2003 CFR Title 20, Volume 2

Title 20--Employees' Benefits CHAPTER III--SOCIAL SECURITY ADMINISTRATION PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )
	404.1	Introduction.
	404.2	General definitions and use of terms.
	404.3	General provisions.
	404.101	Introduction.
	404.102	Definitions.
	404.110	How we determine fully insured status.
	404.111	When we consider a person fully insured based on World War II active military or naval service.
	404.112	When we consider certain employees of private nonprofit organizations to be fully insured.
	404.115	Table for determining the quarters of coverage you need to be fully insured.
	404.120	How we determine currently insured status.
	404.130	How we determine disability insured status.
	404.131	When you must have disability insured status.
	404.132	How we determine fully insured status for a period of disability or disability insurance benefits.
	404.133	When we give you quarters of coverage based on military service to establish a period of disability.
	404.140	What is a quarter of coverage.
	404.141	How we credit quarters of coverage for calendar years before 1978.
	404.142	How we credit self-employment income to calendar quarters for taxable years beginning before 1978.
	404.143	How we credit quarters of coverage for calendar years after 1977.
	404.144	How we credit self-employment income to calendar years for taxable years beginning after 1977.
	404.145	When you acquire a quarter of coverage.
	404.146	When a calendar quarter cannot be a quarter of coverage.
	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 automatic cost-of-living increases are to be made.
	404.274	Measuring the increase in the indexes.
	404.275	Amount of automatic cost-of-living increases.
	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.
	404.301	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.
	404.330	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	How is the amount of my widow's or widower's benefit calculated?
	404.339	Who is entitled to mother's or father's benefits.
	404.340	Who is entitled to mother's or father's benefits as a surviving divorced spouse.
	404.341	When mother's and father's benefits begin and end.
	404.342	Mother's and father's benefit amounts.
	404.344	Your relationship by marriage to the insured.
	404.345	Your relationship as wife, husband, widow, or widower under State law.
	404.346	Your relationship as wife, husband, widow, or widower based upon a deemed valid marriage.
	404.347	``Living in the same household'' defined.
	404.348	When a child living with you is ``in your care''.
	404.349	When a child living apart from you is ``in your care''.
	404.350	Who is entitled to child's benefits.
	404.351	Who may be reentitled to child's benefits.
	404.352	When does my entitlement to child's benefits begin and end?
	404.353	Child's benefit amounts.
	404.354	Your relationship to the insured.
	404.355	Who is the insured's natural child?
	404.356	Who is the insured's legally adopted child.
	404.357	Who is the insured's stepchild.
	404.358	Who is the insured's grandchild or stepgrandchild.
	404.359	Who is the insured's equitably adopted child.
	404.360	When a child is dependent upon the insured person.
	404.361	When a natural child is dependent.
	404.362	When a legally adopted child is dependent.
	404.363	When a stepchild is dependent.
	404.364	When a grandchild or step&chyph;grand&chyph;child is dependent.
	404.365	When an equitably adopted child is dependent.
	404.366	``Contributions for support,'' ``one-half support,'' and ``living with'' the insured defined--determining first month of entitlement.
	404.367	When you are a ``full-time elementary or secondary school student''.
	404.368	When you are considered a full-time student during a period of nonattendance.
	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	General.
	404.381	Who is entitled to special age 72 payments.
	404.382	When special age 72 payments begin and end.
	404.383	Special age 72 payment amounts.
	404.384	Reductions, suspensions, and nonpayments of special age 72 payments.
	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; annual earnings test.
	404.416	Amount of deduction 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?
	404.422	Deductions because of refusal to accept rehabilitation services.
	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	Excess earnings defined for taxable years ending after December 1972; monthly exempt amount defined.
	404.434	Excess earnings; method of charging.
	404.435	Excess earnings; months to which excess earnings cannot be charged.
	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 false or misleading statements.
	404.460	Nonpayment of monthly benefits of aliens outside the United States.
	404.461	Nonpayment of lump sum after death of alien outside United States for more than 6 months.
	404.462	Nonpayment of hospital and medical insurance benefits of alien outside United States for more than 6 months.
	404.463	Nonpayment of benefits of aliens outside the United States; ``foreign social insurance system,'' and ``treaty obligation'' exceptions defined.
	404.464	Nonpayment of benefits where individual is deported; prohibition against payment of lump sum based on deported individual's earnings records.
	404.465	Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits.
	404.466	Conviction for subversive activities; effect on enrollment for supplementary medical insurance benefits.
	404.467	Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory blindness is engaging in substantial gainful activity.
	404.468	Nonpayment of benefits to prisoners.
	404.469	Nonpayment of benefits where individual has not furnished or applied for a Social Security number.
	404.470	Nonpayment of disability benefits due to noncompliance with rules regarding treatment for drug addiction or alcoholism.
	404.480	Paying benefits in installments: Drug addiction or alcoholism.
	404.501	General applicability of section 204 of the Act.
	404.502	Overpayments.
	404.502a	Notice of right to waiver consideration.
	404.503	Underpayments.
	404.504	Relation to provisions for reductions and increases.
	404.505	Relationship to provisions requiring deductions.
	404.506	When waiver may be applied and how to process the request.
	404.507	Fault.
	404.508	Defeat the purpose of Title II.
	404.509	Against equity and good conscience; defined.
	404.510	When an individual is ``without fault'' in a deduction overpayment.
	404.510a	When an individual is ``without fault'' in an entitlement overpayment.
	404.511	When an individual is at ``fault'' in a deduction overpayment.
	404.512	When adjustment or recovery of an overpayment will be waived.
	404.513	Liability of a certifying officer.
	404.515	Collection and compromise of claims for overpayment.
	404.520	Referral of overpayments to the Department of the Treasury for tax refund offset--General.
	404.521	Notice to overpaid individual.
	404.522	Review within SSA that an overpayment is past due and legally enforceable.
	404.523	Findings by SSA.
	404.524	Review of our records related to the overpayment.
	404.525	Suspension of offset.
	404.526	Tax refund insufficient to cover amount of overpayment.
	404.527	Additional methods for recovery of title II benefit overpayments.
	404.601	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	Filing of application with Social Security Administration.
	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.
	404.620	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.