1987.
- 404.1299 · Final judgments—for wages paid prior to 1987.
- 404.130 · How we determine disability insured status.
- 404.1301 · Introduction.
- 404.1302 · Definitions.
- 404.131 · When you must have disability insured status.
- 404.1310 · Who is a World War II veteran.
- 404.1311 · Ninety-day active service requirement for World War II veterans.
- 404.1312 · World War II service included.
- 404.1313 · World War II service excluded.
- 404.132 · How we determine fully insured status for a period of disability or disability insurance benefits.
- 404.1320 · Who is a post-World War II veteran.
- 404.1321 · Ninety-day active service requirement for post-World War II veterans.
- 404.1322 · Post-World War II service included.
- 404.1323 · Post-World War II service excluded.
- 404.1325 · Separation from active service under conditions other than dishonorable.
- 404.133 · When we give you quarters of coverage based on military service to establish a period of disability.
- 404.1330 · Who is a member of a uniformed service.
- 404.1340 · Wage credits for World War II and post-World War II veterans.
- 404.1341 · Wage credits for a member of a uniformed service.
- 404.1342 · Limits on granting World War II and post-World War II wage credits.
- 404.1343 · When the limits on granting World War II and post-World War II wage credits do not apply.
- 404.1350 · Deemed insured status.
- 404.1351 · When deemed insured status does not apply.
- 404.1352 · Benefits and payments based on deemed insured status.
- 404.1360 · Veterans Administration pension or compensation payable.
- 404.1361 · Federal benefit payable other than by Veterans Administration.
- 404.1362 · Treatment of social security benefits or payments where Veterans Administration pension or compensation payable.
- 404.1363 · Treatment of social security benefits or payments where Federal benefit payable other than by Veterans Administration.
- 404.1370 · Evidence of active service and separation from active service.
- 404.1371 · Evidence of membership in a uniformed service during the years 1957 through 1967.
- 404.140 · What is a quarter of coverage.
- 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?
- 404.141 · 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.
- 404.2 · General definitions and use of terms.
- 404.201 · What is included in this subpart?
- 404.202 · Other regulations related to this subpart.
- 404.203 · Definitions.
- 404.204 · Methods of computing primary insurance amounts—general.
- 404.210 · Average-indexed-monthly-earnings method.
- 404.211 · Computing your average indexed monthly earnings.
- 404.212 · Computing your primary insurance amount from your average indexed monthly earnings.
- 404.213 · Computation where you are eligible for a pension based on your noncovered employment.
- 404.220 · Average-monthly-wage method.
- 404.221 · Computing your average monthly wage.
- 404.222 · Use of benefit table in finding your primary insurance amount from your average monthly wage.
- 404.230 · Guaranteed alternative.
- 404.231 · Steps in computing your primary insurance amount under the guaranteed alternative—general.
- 404.232 · Computing your average monthly wage under the guaranteed alternative.
- 404.233 · Adjustment of your guaranteed alternative when you become entitled after age 62.
- 404.240 · Old-start method—general.
- 404.241 · 1977 simplified old-start method.
- 404.242 · Use of old-start primary insurance amount as guaranteed alternative.
- 404.243 · Computation where you are eligible for a pension based on noncovered employment.
- 404.250 · Special computation rules for people who had a period of disability.
- 404.251 · Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended.
- 404.252 · Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended.
- 404.260 · Special minimum primary insurance amounts.
- 404.261 · Computing your special minimum primary insurance amount.
- 404.270 · Cost-of-living increases.
- 404.271 · When automatic cost-of-living increases apply.
- 404.272 · Indexes we use to measure the rise in the cost-of-living.
- 404.273 · When are automatic cost-of-living increases effective?
- 404.274 · What are the measuring periods we use to calculate cost-of-living increases?
- 404.275 · How is an automatic cost-of-living increase calculated?
- 404.276 · Publication of notice of increase.
- 404.277 · When does the frozen minimum primary insurance amount increase because of cost-of-living adjustments?
- 404.278 · Additional cost-of-living increase.
- 404.280 · Recomputations.
- 404.281 · Why your primary insurance amount may be recomputed.
- 404.282 · Effective date of recomputations.
- 404.283 · Recomputation under method other than that used to find your primary insurance amount.
- 404.284 · Recomputations for people who reach age 62, or become disabled, or die before age 62 after 1978.
- 404.285 · Recomputations performed automatically.
- 404.286 · How to request an immediate recomputation.
- 404.287 · Waiver of recomputation.
- 404.288 · Recomputing when you are entitled to a monthly pension based on noncovered employment.
- 404.290 · Recalculations.
- 404.3 · General provisions.
- 404.301 · Introduction.
- 404.302 · Other regulations related to this subpart.
- 404.303 · Definitions.
- 404.304 · What are the general rules on benefit amounts?
- 404.305 · When you may not be entitled to benefits.
- 404.310 · When am I entitled to old-age benefits?
- 404.311 · When does my entitlement to old-age benefits begin and end?
- 404.312 · How is my old-age benefit amount calculated?
- 404.313 · What are delayed retirement credits and how do they increase my old-age benefit amount?
- 404.315 · Who is entitled to disability benefits?
- 404.316 · When entitlement to disability benefits begins and ends.
- 404.317 · How is the amount of my disability benefit calculated?
- 404.320 · Who is entitled to a period of disability.
- 404.321 · When a period of disability begins and ends.
- 404.322 · When you may apply for a period of disability after a delay due to a physical or mental condition.
- 404.325 · The termination month.
- 404.327 · When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
- 404.328 · When your completion of the program, or your continuation in the program for a specified period of time, will increase the likelihood that you will not have to return to the disability benefit rolls.
- 404.330 · Who is entitled to wife's or husband's benefits.
- 404.331 · Who is entitled to wife's or husband's benefits as a divorced spouse.
- 404.332 · When wife's and husband's benefits begin and end.
- 404.333 · Wife's and husband's benefit amounts.
- 404.335 · How do I become entitled to widow's or widower's benefits?
- 404.336 · How do I become entitled to widow's or widower's benefits as a surviving divorced spouse?
- 404.337 · When does my entitlement to widow's and widower's benefits start and end?
- 404.338 · Widow's and widower's benefits amounts.
- 404.339 · How do I become entitled to mother's or father's benefits as a surviving spouse?
- 404.340 · How do I become entitled to mother's or father's benefits as a surviving divorced spouse?
- 404.341 · When mother's and father's benefits begin and end.
- 404.342 · Mother's and father's benefit amounts.
- 404.344 · Your relationship by marriage to the insured.
- 404.345 · Your relationship as wife, husband, widow, or widower under State law.
- 404.346 · Your relationship as wife, husband, widow, or widower based upon a deemed valid marriage.
- 404.347 · “Living in the same household” defined.
- 404.348 · When is a child living with me in my care?
- 404.349 · When is a child living apart from me in my care?
- 404.350 · Who is entitled to child's benefits?
- 404.351 · Who may be reentitled to child's benefits?
- 404.352 · When does my entitlement to child's benefits begin and end?
- 404.353 · Child's benefit amounts.
- 404.354 · Your relationship to the insured.
- 404.355 · Who is the insured's natural child?
- 404.356 · Who is the insured's legally adopted child?
- 404.357 · Who is the insured's stepchild?
- 404.358 · Who is the insured's grandchild or stepgrandchild?
- 404.359 · Who is the insured's equitably adopted child?
- 404.360 · When a child is dependent upon the insured person.
- 404.361 · When a natural child is dependent.
- 404.362 · When a legally adopted child is dependent.
- 404.363 · When is a stepchild dependent?
- 404.364 · When is a grandchild or stepgrandchild dependent?
- 404.365 · When an equitably adopted child is dependent.
- 404.366 · “Contributions for support,” “one-half support,” and “living with” the insured defined—determining first month of entitlement.
- 404.367 · When you are a “full-time elementary or secondary school student”.
- 404.368 · When you are considered a full-time student during a period of nonattendance.
- 404.370 · Who is entitled to parent's benefits?
- 404.371 · When parent's benefits begin and end.
- 404.373 · Parent's benefit amounts.
- 404.374 · Parent's relationship to the insured.
- 404.380-404.384 · -404.384 [Reserved]
- 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?
- 404.401 · Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments.
- 404.401a · When we do not pay benefits because of a disability beneficiary's work activity.
- 404.402 · Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.
- 404.403 · Reduction where total monthly benefits exceed maximum family benefits payable.
- 404.404 · How reduction for maximum affects insured individual and other persons entitled on his earnings record.
- 404.405 · Situations where total benefits can exceed maximum because of “savings clause.”
- 404.406 · Reduction for maximum because of retroactive effect of application for monthly benefits.
- 404.407 · Reduction because of entitlement to other benefits.
- 404.408 · Reduction of benefits based on disability on account of receipt of certain other disability benefits provided under Federal, State, or local laws or plans.
- 404.408a · Reduction where spouse is receiving a Government pension.
- 404.408b · Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period.
- 404.409 · What is full retirement age?
- 404.410 · How does SSA reduce my benefits when my entitlement begins before full retirement age?
- 404.411 · How are benefits reduced for age when a person is entitled to two or more benefits?
- 404.412 · After my benefits are reduced for age when and how will adjustments to that reduction be made?
- 404.413 · After my benefits are reduced for age what happens if there is an increase in my primary insurance amount?
- 404.415 · Deductions because of excess earnings.
- 404.417 · Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test.
- 404.418 · “Noncovered remunerative activity outside the United States,” defined.
- 404.420 · Persons deemed entitled to benefits based on an individual's earnings record.
- 404.421 · How are deductions made when a beneficiary fails to have a child in his or her care?
- 404.423 · Manner of making deductions.
- 404.424 · Total amount of deductions where more than one deduction event occurs in a month.
- 404.425 · Total amount of deductions where deduction events occur in more than 1 month.
- 404.428 · Earnings in a taxable year.
- 404.429 · Earnings; defined.
- 404.430 · Monthly and annual exempt amounts defined; excess earnings defined.
- 404.434 · Excess earnings; method of charging.
- 404.435 · Excess earnings; months to which excess earnings can or cannot be charged; grace year defined.
- 404.436 · Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
- 404.437 · Excess earnings; benefit rate subject to deductions because of excess earnings.
- 404.439 · Partial monthly benefits; excess earnings of the individual charged against his benefits and the benefits of persons entitled (or deemed entitled) to benefits on his earnings record.
- 404.440 · Partial monthly benefits; pro-rated share of partial payment exceeds the benefit before deduction for excess earnings.
- 404.441 · Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings.
- 404.446 · Definition of “substantial services” and “services.”
- 404.447 · Evaluation of factors involved in substantial services test.
- 404.450 · Required reports of work outside the United States or failure to have care of a child.
- 404.451 · Penalty deductions for failure to report within prescribed time limit noncovered remunerative activity outside the United States or not having care of a child.
- 404.452 · Reports to Social Security Administration of earnings; wages; net earnings from self-employment.
- 404.453 · Penalty deductions for failure to report earnings timely.
- 404.454 · Good cause for failure to make required reports.
- 404.455 · Request by Social Security Administration for reports of earnings and estimated earnings; effect of failure to comply with request.
- 404.456 · Current suspension of benefits because an individual works or engages in self-employment.
- 404.457 · Deductions where taxes neither deducted from wages of certain maritime employees nor paid.
- 404.458 · Limiting deductions where total family benefits payable would not be affected or would be only partly affected.
- 404.459 · Penalty for making false or misleading statements or withholding information.
- 404.460 · Nonpayment of monthly benefits to aliens outside the United States.
- 404.461 · Nonpayment of lump sum after death of alien outside United States for more than 6 months.
- 404.462 · Nonpayment of hospital and medical insurance benefits of alien outside United States for more than 6 months.
- 404.463 · Nonpayment of benefits of aliens outside the United States; “foreign social insurance system,” and “treaty obligation” exceptions defined.
- 404.464 · How does deportation or removal from the United States affect the receipt of benefits?
- 404.465 · Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits.
- 404.466 · Conviction for subversive activities; effect on enrollment for supplementary medical insurance benefits.
- 404.467 · Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory blindness is engaging in substantial gainful activity.
- 404.468 · Nonpayment of benefits to prisoners.
- 404.469 · Nonpayment of benefits where individual has not furnished or applied for a Social Security number.
- 404.471 · Nonpayment of disability benefits for trial work period service months upon a conviction of fraudulently concealing work activity.
- 404.501 · General applicability of section 204 of the Act.
- 404.502 · Overpayments.
- 404.502a · Notice of right to waiver consideration.
- 404.503 · Underpayments.
- 404.504 · Relation to provisions for reductions and increases.
- 404.505 · Relationship to provisions requiring deductions.
- 404.506 · When waiver may be applied and how to process the request.
- 404.507 · Fault.
- 404.508 · Defeat the purpose of Title II.
- 404.509 · Against equity and good conscience; defined.
- 404.510 · When an individual is “without fault” in a deduction overpayment.
- 404.510a · When an individual is “without fault” in an entitlement overpayment.
- 404.511 · When an individual is at “fault” in a deduction overpayment.
- 404.512 · When adjustment or recovery of an overpayment will be waived.
- 404.513 · Liability of a certifying officer.
- 404.515 · Collection and compromise of claims for overpayment.
- 404.520 · Referral of overpayments to the Department of the Treasury for tax refund offset—General.
- 404.521 · Notice to overpaid persons.
- 404.522 · Review within SSA that an overpayment is past due and legally enforceable.
- 404.523 · Findings by SSA.
- 404.524 · Review of our records related to the overpayment.
- 404.525 · Suspension of offset.
- 404.526 · Tax refund insufficient to cover amount of overpayment.
- 404.527 · Additional methods for recovery of title II benefit overpayments.
- 404.530 · Are title VIII and title XVI benefits subject to adjustment to recover title II overpayments?
- 404.535 · How much will we withhold from your title VIII and title XVI benefits to recover a title II overpayment?
- 404.540 · Will you receive notice of our intention to apply cross-program recovery?
- 404.545 · When will we begin cross-program recovery from current monthly benefits?
- 404.601 · Introduction.
- 404.602 · Definitions.
- 404.603 · You must file an application to receive benefits.
- 404.610 · What makes an application a claim for benefits?
- 404.611 · How do I file an application for Social Security benefits?
- 404.612 · Who may sign an application.
- 404.613 · Evidence of authority to sign an application for another.
- 404.614 · When an application or other form is considered filed.
- 404.615 · Claimant must be alive when an application is filed.
- 404.617 · Pilot program for photographic identification of disability benefit applicants in designated geographic areas.
- 404.620 · Filing before the first month you meet the requirements for benefits.
- 404.621 · What happens if I file after the first month I meet the requirements for benefits?
- 404.622 · Limiting an application.
- 404.623 · Am I required to file for all benefits if I am eligible for old-age and husband's or wife's benefits?
- 404.630 · Use of date of written statement as filing date.
- 404.631 · Statements filed with the Railroad Retirement Board.
- 404.632 · Statements filed with a hospital.
- 404.633 · Deemed filing date in a case of misinformation.
- 404.640 · Withdrawal of an application.
- 404.641 · Cancellation of a request to withdraw.
- 404.701 · Introduction.
- 404.702 · Definitions.
- 404.703 · When evidence is needed.
- 404.704 · Your responsibility for giving evidence.
- 404.705 · Failure to give requested evidence.
- 404.706 · Where to give evidence.
- 404.707 · Original records or copies as evidence.
- 404.708 · How we decide what is enough evidence.
- 404.709 · Preferred evidence and other evidence.
- 404.715 · When evidence of age is needed.
- 404.716 · Type of evidence of age to be given.
- 404.720 · Evidence of a person's death.
- 404.721 · Evidence to presume a person is dead.
- 404.722 · Rebuttal of a presumption of death.
- 404.723 · When evidence of marriage is required.
- 404.725 · Evidence of a valid ceremonial marriage.
- 404.726 · Evidence of common-law marriage.
- 404.727 · Evidence of a deemed valid marriage.
- 404.728 · Evidence a marriage has ended.
- 404.730 · When evidence of a parent or child relationship is needed.
- 404.731 · Evidence you are a natural parent or child.
- 404.732 · Evidence you are a stepparent or stepchild.
- 404.733 · Evidence you are the legally adopting parent or legally adopted child.
- 404.734 · Evidence you are an equitably adopted child.
- 404.735 · Evidence you are the grandchild or stepgrandchild.
- 404.736 · Evidence of a child's dependency.
- 404.745 · Evidence of school attendance for child age 18 or older.
- 404.750 · Evidence of a parent's support.
- 404.760 · Evidence of living in the same household with insured person.
- 404.762 · What is acceptable evidence of having a child in my care?
- 404.770 · Evidence of where the insured person had a permanent home.
- 404.780 · Evidence of “good cause” for exceeding time limits on accepting proof of support or application for a lump-sum death payment.
- 404.801 · Introduction.
- 404.802 · Definitions.
- 404.803 · Conclusiveness of the record of your earnings.
- 404.810 · How to obtain a statement of earnings and a benefit estimate statement.
- 404.811 · The statement of earnings and benefit estimates you requested.
- 404.812 · Statement of earnings and benefit estimates sent without request.
- 404.820 · Filing a request for correction of the record of your earnings.
- 404.821 · Correction of the record of your earnings before the time limit ends.
- 404.822 · Correction of the record of your earnings after the time limit ends.
- 404.823 · Correction of the record of your earnings for work in the employ of the United States.
- 404.830 · Notice of removal or reduction of your wages.
- 404.831 · Notice of removal or reduction of your self-employment income.
- 404.900 · Introduction.
- 404.901 · Definitions.
- 404.902 · Administrative actions that are initial determinations.
- 404.903 · Administrative actions that are not initial determinations.
- 404.904 · Notice of the initial determination.
- 404.905 · Effect of an initial determination.
- 404.906 · Testing modifications to the disability determination procedures.
- 404.907 · Reconsideration—general.
- 404.908 · Parties to a reconsideration.
- 404.909 · How to request reconsideration.
- 404.911 · Good cause for missing the deadline to request review.
- 404.913 · Reconsideration procedures.
- 404.914 · Disability hearing—general.
- 404.915 · Disability hearing—disability hearing officers.
- 404.916 · Disability hearing—procedures.
- 404.917 · Disability hearing—disability hearing officer's reconsidered determination.
- 404.918 · Disability hearing—review of the disability hearing officer's reconsidered determination before it is issued.
- 404.919 · Notice of another person's request for reconsideration.
- 404.920 · Reconsidered determination.
- 404.921 · Effect of a reconsidered determination.
- 404.922 · Notice of a reconsidered determination.
- 404.923 · Expedited appeals process—general.
- 404.924 · When the expedited appeals process may be used.
- 404.925 · How to request expedited appeals process.
- 404.926 · Agreement in expedited appeals process.
- 404.927 · Effect of expedited appeals process agreement.
- 404.928 · Expedited appeals process request that does not result in agreement.
- 404.929 · Hearing before an administrative law judge—general.
- 404.930 · Availability of a hearing before an administrative law judge.
- 404.932 · Parties to a hearing before an administrative law judge.
- 404.933 · How to request a hearing before an administrative law judge.
- 404.935 · Submitting written evidence to an administrative law judge.
- 404.936 · Time, place, and manner of appearance for a hearing before an administrative law judge.
- 404.937 · Protecting the safety of the public and our employees in our hearing process.
- 404.938 · Notice of a hearing before an administrative law judge.
- 404.939 · Objections to the issues.
- 404.940 · Disqualification of the administrative law judge.
- 404.941 · Prehearing case review.
- 404.942 · Prehearing proceedings and decisions by attorney advisors.
- 404.943 · Responsibilities of the adjudication officer.
- 404.944 · Administrative law judge hearing procedures—general.
- 404.946 · Issues before an administrative law judge.
- 404.948 · Deciding a case without an oral hearing before an administrative law judge.
- 404.949 · Presenting written statements and oral arguments.
- 404.950 · Presenting evidence at a hearing before an administrative law judge.
- 404.951 · Official record.
- 404.952 · Consolidated hearing before an administrative law judge.
- 404.953 · The decision of an administrative law judge.
- 404.955 · The effect of a hearing decision.
- 404.956 · Removal of a hearing request(s) to the Appeals Council.
- 404.957 · Dismissal of a request for a hearing before an administrative law judge.
- 404.958 · Notice of dismissal of a request for a hearing before an administrative law judge.
- 404.959 · Effect of dismissal of a request for a hearing before an administrative law judge.
- 404.960 · Vacating a dismissal of a request for a hearing before an administrative law judge.
- 404.961 · Prehearing and posthearing conferences.
- 404.965 · [Reserved]
- 404.966 · [Reserved]
- 404.967 · Appeals Council review—general.
- 404.968 · How to request Appeals Council review.
- 404.969 · Appeals Council initiates review.
- 404.970 · Cases the Appeals Council will review.
- 404.971 · Dismissal by Appeals Council.
- 404.972 · Effect of dismissal of request for Appeals Council review.
- 404.973 · Notice of Appeals Council review.
- 404.974 · Obtaining evidence from Appeals Council.
- 404.975 · Filing briefs with the Appeals Council.
- 404.976 · Procedures before the Appeals Council.
- 404.977 · Case remanded by Appeals Council.
- 404.979 · Decision of Appeals Council.
- 404.981 · Effect of Appeals Council's decision or denial of review.
- 404.982 · Extension of time to file action in Federal district court.
- 404.983 · Case remanded by a Federal court.
- 404.984 · Appeals Council review of hearing decision in a case remanded by a Federal court.
- 404.985 · Application of circuit court law.
- 404.987 · Reopening and revising determinations and decisions.
- 404.988 · Conditions for reopening.
- 404.989 · Good cause for reopening.
- 404.990 · Finality of determinations and decisions on revision of an earnings record.
- 404.991 · Finality of determinations and decisions to suspend benefit payments for entire taxable year because of earnings.
- 404.991a · Late completion of timely investigation.
- 404.992 · Notice of revised determination or decision.
- 404.993 · Effect of revised determination or decision.
- 404.994 · Time and place to request a hearing on revised determination or decision.
- 404.995 · Finality of findings when later claim is filed on same earnings record.
- 404.996 · Increase in future benefits where time period for reopening expires.
- 404.999a · Payment of certain travel expenses—general.
- 404.999b · Who may be reimbursed.
- 404.999c · What travel expenses are reimbursable.
- 404.999d · When and how to claim reimbursement.
United States Government work; public domain under 17 U.S.C. § 105.