20 C.F.R. § 404.1528

§ 404.1528

Edition 2025

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[Reserved]

Official source

§ 404.1Introduction.
§ 404.2General definitions and use of terms.
§ 404.3General provisions.
§ 404.101Introduction.
§ 404.102Definitions.
§ 404.110How we determine fully insured status.
§ 404.111When we consider a person fully insured based on World War II active military or naval service.
§ 404.112When we consider certain employees of private nonprofit organizations to be fully insured.
§ 404.115Table for determining the quarters of coverage you need to be fully insured.
§ 404.120How we determine currently insured status.
§ 404.130How we determine disability insured status.
§ 404.131When you must have disability insured status.
§ 404.132How we determine fully insured status for a period of disability or disability insurance benefits.
§ 404.133When we give you quarters of coverage based on military service to establish a period of disability.
§ 404.140What is a quarter of coverage.
§ 404.141How we credit quarters of coverage for calendar years before 1978.
§ 404.142How we credit self-employment income to calendar quarters for taxable years beginning before 1978.
§ 404.143How we credit quarters of coverage for calendar years after 1977.
§ 404.144How we credit self-employment income to calendar years for taxable years beginning after 1977.
§ 404.145When you acquire a quarter of coverage.
§ 404.146When a calendar quarter cannot be a quarter of coverage.
§ 404.201What is included in this subpart?
§ 404.202Other regulations related to this subpart.
§ 404.203Definitions.
§ 404.204Methods of computing primary insurance amounts-general.
§ 404.210Average-indexed-monthly-earnings method.
§ 404.211Computing your average indexed monthly earnings.
§ 404.212Computing your primary insurance amount from your average indexed monthly earnings.
§ 404.213Computation where you are eligible for a pension based on your noncovered employment.
§ 404.220Average-monthly-wage method.
§ 404.221Computing your average monthly wage.
§ 404.222Use of benefit table in finding your primary insurance amount from your average monthly wage.
§ 404.230Guaranteed alternative.
§ 404.231Steps in computing your primary insurance amount under the guaranteed alternative-general.
§ 404.232Computing your average monthly wage under the guaranteed alternative.
§ 404.233Adjustment of your guaranteed alternative when you become entitled after age 62.
§ 404.240Old-start method-general.
§ 404.2411977 simplified old-start method.
§ 404.242Use of old-start primary insurance amount as guaranteed alternative.
§ 404.243Computation where you are eligible for a pension based on noncovered employment.
§ 404.250Special computation rules for people who had a period of disability.
§ 404.251Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended.
§ 404.252Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended.
§ 404.260Special minimum primary insurance amounts.
§ 404.261Computing your special minimum primary insurance amount.
§ 404.270Cost-of-living increases.
§ 404.271When automatic cost-of-living increases apply.
§ 404.272Indexes we use to measure the rise in the cost-of-living.
§ 404.273When are automatic cost-of-living increases effective?
§ 404.274What are the measuring periods we use to calculate cost-of-living increases?
§ 404.275How is an automatic cost-of-living increase calculated?
§ 404.276Publication of notice of increase.
§ 404.277When does the frozen minimum primary insurance amount increase because of cost-of-living adjustments?
§ 404.278Additional cost-of-living increase.
§ 404.280Recomputations.
§ 404.281Why your primary insurance amount may be recomputed.
§ 404.282Effective date of recomputations.
§ 404.283Recomputation under method other than that used to find your primary insurance amount.
§ 404.284Recomputations for people who reach age 62, or become disabled, or die before age 62 after 1978.
§ 404.285Recomputations performed automatically.
§ 404.286How to request an immediate recomputation.
§ 404.287Waiver of recomputation.
§ 404.288Recomputing when you are entitled to a monthly pension based on noncovered employment.
§ 404.290Recalculations.
§ 404.301Introduction.
§ 404.302Other regulations related to this subpart.
§ 404.303Definitions.
§ 404.304What are the general rules on benefit amounts?
§ 404.305When you may not be entitled to benefits.
§ 404.310When am I entitled to old-age benefits?
§ 404.311When does my entitlement to old-age benefits begin and end?
§ 404.312How is my old-age benefit amount calculated?
§ 404.313What are delayed retirement credits and how do they increase my old-age benefit amount?
§ 404.315Who is entitled to disability benefits?
§ 404.316When entitlement to disability benefits begins and ends.
§ 404.317How is the amount of my disability benefit calculated?
§ 404.320Who is entitled to a period of disability.
§ 404.321When a period of disability begins and ends.
§ 404.322When you may apply for a period of disability after a delay due to a physical or mental condition.
§ 404.325The termination month.
§ 404.327When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
§ 404.328When 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.
§ 404.330Who is entitled to wife's or husband's benefits.
§ 404.331Who is entitled to wife's or husband's benefits as a divorced spouse.
§ 404.332When wife's and husband's benefits begin and end.
§ 404.333Wife's and husband's benefit amounts.
§ 404.335How do I become entitled to widow's or widower's benefits?
§ 404.336How do I become entitled to widow's or widower's benefits as a surviving divorced spouse?
§ 404.337When does my entitlement to widow's and widower's benefits start and end?
§ 404.338Widow's and widower's benefits amounts.
§ 404.339How do I become entitled to mother's or father's benefits as a surviving spouse?
§ 404.340How do I become entitled to mother's or father's benefits as a surviving divorced spouse?
§ 404.341When mother's and father's benefits begin and end.
§ 404.342Mother's and father's benefit amounts.
§ 404.344Your relationship by marriage to the insured.
§ 404.345Your relationship as wife, husband, widow, or widower under State law.
§ 404.346Your relationship as wife, husband, widow, or widower based upon a deemed valid marriage.
§ 404.347“Living in the same household” defined.
§ 404.348When is a child living with me in my care?
§ 404.349When is a child living apart from me in my care?
§ 404.350Who is entitled to child's benefits?
§ 404.351Who may be reentitled to child's benefits?
§ 404.352When does my entitlement to child's benefits begin and end?
§ 404.353Child's benefit amounts.
§ 404.354Your relationship to the insured.
§ 404.355Who is the insured's natural child?
§ 404.356Who is the insured's legally adopted child?
§ 404.357Who is the insured's stepchild?
§ 404.358Who is the insured's grandchild or stepgrandchild?
§ 404.359Who is the insured's equitably adopted child?
§ 404.360When a child is dependent upon the insured person.
§ 404.361When a natural child is dependent.
§ 404.362When a legally adopted child is dependent.
§ 404.363When is a stepchild dependent?
§ 404.364When is a grandchild or stepgrandchild dependent?
§ 404.365When 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.
§ 404.367When you are a “full-time elementary or secondary school student”.
§ 404.368When you are considered a full-time student during a period of nonattendance.
§ 404.370Who is entitled to parent's benefits?
§ 404.371When parent's benefits begin and end.
§ 404.373Parent's benefit amounts.
§ 404.374Parent's relationship to the insured.
§ 404.380-404-384[Reserved]
§ 404.390General.
§ 404.391Who is entitled to the lump-sum death payment as a widow or widower who was living in the same household?
§ 404.392Who is entitled to the lump-sum death payment when there is no widow(er) who was living in the same household?
§ 404.401Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments.
§ 404.401aWhen we do not pay benefits because of a disability beneficiary's work activity.
§ 404.402Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.
§ 404.403Reduction where total monthly benefits exceed maximum family benefits payable.
§ 404.404How reduction for maximum affects insured individual and other persons entitled on his earnings record.
§ 404.405Situations where total benefits can exceed maximum because of “savings clause.”
§ 404.406Reduction for maximum because of retroactive effect of application for monthly benefits.
§ 404.407Reduction because of entitlement to other benefits.
§ 404.408Reduction of benefits based on disability on account of receipt of certain other disability benefits provided under Federal, State, or local laws or plans.
§ 404.408aReduction where spouse is receiving a Government pension.
§ 404.408bReduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period.
§ 404.409What is full retirement age?
§ 404.410How does SSA reduce my benefits when my entitlement begins before full retirement age?
§ 404.411How are benefits reduced for age when a person is entitled to two or more benefits?
§ 404.412After my benefits are reduced for age when and how will adjustments to that reduction be made?
§ 404.413After my benefits are reduced for age what happens if there is an increase in my primary insurance amount?
§ 404.415Deductions because of excess earnings.
§ 404.417Deductions 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.
§ 404.420Persons deemed entitled to benefits based on an individual's earnings record.
§ 404.421How are deductions made when a beneficiary fails to have a child in his or her care?
§ 404.423Manner of making deductions.
§ 404.424Total amount of deductions where more than one deduction event occurs in a month.
§ 404.425Total amount of deductions where deduction events occur in more than 1 month.
§ 404.428Earnings in a taxable year.
§ 404.429Earnings; defined.
§ 404.430Monthly and annual exempt amounts defined; excess earnings defined.
§ 404.434Excess earnings; method of charging.
§ 404.435Excess earnings; months to which excess earnings can or cannot be charged; grace year defined.
§ 404.436Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
§ 404.437Excess earnings; benefit rate subject to deductions because of excess earnings.
§ 404.439Partial 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.
§ 404.440Partial monthly benefits; pro-rated share of partial payment exceeds the benefit before deduction for excess earnings.
§ 404.441Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings.
§ 404.446Definition of “substantial services” and “services.”
§ 404.447Evaluation of factors involved in substantial services test.
§ 404.450Required reports of work outside the United States or failure to have care of a child.
§ 404.451Penalty deductions for failure to report within prescribed time limit noncovered remunerative activity outside the United States or not having care of a child.
§ 404.452Reports to Social Security Administration of earnings; wages; net earnings from self-employment.
§ 404.453Penalty deductions for failure to report earnings timely.
§ 404.454Good cause for failure to make required reports.
§ 404.455Request by Social Security Administration for reports of earnings and estimated earnings; effect of failure to comply with request.
§ 404.456Current suspension of benefits because an individual works or engages in self-employment.
§ 404.457Deductions where taxes neither deducted from wages of certain maritime employees nor paid.
§ 404.458Limiting deductions where total family benefits payable would not be affected or would be only partly affected.
§ 404.459Penalty for making false or misleading statements or withholding information.
§ 404.460Nonpayment of monthly benefits to aliens outside the United States.
§ 404.461Nonpayment of lump sum after death of alien outside United States for more than 6 months.
§ 404.462Nonpayment of hospital and medical insurance benefits of alien outside United States for more than 6 months.
§ 404.463Nonpayment of benefits of aliens outside the United States; “foreign social insurance system,” and “treaty obligation” exceptions defined.
§ 404.464How does deportation or removal from the United States affect the receipt of benefits?
§ 404.465Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits.
§ 404.466Conviction for subversive activities; effect on enrollment for supplementary medical insurance benefits.
§ 404.467Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory blindness is engaging in substantial gainful activity.
§ 404.468Nonpayment of benefits to prisoners.
§ 404.469Nonpayment of benefits where individual has not furnished or applied for a Social Security number.
§ 404.470Nonpayment of disability benefits due to noncompliance with rules regarding treatment for drug addiction or alcoholism.
§ 404.471Nonpayment of disability benefits for trial work period service months upon a conviction of fraudulently concealing work activity.
§ 404.480Paying benefits in installments: Drug addiction or alcoholism.
§ 404.501General applicability of section 204 of the Act.
§ 404.502Overpayments.
§ 404.502aNotice of right to waiver consideration.
§ 404.503Underpayments.
§ 404.504Relation to provisions for reductions and increases.
§ 404.505Relationship to provisions requiring deductions.
§ 404.506When waiver may be applied and how to process the request.
§ 404.507Fault.
§ 404.508Defeat the purpose of Title II.
§ 404.509Against equity and good conscience; defined.
§ 404.510When an individual is “without fault” in a deduction overpayment.
§ 404.510aWhen an individual is “without fault” in an entitlement overpayment.
§ 404.511When an individual is at “fault” in a deduction overpayment.
§ 404.512When adjustment or recovery of an overpayment will be waived.
§ 404.513Liability of a certifying officer.
§ 404.515Collection and compromise of claims for overpayment.
§ 404.520Referral of overpayments to the Department of the Treasury for tax refund offset-General.
§ 404.521Notice to overpaid persons.
§ 404.522Review within SSA that an overpayment is past due and legally enforceable.
§ 404.523Findings by SSA.
§ 404.524Review of our records related to the overpayment.
§ 404.525Suspension of offset.
§ 404.526Tax refund insufficient to cover amount of overpayment.
§ 404.527Additional methods for recovery of title II benefit overpayments.
§ 404.530Are title VIII and title XVI benefits subject to adjustment to recover title II overpayments?
§ 404.535How much will we withhold from your title VIII and title XVI benefits to recover a title II overpayment?
§ 404.540Will you receive notice of our intention to apply cross-program recovery?
§ 404.545When will we begin cross-program recovery from current monthly benefits?
§ 404.601Introduction.
§ 404.602Definitions.
§ 404.603You must file an application to receive benefits.
§ 404.610What makes an application a claim for benefits?
§ 404.611How do I file an application for Social Security benefits?
§ 404.612Who may sign an application.
§ 404.613Evidence of authority to sign an application for another.
§ 404.614When an application or other form is considered filed.
§ 404.615Claimant must be alive when an application is filed.
§ 404.617Pilot program for photographic identification of disability benefit applicants in designated geographic areas.
§ 404.620Filing before the first month you meet the requirements for benefits.
§ 404.621What happens if I file after the first month I meet the requirements for benefits?
§ 404.622Limiting an application.
§ 404.623Am I required to file for all benefits if I am eligible for old-age and husband's or wife's benefits?
§ 404.630Use of date of written statement as filing date.
§ 404.631Statements filed with the Railroad Retirement Board.
§ 404.632Statements filed with a hospital.
§ 404.633Deemed filing date in a case of misinformation.
§ 404.640Withdrawal of an application.
§ 404.641Cancellation of a request to withdraw.
§ 404.701Introduction.
§ 404.702Definitions.
§ 404.703When evidence is needed.
§ 404.704Your responsibility for giving evidence.
§ 404.705Failure to give requested evidence.
§ 404.706Where to give evidence.
§ 404.707Original records or copies as evidence.
§ 404.708How we decide what is enough evidence.
§ 404.709Preferred evidence and other evidence.
§ 404.715When evidence of age is needed.
§ 404.716Type of evidence of age to be given.
§ 404.720Evidence of a person's death.
§ 404.721Evidence to presume a person is dead.
§ 404.722Rebuttal of a presumption of death.
§ 404.723When evidence of marriage is required.
§ 404.725Evidence of a valid ceremonial marriage.
§ 404.726Evidence of common-law marriage.
§ 404.727Evidence of a deemed valid marriage.
§ 404.728Evidence a marriage has ended.
§ 404.730When evidence of a parent or child relationship is needed.
§ 404.731Evidence you are a natural parent or child.
§ 404.732Evidence you are a stepparent or stepchild.
§ 404.733Evidence you are the legally adopting parent or legally adopted child.
§ 404.734Evidence you are an equitably adopted child.
§ 404.735Evidence you are the grandchild or stepgrandchild.
§ 404.736Evidence of a child's dependency.
§ 404.745Evidence of school attendance for child age 18 or older.
§ 404.750Evidence of a parent's support.
§ 404.760Evidence of living in the same household with insured person.
§ 404.762What is acceptable evidence of having a child in my care?
§ 404.770Evidence of where the insured person had a permanent home.
§ 404.780Evidence of “good cause” for exceeding time limits on accepting proof of support or application for a lump-sum death payment.
§ 404.801Introduction.
§ 404.802Definitions.
§ 404.803Conclusiveness of the record of your earnings.
§ 404.810How to obtain a statement of earnings and a benefit estimate statement.
§ 404.811The statement of earnings and benefit estimates you requested.
§ 404.812Statement of earnings and benefit estimates sent without request.
§ 404.820Filing a request for correction of the record of your earnings.
§ 404.821Correction of the record of your earnings before the time limit ends.
§ 404.822Correction of the record of your earnings after the time limit ends.
§ 404.823Correction of the record of your earnings for work in the employ of the United States.
§ 404.830Notice of removal or reduction of your wages.
§ 404.831Notice of removal or reduction of your self-employment income.
§ 404.900Introduction.
§ 404.901Definitions.
§ 404.902Administrative actions that are initial determinations.
§ 404.903Administrative actions that are not initial determinations.
§ 404.904Notice of the initial determination.
§ 404.905Effect of an initial determination.
§ 404.906Testing modifications to the disability determination procedures.
§ 404.907Reconsideration-general.
§ 404.908Parties to a reconsideration.
§ 404.909How to request reconsideration.
§ 404.911Good cause for missing the deadline to request review.
§ 404.913Reconsideration procedures.
§ 404.914Disability hearing-general.
§ 404.915Disability hearing-disability hearing officers.
§ 404.916Disability hearing-procedures.
§ 404.917Disability hearing-disability hearing officer's reconsidered determination.
§ 404.918Disability hearing-review of the disability hearing officer's reconsidered determination before it is issued.
§ 404.919Notice of another person's request for reconsideration.
§ 404.920Reconsidered determination.
§ 404.921Effect of a reconsidered determination.
§ 404.922Notice of a reconsidered determination.
§ 404.923Expedited appeals process-general.
§ 404.924When the expedited appeals process may be used.
§ 404.925How to request expedited appeals process.
§ 404.926Agreement in expedited appeals process.
§ 404.927Effect of expedited appeals process agreement.
§ 404.928Expedited appeals process request that does not result in agreement.
§ 404.929Hearing before an administrative law judge-general.
§ 404.930Availability of a hearing before an administrative law judge.
§ 404.932Parties to a hearing before an administrative law judge.
§ 404.933How to request a hearing before an administrative law judge.
§ 404.935Submitting written evidence to an administrative law judge.
§ 404.936Time, place, and manner of appearance for a hearing before an administrative law judge.
§ 404.937Protecting the safety of the public and our employees in our hearing process.
§ 404.938Notice of a hearing before an administrative law judge.
§ 404.939Objections to the issues.
§ 404.940Disqualification of the administrative law judge.
§ 404.941Prehearing case review.
§ 404.942Prehearing proceedings and decisions by attorney advisors.
§ 404.943Responsibilities of the adjudication officer.
§ 404.944Administrative law judge hearing procedures-general.
§ 404.946Issues before an administrative law judge.
§ 404.948Deciding a case without an oral hearing before an administrative law judge.
§ 404.949Presenting written statements and oral arguments.
§ 404.950Presenting evidence at a hearing before an administrative law judge.
§ 404.951Official record.
§ 404.952Consolidated hearing before an administrative law judge.
§ 404.953The decision of an administrative law judge.
§ 404.955The effect of a hearing decision.
§ 404.956Removal of a hearing request(s) to the Appeals Council.
§ 404.957Dismissal of a request for a hearing before an administrative law judge.
§ 404.958Notice of dismissal of a request for a hearing before an administrative law judge.
§ 404.959Effect of dismissal of a request for a hearing before an administrative law judge.
§ 404.960Vacating a dismissal of a request for a hearing before an administrative law judge.
§ 404.961Prehearing and posthearing conferences.
§ 404.965[Reserved]
§ 404.966[Reserved]
§ 404.967Appeals Council review-general.
§ 404.968How to request Appeals Council review.
§ 404.969Appeals Council initiates review.
§ 404.970Cases the Appeals Council will review.
§ 404.971Dismissal by Appeals Council.
§ 404.972Effect of dismissal of request for Appeals Council review.
§ 404.973Notice of Appeals Council review.
§ 404.974Obtaining evidence from Appeals Council.
§ 404.975Filing briefs with the Appeals Council.
§ 404.976Procedures before the Appeals Council.
§ 404.977Case remanded by Appeals Council.
§ 404.979Decision of Appeals Council.
§ 404.981Effect of Appeals Council's decision or denial of review.
§ 404.982Extension of time to file action in Federal district court.
§ 404.983Case remanded by a Federal court.
§ 404.984Appeals Council review of hearing decision in a case remanded by a Federal court.
§ 404.985Application of circuit court law.
§ 404.987Reopening and revising determinations and decisions.
§ 404.988Conditions for reopening.
§ 404.989Good cause for reopening.
§ 404.990Finality of determinations and decisions on revision of an earnings record.
§ 404.991Finality of determinations and decisions to suspend benefit payments for entire taxable year because of earnings.
§ 404.991aLate completion of timely investigation.
§ 404.992Notice of revised determination or decision.
§ 404.993Effect of revised determination or decision.
§ 404.994Time and place to request a hearing on revised determination or decision.
§ 404.995Finality of findings when later claim is filed on same earnings record.
§ 404.996Increase in future benefits where time period for reopening expires.
§ 404.999aPayment of certain travel expenses-general.
§ 404.999bWho may be reimbursed.
§ 404.999cWhat travel expenses are reimbursable.
§ 404.999dWhen and how to claim reimbursement.
§ 404.1001Introduction.
§ 404.1002Definitions.
§ 404.1003Employment.
§ 404.1004What work is covered as employment?
§ 404.1005Who is an employee.
§ 404.1006Corporation officer.
§ 404.1007Common-law employee.
§ 404.1008Agent-driver or commission-driver, full-time life insurance salesman, home worker, or traveling or city salesman.
§ 404.1009Who is an employer.
§ 404.1010Farm crew leader as employer.
§ 404.1012Work excluded from employment.
§ 404.1013Included-excluded rule.
§ 404.1014Domestic service by a student for a local college club, fraternity or sorority.
§ 404.1015Family services.
§ 404.1016Foreign agricultural workers.
§ 404.1017Sharefarmers.
§ 404.1018Work by civilians for the United States Government or its instrumentalities-wages paid after 1983.
§ 404.1018aWork by civilians for the United States Government or its instrumentalities-remuneration paid prior to 1984.
§ 404.1018bMedicare qualified government employment.
§ 404.1019Work as a member of a uniformed service of the United States.
§ 404.1020Work for States and their political subdivisions and instrumentalities.
§ 404.1021Work for the District of Columbia.
§ 404.1022American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.
§ 404.1023Ministers of churches and members of religious orders.
§ 404.1024Election of coverage by religious orders.
§ 404.1025Work for religious, charitable, educational, or certain other organizations exempt from income tax.
§ 404.1026Work for a church or qualified church-controlled organization.
§ 404.1027Railroad work.
§ 404.1028Student working for a school, college, or university.
§ 404.1029Student nurses.
§ 404.1030Delivery and distribution or sale of newspapers, shopping news, and magazines.
§ 404.1031Fishing.
§ 404.1032Work for a foreign government.
§ 404.1033Work for a wholly owned instrumentality of a foreign government.
§ 404.1034Work for an international organization.
§ 404.1035Work for a communist organization.
§ 404.1036Certain nonresident aliens.
§ 404.1037Work on or in connection with a non-American vessel or aircraft.
§ 404.1038Domestic employees under age 18.
§ 404.1039Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance.
§ 404.1041Wages.
§ 404.1042Wages when paid and received.
§ 404.1043Facilities or privileges-meals and lodging.
§ 404.1044Vacation pay.
§ 404.1045Employee expenses.
§ 404.1046Pay for work by certain members of religious orders.
§ 404.1047Annual wage limitation.
§ 404.1048Contribution and benefit base after 1992.
§ 404.1049Payments under an employer plan or system.
§ 404.1050Retirement payments.
§ 404.1051Payments on account of sickness or accident disability, or related medical or hospitalization expenses.
§ 404.1052Payments from or to certain tax-exempt trusts or payments under or into certain annuity plans.
§ 404.1053“Qualified benefits” under a cafeteria plan.
§ 404.1054Payments by an employer of employee's tax or employee's contribution under State law.
§ 404.1055Payments for agricultural labor.
§ 404.1056Explanation of agricultural labor.
§ 404.1057Domestic service in the employer's home.
§ 404.1058Special situations.
§ 404.1059Deemed wages for certain individuals interned during World War II.
§ 404.1060[Reserved]
§ 404.1065Self-employment coverage.
§ 404.1066Trade or business in general.
§ 404.1068Employees who are considered self-employed.
§ 404.1069Real estate agents and direct sellers.
§ 404.1070Christian Science practitioners.
§ 404.1071Ministers and members of religious orders.
§ 404.1073Public office.
§ 404.1074Farm crew leader who is self-employed.
§ 404.1075Members of certain religious groups opposed to insurance.
§ 404.1077Individuals under railroad retirement system.
§ 404.1080Net earnings from self-employment.
§ 404.1081General rules for figuring net earnings from self-employment.
§ 404.1082Rentals from real estate; material participation.
§ 404.1083Dividends and interest.
§ 404.1084Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion.
§ 404.1085Net operating loss deduction.
§ 404.1086Community income.
§ 404.1087Figuring partner's net earnings from self-employment for taxable year which ends as a result of death.
§ 404.1088Retirement payment to retired partners.
§ 404.1089Figuring net earnings for residents and nonresidents of Puerto Rico.
§ 404.1090Personal exemption deduction.
§ 404.1091Figuring net earnings for ministers and members of religious orders.
§ 404.1092Figuring net earnings for U.S. citizens or residents living outside the United States.
§ 404.1093Possession of the United States.
§ 404.1094Options available for figuring net earnings from self-employment.
§ 404.1095Agricultural trade or business.
§ 404.1096Self-employment income.
§ 404.1200General.
§ 404.1201Scope of this subpart regarding coverage and wage reports and adjustments.
§ 404.1202Definitions.
§ 404.1203Evidence-for wages paid prior to 1987.
§ 404.1204Designating officials to act on behalf of the State.
§ 404.1205Absolute coverage groups.
§ 404.1206Retirement system coverage groups.
§ 404.1207Divided retirement system coverage groups.
§ 404.1208Ineligible employees.
§ 404.1209Mandatorily excluded services.
§ 404.1210Optionally excluded services.
§ 404.1211Interstate instrumentalities.
§ 404.1212Police officers and firefighters.
§ 404.1214Agreement for coverage.
§ 404.1215Modification of agreement.
§ 404.1216Modification of agreement to correct an error.
§ 404.1217Continuation of coverage.
§ 404.1218Resumption of coverage.
§ 404.1219Dissolution of political subdivision.
§ 404.1220Identification numbers.
§ 404.1225Records-for wages paid prior to 1987.
§ 404.1230Onsite review program.
§ 404.1231Scope of review.
§ 404.1232Conduct of review.
§ 404.1234Reports of review's findings.
§ 404.1237Wage reports and contribution returns-general-for wages paid prior to 1987.
§ 404.1239Wage reports for employees performing services in more than one coverage group-for wages paid prior to 1987.
§ 404.1242Back pay.
§ 404.1243Use of reporting forms-for wages paid prior to 1987.
§ 404.1247When to report wages-for wages paid prior to 1987.
§ 404.1249When and where to make deposits of contributions and to file contribution returns and wage reports-for wages paid prior to 1987.
§ 404.1251Final reports-for wages paid prior to 1987.
§ 404.1255State's liability for contributions-for wages paid prior to 1987.
§ 404.1256Limitation on State's liability for contributions for multiple employment situations-for wages paid prior to 1987.
§ 404.1260Amount of contributions-for wages paid prior to 1987.
§ 404.1262Manner of payment of contributions by State-for wages paid prior to 1987.
§ 404.1263When fractional part of a cent may be disregarded-for wages paid prior to 1987.
§ 404.1265Addition of interest to contributions-for wages paid prior to 1987.
§ 404.1267Failure to make timely payments-for wages paid prior to 1987.
§ 404.1270Adjustments in general-for wages paid prior to 1987.
§ 404.1271Adjustment of overpayment of contributions-for wages paid prior to 1987.
§ 404.1272Refund or recomputation of overpayments which are not adjustable-for wages paid prior to 1987.
§ 404.1275Adjustment of employee contributions-for wages paid prior to 1987.
§ 404.1276Reports and payments erroneously made to Internal Revenue Service-transfer of funds-for wages paid prior to 1987.
§ 404.1280Allowance of credits or refunds-for wages paid prior to 1987.
§ 404.1281Credits or refunds for periods of time during which no liability exists-for wages paid prior to 1987.
§ 404.1282Time limitations on credits or refunds-for wages paid prior to 1987.
§ 404.1283Exceptions to the time limitations on credits or refunds-for wages paid prior to 1987.
§ 404.1284Offsetting underpayments against overpayments-for wages paid prior to 1987.
§ 404.1285Assessments of amounts due-for wages paid prior to 1987.
§ 404.1286Time limitations on assessments-for wages paid prior to 1987.
§ 404.1287Exceptions to the time limitations on assessments-for wages paid prior to 1987.
§ 404.1289Payment after expiration of time limitation for assessment-for wages paid prior to 1987.
§ 404.1290Review of decisions by the Secretary-for wages paid prior to 1987.
§ 404.1291Reconsideration-for wages paid prior to 1987.
§ 404.1292How to request review-for wages paid prior to 1987.
§ 404.1293Time for filing request for review-for wages paid prior to 1987.
§ 404.1294Notification to State after reconsideration-for wages paid prior to 1987.
§ 404.1295Commissioner's review-for wages paid prior to 1987.
§ 404.1296Commissioner's notification to the State-for wages paid prior to 1987.
§ 404.1297Review by court-for wages paid prior to 1987.
§ 404.1298Time for filing civil action-for wages paid prior to 1987.
§ 404.1299Final judgments-for wages paid prior to 1987.
§ 404.1301Introduction.
§ 404.1302Definitions.
§ 404.1310Who is a World War II veteran.
§ 404.1311Ninety-day active service requirement for World War II veterans.
§ 404.1312World War II service included.
§ 404.1313World War II service excluded.
§ 404.1320Who is a post-World War II veteran.
§ 404.1321Ninety-day active service requirement for post-World War II veterans.
§ 404.1322Post-World War II service included.
§ 404.1323Post-World War II service excluded.
§ 404.1325Separation from active service under conditions other than dishonorable.
§ 404.1330Who is a member of a uniformed service.
§ 404.1340Wage credits for World War II and post-World War II veterans.
§ 404.1341Wage credits for a member of a uniformed service.
§ 404.1342Limits on granting World War II and post-World War II wage credits.
§ 404.1343When the limits on granting World War II and post-World War II wage credits do not apply.
§ 404.1350Deemed insured status.
§ 404.1351When deemed insured status does not apply.
§ 404.1352Benefits and payments based on deemed insured status.
§ 404.1360Veterans Administration pension or compensation payable.
§ 404.1361Federal benefit payable other than by Veterans Administration.
§ 404.1362Treatment of social security benefits or payments where Veterans Administration pension or compensation payable.
§ 404.1363Treatment of social security benefits or payments where Federal benefit payable other than by Veterans Administration.
§ 404.1370Evidence of active service and separation from active service.
§ 404.1371Evidence of membership in a uniformed service during the years 1957 through 1967.
§ 404.1401What is the interrelationship between the Railroad Retirement Act and the Old-Age, Survivors and Disability Insurance Program of the Social Security Act?
§ 404.1402When are railroad industry services by a non-vested worker covered under Social Security?
§ 404.1404Effective date of coverage of railroad services under the act.
§ 404.1405If you have been considered a non-vested worker, what are the situations when your railroad industry work will not be covered under Social Security?
§ 404.1406Eligibility to railroad retirement benefits as a bar to payment of social security benefits.
§ 404.1407When railroad retirement benefits do not bar payment of social security benefits.
§ 404.1408Compensation to be treated as wages.
§ 404.1409Purposes of using compensation.
§ 404.1410Presumption on basis of certified compensation record.
§ 404.1412Compensation quarters of coverage.
§ 404.1413When will we certify payment to the Railroad Retirement Board (RRB)?
§ 404.1501Scope of subpart.
§ 404.1502Definitions for this subpart.
§ 404.1503Who makes disability and blindness determinations.
§ 404.1503aProgram integrity.
§ 404.1503bEvidence from excluded medical sources of evidence.
§ 404.1504Decisions by other governmental agencies and nongovernmental entities.
§ 404.1505Basic definition of disability.
§ 404.1506When we will not consider your impairment.
§ 404.1508[Reserved]
§ 404.1509How long the impairment must last.
§ 404.1510Meaning of substantial gainful activity.
§ 404.1511Definition of a disabling impairment.
§ 404.1512Responsibility for evidence.
§ 404.1513Categories of evidence.
§ 404.1513aEvidence from our Federal or State agency medical or psychological consultants.
§ 404.1514When we will purchase existing evidence.
§ 404.1515Where and how to submit evidence.
§ 404.1516If you fail to submit medical and other evidence.
§ 404.1517Consultative examination at our expense.
§ 404.1518If you do not appear at a consultative examination.
§ 404.1519The consultative examination.
§ 404.1519aWhen we will purchase a consultative examination and how we will use it.
§ 404.1519bWhen we will not purchase a consultative examination.
§ 404.1519fType of purchased examinations.
§ 404.1519gWho we will select to perform a consultative examination.
§ 404.1519hYour medical source.
§ 404.1519iOther sources for consultative examinations.
§ 404.1519jObjections to the medical source designated to perform the consultative examination.
§ 404.1519kPurchase of medical examinations, laboratory tests, and other services.
§ 404.1519mDiagnostic tests or procedures.
§ 404.1519nInforming the medical source of examination scheduling, report content, and signature requirements.
§ 404.1519oWhen a properly signed consultative examination report has not been received.
§ 404.1519pReviewing reports of consultative examinations.
§ 404.1519qConflict of interest.
§ 404.1519sAuthorizing and monitoring the consultative examination.
§ 404.1519tConsultative examination oversight.
§ 404.1520Evaluation of disability in general.
§ 404.1520aEvaluation of mental impairments.
§ 404.1520bHow we consider evidence.
§ 404.1520cHow we consider and articulate medical opinions and prior administrative medical findings for claims filed on or after March 27, 2017.
§ 404.1521Establishing that you have a medically determinable impairment(s).
§ 404.1522What we mean by an impairment(s) that is not severe.
§ 404.1523Multiple impairments.
§ 404.1525Listing of Impairments in appendix 1.
§ 404.1526Medical equivalence.
§ 404.1527Evaluating opinion evidence for claims filed before March 27, 2017.
§ 404.1528[Reserved]
§ 404.1529How we evaluate symptoms, including pain.
§ 404.1530Need to follow prescribed treatment.
§ 404.1535How we will determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability.
§ 404.1536Treatment required for individuals whose drug addiction or alcoholism is a contributing factor material to the determination of disability.
§ 404.1537What we mean by appropriate treatment.
§ 404.1538What we mean by approved institutions or facilities.
§ 404.1539How we consider whether treatment is available.
§ 404.1540Evaluating compliance with the treatment requirements.
§ 404.1541Establishment and use of referral and monitoring agencies.
§ 404.1545Your residual functional capacity.
§ 404.1546Responsibility for assessing your residual functional capacity.
§ 404.1560When we will consider your vocational background.
§ 404.1562Medical-vocational profiles showing an inability to make an adjustment to other work.
§ 404.1563Your age as a vocational factor.
§ 404.1564Your education as a vocational factor.
§ 404.1565Your work experience as a vocational factor.
§ 404.1566Work which exists in the national economy.
§ 404.1567Physical exertion requirements.
§ 404.1568Skill requirements.
§ 404.1569Listing of Medical-Vocational Guidelines in appendix 2.
§ 404.1569aExertional and nonexertional limitations.
§ 404.1571General.
§ 404.1572What we mean by substantial gainful activity.
§ 404.1573General information about work activity.
§ 404.1574Evaluation guides if you are an employee.
§ 404.1574aWhen and how we will average your earnings.
§ 404.1575Evaluation guides if you are self-employed.
§ 404.1576Impairment-related work expenses.
§ 404.1577Disability defined for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991.
§ 404.1578How we determine disability for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991.
§ 404.1579How we will determine whether your disability continues or ends.
§ 404.1581Meaning of blindness as defined in the law.
§ 404.1582A period of disability based on blindness.
§ 404.1583How we determine disability for blind persons who are age 55 or older.
§ 404.1584Evaluation of work activity of blind people.
§ 404.1585Trial work period for persons age 55 or older who are blind.
§ 404.1586Why and when we will stop your cash benefits.
§ 404.1587Circumstances under which we may suspend and terminate your benefits before we make a determination.
§ 404.1588Your responsibility to tell us of events that may change your disability status.
§ 404.1589We may conduct a review to find out whether you continue to be disabled.
§ 404.1590When and how often we will conduct a continuing disability review.
§ 404.1591If your medical recovery was expected and you returned to work.
§ 404.1592The trial work period.
§ 404.1592aThe reentitlement period.
§ 404.1592bWhat is expedited reinstatement?
§ 404.1592cWho is entitled to expedited reinstatement?
§ 404.1592dHow do I request reinstatement?
§ 404.1592eHow do we determine provisional benefits?
§ 404.1592fHow do we determine reinstated benefits?
§ 404.1593Medical evidence in continuing disability review cases.
§ 404.1594How we will determine whether your disability continues or ends.
§ 404.1595When we determine that you are not now disabled.
§ 404.1596Circumstances under which we may suspend and terminate your benefits before we make a determination.
§ 404.1597After we make a determination that you are not now disabled.
§ 404.1597aContinued benefits pending appeal of a medical cessation determination.
§ 404.1598If you become disabled by another impairment(s).
§ 404.1599Work incentive experiments and rehabilitation demonstration projects in the disability program.
§ 404.1601Purpose and scope.
§ 404.1602Definitions.
§ 404.1603Basic responsibilities for us and the State.
§ 404.1610How a State notifies us that it wishes to perform the disability determination function.
§ 404.1611How we notify a State whether it may perform the disability determination function.
§ 404.1613Disability determinations the State makes.
§ 404.1614Responsibilities for obtaining evidence to make disability determinations.
§ 404.1615Making disability determinations.
§ 404.1616Medical consultants and psychological consultants.
§ 404.1617Reasonable efforts to obtain review by a physician, psychiatrist, and psychologist.
§ 404.1618Notifying claimants of the disability determination.
§ 404.1619Quick disability determination process.
§ 404.1620General administrative requirements.
§ 404.1621Personnel.
§ 404.1622Training.
§ 404.1623Facilities.
§ 404.1624Medical and other purchased services.
§ 404.1625Records and reports.
§ 404.1626Fiscal.
§ 404.1627Audits.
§ 404.1628Property.
§ 404.1629Participation in research and demonstration projects.
§ 404.1630Coordination with other agencies.
§ 404.1631Confidentiality of information and records.
§ 404.1632Other Federal laws and regulations.
§ 404.1633Policies and operating instructions.
§ 404.1640General.
§ 404.1641Standards of performance.
§ 404.1642Processing time standards.
§ 404.1643Performance accuracy standard.
§ 404.1644How and when we determine whether the processing time standards are met.
§ 404.1645How and when we determine whether the performance accuracy standard is met.
§ 404.1650Action we will take if a State agency does not meet the standards.
§ 404.1660How we will monitor.
§ 404.1661When we will provide performance support.
§ 404.1662What support we will provide.
§ 404.1670General.
§ 404.1671Good cause for not following the Act, our regulations, or other written guidelines.
§ 404.1675Finding of substantial failure.
§ 404.1680Notice of right to hearing on proposed finding of substantial failure.
§ 404.1681Disputes on matters other than substantial failure.
§ 404.1682Who conducts the hearings.
§ 404.1683Hearings and appeals process.
§ 404.1690Assumption when we make a finding of substantial failure.
§ 404.1691Assumption when State no longer wishes to perform the disability determination function.
§ 404.1692Protection of State employees.
§ 404.1693Limitation on State expenditures after notice.
§ 404.1694Final accounting by the State.
§ 404.1700Introduction.
§ 404.1703Definitions.
§ 404.1705Who may be your representative.
§ 404.1706Notification of options for obtaining attorney representation.
§ 404.1707Appointing a representative.
§ 404.1710Authority of a representative.
§ 404.1713Mandatory use of electronic services.
§ 404.1715Notice or request to a representative.
§ 404.1717Direct payment of fees to eligible non-attorney representatives.
§ 404.1720Fee for a representative's services.
§ 404.1725Request for approval of a fee.
§ 404.1728Proceedings before a State or Federal court.
§ 404.1730Payment of fees.
§ 404.1735Entity eligible for direct payment of fees.
§ 404.1740Rules of conduct and standards of responsibility for representatives.
§ 404.1745Violations of our requirements, rules, or standards.
§ 404.1750Notice of charges against a representative.
§ 404.1755Withdrawing charges against a representative.
§ 404.1765Hearing on charges.
§ 404.1770Decision by hearing officer.
§ 404.1775Requesting review of the hearing officer's decision.
§ 404.1776Assignment of request for review of the hearing officer's decision.
§ 404.1780Appeals Council's review of hearing officer's decision.
§ 404.1785Evidence permitted on review.
§ 404.1790Appeals Council's decision.
§ 404.1795When the Appeals Council will dismiss a request for review.
§ 404.1797Reinstatement after suspension-period of suspension expired.
§ 404.1799Reinstatement after suspension or disqualification-period of suspension not expired.
§ 404.1800Introduction.
§ 404.1805Paying benefits.
§ 404.1807Monthly payment day.
§ 404.1810Expediting benefit payments.
§ 404.1815Withholding certification or payments.
§ 404.1820Transfer or assignment of payments.
§ 404.1821Garnishment of payments after disbursement.
§ 404.1825Joint payments to a family.
§ 404.1901Introduction.
§ 404.1902Definitions.
§ 404.1903Negotiating totalization agreements.
§ 404.1904Effective date of a totalization agreement.
§ 404.1905Termination of agreements.
§ 404.1908Crediting foreign periods of coverage.
§ 404.1910Person qualifies under more than one totalization agreement.
§ 404.1911Effects of a totalization agreement on entitlement to hospital insurance benefits.
§ 404.1913Precluding dual coverage.
§ 404.1914Certificate of coverage.
§ 404.1915Payment of contributions.
§ 404.1918How benefits are computed.
§ 404.1919How benefits are recomputed.
§ 404.1920Supplementing the U.S. benefit if the total amount of the combined benefits is less than the U.S. minimum benefit.
§ 404.1921Benefits of less than $1 due.
§ 404.1925Applications.
§ 404.1926Evidence.
§ 404.1927Appeals.
§ 404.1928Effect of the alien non-payment provision.
§ 404.1929Overpayments.
§ 404.1930Disclosure of information.
§ 404.2001Introduction.
§ 404.2010When payment will be made to a representative payee.
§ 404.2011What happens to your monthly benefits while we are finding a suitable representative payee for you?
§ 404.2015Information considered in determining whether to make representative payments.
§ 404.2018Advance designation of representative payees.
§ 404.2020Information considered in selecting a representative payee.
§ 404.2021What is our order of preference in selecting a representative payee for you?
§ 404.2022Who may not serve as a representative payee?
§ 404.2024How do we investigate a representative payee applicant?
§ 404.2025What information must a representative payee report to us?
§ 404.2026How do we investigate an appointed representative payee?
§ 404.2030How will we notify you when we decide you need a representative payee?
§ 404.2035What are the responsibilities of your representative payee?
§ 404.2040Use of benefit payments.
§ 404.2040aCompensation for qualified organizations serving as representative payees.
§ 404.2041Who is liable if your representative payee misuses your benefits?
§ 404.2045Conservation and investment of benefit payments.
§ 404.2050When will we select a new representative payee for you?
§ 404.2055When representative payment will be stopped.
§ 404.2060Transfer of accumulated benefit payments.
§ 404.2065How does your representative payee account for the use of benefits?
§ 404.2101General.
§ 404.2102Purpose and scope.
§ 404.2103Definitions.
§ 404.2104Participation by State VR agencies.
§ 404.2106[Reserved]
§ 404.2108Requirements for payment.
§ 404.2109Responsibility for making payment decisions.
§ 404.2110What we mean by “SGA” and by “a continuous period of 9 months”.
§ 404.2111Criteria for determining when VR services will be considered to have contributed to a continuous period of 9 months.
§ 404.2112Payment for VR services in a case where an individual continues to receive disability payments based on participation in an approved VR program.
§ 404.2114Services for which payment may be made.
§ 404.2115When services must have been provided.
§ 404.2116When claims for payment for VR services must be made (filing deadlines).
§ 404.2117What costs will be paid.
§ 404.2118[Reserved]
§ 404.2119Method of payment.
§ 404.2120Audits.
§ 404.2121Validation reviews.
§ 404.2122Confidentiality of information and records.
§ 404.2123Other Federal laws and regulations.
§ 404.2127Resolution of disputes.

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