20 C.F.R. PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )
TITLE 20--Employees' Benefits
CHAPTER III--SOCIAL SECURITY ADMINISTRATION
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )
Subpart A--INTRODUCTION, GENERAL PROVISIONS AND DEFINITIONS
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| General definitions and use of terms.
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Subpart B--INSURED STATUS AND QUARTERS OF COVERAGE
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| How we determine fully insured status.
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| When we consider a person fully insured based on World War II active military or naval service.
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| When we consider certain employees of private nonprofit organizations to be fully insured.
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| Table for determining the quarters of coverage you need to be fully insured.
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| How we determine currently insured status.
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| How we determine disability insured status.
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| When you must have disability insured status.
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| How we determine fully insured status for a period of disability or disability insurance benefits.
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| When we give you quarters of coverage based on military service to establish a period of disability.
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| What is a quarter of coverage.
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| How we credit quarters of coverage for calendar years before 1978.
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| How we credit self-employment income to calendar quarters for taxable years beginning before 1978.
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| How we credit quarters of coverage for calendar years after 1977.
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| How we credit self-employment income to calendar years for taxable years beginning after 1977.
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| When you acquire a quarter of coverage.
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| When a calendar quarter cannot be a quarter of coverage.
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Subpart C--COMPUTING PRIMARY INSURANCE AMOUNTS
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| What is included in this subpart?
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| Other regulations related to this subpart.
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| Methods of computing primary insurance amounts--general.
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| Average-indexed-monthly-earnings method.
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| Computing your average indexed monthly earnings.
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| Computing your primary insurance amount from your average indexed monthly earnings.
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| Computation where you are eligible for a pension based on your noncovered employment.
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| Average-monthly-wage method.
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| Computing your average monthly wage.
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| Use of benefit table in finding your primary insurance amount from your average monthly wage.
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| Steps in computing your primary insurance amount under the guaranteed alternative--general.
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| Computing your average monthly wage under the guaranteed alternative.
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| Adjustment of your guaranteed alternative when you become entitled after age 62.
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| Old-start method--general.
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| 1977 simplified old-start method.
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| Use of old-start primary insurance amount as guaranteed alternative.
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| Computation where you are eligible for a pension based on noncovered employment.
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| Special computation rules for people who had a period of disability.
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| Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended.
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| Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended.
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| Special minimum primary insurance amounts.
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| Computing your special minimum primary insurance amount.
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| Cost-of-living increases.
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| When automatic cost-of-living increases apply.
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| Indexes we use to measure the rise in the cost-of-living.
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| When are automatic cost-of-living increases effective?
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| What are the measuring periods we use to calculate cost-of-living increases?
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| How is an automatic cost-of-living increase calculated?
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| Publication of notice of increase.
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| When does the frozen minimum primary insurance amount increase because of cost-of-living adjustments?
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| Additional cost-of-living increase.
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| Why your primary insurance amount may be recomputed.
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| Effective date of recomputations.
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| Recomputation under method other than that used to find your primary insurance amount.
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| Recomputations for people who reach age 62, or become disabled, or die before age 62 after 1978.
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| Recomputations performed automatically.
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| How to request an immediate recomputation.
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| Recomputing when you are entitled to a monthly pension based on noncovered employment.
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Subpart D--OLD-AGE, DISABILITY, DEPENDENTS' AND SURVIVORS' INSURANCE BENEFITS; PERIOD OF DISABILITY
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| Other regulations related to this subpart.
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| What are the general rules on benefit amounts?
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| When you may not be entitled to benefits.
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| When am I entitled to old-age benefits?
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| When does my entitlement to old-age benefits begin and end?
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| How is my old-age benefit amount calculated?
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| What are delayed retirement credits and how do they increase my old-age benefit amount?
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| Who is entitled to disability benefits?
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| When entitlement to disability benefits begins and ends.
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| How is the amount of my disability benefit calculated?
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| Who is entitled to a period of disability.
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| When a period of disability begins and ends.
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| When you may apply for a period of disability after a delay due to a physical or mental condition.
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| When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
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| 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.
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| Who is entitled to wife's or husband's benefits.
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| Who is entitled to wife's or husband's benefits as a divorced spouse.
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| When wife's and husband's benefits begin and end.
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| Wife's and husband's benefit amounts.
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| How do I become entitled to widow's or widower's benefits?
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| How do I become entitled to widow's or widower's benefits as a surviving divorced spouse?
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| When does my entitlement to widow's and widower's benefits start and end?
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| Widow's and widower's benefits amounts.
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| Who is entitled to mother's or father's benefits.
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| Who is entitled to mother's or father's benefits as a surviving divorced spouse.
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| When mother's and father's benefits begin and end.
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| Mother's and father's benefit amounts.
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| Your relationship by marriage to the insured.
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| Your relationship as wife, husband, widow, or widower under State law.
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| Your relationship as wife, husband, widow, or widower based upon a deemed valid marriage.
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| ''Living in the same household'' defined.
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| When a child living with you is ''in your care''.
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| When a child living apart from you is ''in your care''.
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| Who is entitled to child's benefits.
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| Who may be reentitled to child's benefits.
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| When does my entitlement to child's benefits begin and end?
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| Your relationship to the insured.
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| Who is the insured's natural child?
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| Who is the insured's legally adopted child.
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| Who is the insured's stepchild.
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| Who is the insured's grandchild or stepgrandchild.
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| Who is the insured's equitably adopted child.
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| When a child is dependent upon the insured person.
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| When a natural child is dependent.
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| When a legally adopted child is dependent.
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| When a stepchild is dependent.
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| When a grandchild or stepgrandchild is dependent.
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| When an equitably adopted child is dependent.
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| ''Contributions for support,'' ''one-half support,'' and ''living with'' the insured defined--determining first month of entitlement.
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| When you are a ''full-time elementary or secondary school student''.
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| When you are considered a full-time student during a period of nonattendance.
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| Who is entitled to parent's benefits.
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| When parent's benefits begin and end.
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| Parent's benefit amounts.
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| Parent's relationship to the insured.
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| Who is entitled to special age 72 payments.
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| When special age 72 payments begin and end.
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| Special age 72 payment amounts.
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| Reductions, suspensions, and nonpayments of special age 72 payments.
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| Who is entitled to the lump-sum death payment as a widow or widower who was living in the same household.
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| Who is entitled to the lump-sum death payment when there is no widow(er) who was living in the same household.
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Subpart E--DEDUCTIONS; REDUCTIONS; AND NONPAYMENTS OF BENEFITS
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| Deduction, reduction, and nonpayment of monthly benefits or lump-sum death payments.
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| When we do not pay benefits because of a disability beneficiary's work activity.
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| Interrelationship of deductions, reductions, adjustments, and nonpayment of benefits.
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| Reduction where total monthly benefits exceed maximum family benefits payable.
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| How reduction for maximum affects insured individual and other persons entitled on his earnings record.
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| Situations where total benefits can exceed maximum because of ''savings clause.''
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| Reduction for maximum because of retroactive effect of application for monthly benefits.
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| Reduction because of entitlement to other benefits.
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| Reduction of benefits based on disability on account of receipt of certain other disability benefits provided under Federal, State, or local laws or plans.
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| Reduction where spouse is receiving a Government pension.
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| Reduction of retroactive monthly social security benefits where supplemental security income (SSI) payments were received for the same period.
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| What is full retirement age?
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| How does SSA reduce my benefits when my entitlement begins before full retirement age?
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| How are benefits reduced for age when a person is entitled to two or more benefits?
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| After my benefits are reduced for age when and how will adjustments to that reduction be made?
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| After my benefits are reduced for age what happens if there is an increase in my primary insurance amount?
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| Deductions because of excess earnings.
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| Deductions because of noncovered remunerative activity outside the United States; 45 hour and 7-day work test.
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| ''Noncovered remunerative activity outside the United States,'' defined.
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| Persons deemed entitled to benefits based on an individual's earnings record.
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| How are deductions made when a beneficiary fails to have a child in his or her care?
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| Manner of making deductions.
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| Total amount of deductions where more than one deduction event occurs in a month.
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| Total amount of deductions where deduction events occur in more than 1 month.
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| Earnings in a taxable year.
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| Monthly and annual exempt amounts defined; excess earnings defined.
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| Excess earnings; method of charging.
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| Excess earnings; months to which excess earnings can or cannot be charged; grace year defined.
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| Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits.
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| Excess earnings; benefit rate subject to deductions because of excess earnings.
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| 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.
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| Partial monthly benefits; pro-rated share of partial payment exceeds the benefit before deduction for excess earnings.
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| Partial monthly benefits; insured individual and another person entitled (or deemed entitled) on the same earnings record both have excess earnings.
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| Definition of ''substantial services'' and ''services.''
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| Evaluation of factors involved in substantial services test.
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| Required reports of work outside the United States or failure to have care of a child.
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| Penalty deductions for failure to report within prescribed time limit noncovered remunerative activity outside the United States or not having care of a child.
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| Reports to Social Security Administration of earnings; wages; net earnings from self-employment.
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| Penalty deductions for failure to report earnings timely.
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| Good cause for failure to make required reports.
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| Request by Social Security Administration for reports of earnings and estimated earnings; effect of failure to comply with request.
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| Current suspension of benefits because an individual works or engages in self-employment.
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| Deductions where taxes neither deducted from wages of certain maritime employees nor paid.
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| Limiting deductions where total family benefits payable would not be affected or would be only partly affected.
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| Penalty for false or misleading statements.
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| Nonpayment of monthly benefits of aliens outside the United States.
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| Nonpayment of lump sum after death of alien outside United States for more than 6 months.
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| Nonpayment of hospital and medical insurance benefits of alien outside United States for more than 6 months.
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| Nonpayment of benefits of aliens outside the United States; ''foreign social insurance system,'' and ''treaty obligation'' exceptions defined.
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| How does deportation or removal from the United States affect the receipt of benefits?
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| Conviction for subversive activities; effect on monthly benefits and entitlement to hospital insurance benefits.
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| Conviction for subversive activities; effect on enrollment for supplementary medical insurance benefits.
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| Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory blindness is engaging in substantial gainful activity.
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| Nonpayment of benefits to prisoners.
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| Nonpayment of benefits where individual has not furnished or applied for a Social Security number.
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| Nonpayment of disability benefits due to noncompliance with rules regarding treatment for drug addiction or alcoholism.
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| Paying benefits in installments: Drug addiction or alcoholism.
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Subpart F--OVERPAYMENTS, UNDERPAYMENTS, WAIVER OF ADJUSTMENT OR RECOVERY OF OVERPAYMENTS, AND LIABILITY OF A CERTIFYING OFFICER
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| General applicability of section 204 of the Act.
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| Notice of right to waiver consideration.
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| Relation to provisions for reductions and increases.
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| Relationship to provisions requiring deductions.
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| When waiver may be applied and how to process the request.
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| Defeat the purpose of Title II.
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| Against equity and good conscience; defined.
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| When an individual is ''without fault'' in a deduction overpayment.
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| When an individual is ''without fault'' in an entitlement overpayment.
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| When an individual is at ''fault'' in a deduction overpayment.
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| When adjustment or recovery of an overpayment will be waived.
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| Liability of a certifying officer.
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| Collection and compromise of claims for overpayment.
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| Referral of overpayments to the Department of the Treasury for tax refund offset--General.
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| Notice to overpaid individual.
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| Review within SSA that an overpayment is past due and legally enforceable.
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| Review of our records related to the overpayment.
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| Tax refund insufficient to cover amount of overpayment.
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| Additional methods for recovery of title II benefit overpayments.
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| Are title VIII and title XVI benefits subject to adjustment to recover title II overpayments?
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| How much will we withhold from your title VIII and title XVI benefits to recover a title II overpayment?
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| Will you receive notice of our intention to apply cross-program recovery?
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| When will we begin cross-program recovery from current monthly benefits?
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Subpart G--FILING OF APPLICATIONS AND OTHER FORMS
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| You must file an application to receive benefits.
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| What makes an application a claim for benefits?
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| How do I file an application for Social Security benefits?
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| Who may sign an application.
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| Evidence of authority to sign an application for another.
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| When an application or other form is considered filed.
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| Claimant must be alive when an application is filed.
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| Pilot program for photographic identification of disability benefit applicants in designated geographic areas.
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| Filing before the first month you meet the requirements for benefits.
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| What happens if I file after the first month I meet the requirements for benefits?
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| Am I required to file for all benefits if I am eligible for old-age and husband's or wife's benefits?
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| Use of date of written statement as filing date.
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| Statements filed with the Railroad Retirement Board.
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| Statements filed with a hospital.
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| Deemed filing date in a case of misinformation.
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| Withdrawal of an application.
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| Cancellation of a request to withdraw.
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Subpart H--EVIDENCE
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| Your responsibility for giving evidence.
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| Failure to give requested evidence.
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| Original records or copies as evidence.
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| How we decide what is enough evidence.
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| Preferred evidence and other evidence.
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| When evidence of age is needed.
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| Type of evidence of age to be given.
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| Evidence of a person's death.
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| Evidence to presume a person is dead.
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| Rebuttal of a presumption of death.
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| When evidence of marriage is required.
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| Evidence of a valid ceremonial marriage.
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| Evidence of common-law marriage.
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| Evidence of a deemed valid marriage.
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| Evidence a marriage has ended.
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| When evidence of a parent or child relationship is needed.
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| Evidence you are a natural parent or child.
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| Evidence you are a stepparent or stepchild.
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| Evidence you are the legally adopting parent or legally adopted child.
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| Evidence you are an equitably adopted child.
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| Evidence you are the grandchild or stepgrandchild.
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| Evidence of a child's dependency.
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| Evidence of school attendance for child age 18 or older.
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| Evidence of a parent's support.
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| Evidence of living in the same household with insured person.
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| Evidence of having a child in your care.
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| Evidence of where the insured person had a permanent home.
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| Evidence of ''good cause'' for exceeding time limits on accepting proof of support or application for a lump-sum death payment.
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Subpart I--RECORDS OF EARNINGS
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| Conclusiveness of the record of your earnings.
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| How to obtain a statement of earnings and a benefit estimate statement.
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| The statement of earnings and benefit estimates you requested.
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| Statement of earnings and benefit estimates sent without request.
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| Filing a request for correction of the record of your earnings.
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| Correction of the record of your earnings before the time limit ends.
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| Correction of the record of your earnings after the time limit ends.
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| Correction of the record of your earnings for work in the employ of the United States.
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| Notice of removal or reduction of your wages.
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| Notice of removal or reduction of your self-employment income.
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Subpart J--DETERMINATIONS, ADMINISTRATIVE REVIEW PROCESS, AND REOPENING OF DETERMINATIONS AND DECISIONS
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| Administrative actions that are initial determinations.
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| Administrative actions that are not initial determinations.
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| Notice of the initial determination.
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| Effect of an initial determination.
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| Testing modifications to the disability determination procedures.
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| Reconsideration--general.
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| Parties to a reconsideration.
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| How to request reconsideration.
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| Good cause for missing the deadline to request review.
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| Reconsideration procedures.
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| Disability hearing--general.
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| Disability hearing--disability hearing officers.
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| Disability hearing--procedures.
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| Disability hearing--disability hearing officer's reconsidered determination.
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| Disability hearing--review of the disability hearing officer's reconsidered determination before it is issued.
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| Notice of another person's request for reconsideration.
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| Reconsidered determination.
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| Effect of a reconsidered determination.
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| Notice of a reconsidered determination.
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| Expedited appeals process--general.
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| When the expedited appeals process may be used.
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| How to request expedited appeals process.
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| Agreement in expedited appeals process.
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| Effect of expedited appeals process agreement.
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| Expedited appeals process request that does not result in agreement.
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| Hearing before an administrative law judge--general.
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| Availability of a hearing before an administrative law judge.
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| Parties to a hearing before an administrative law judge.
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| How to request a hearing before an administrative law judge.
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| Submitting evidence prior to a hearing before an administrative law judge.
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| Time and place for a hearing before an administrative law judge.
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| Notice of a hearing before an administrative law judge.
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| Objections to the issues.
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| Disqualification of the administrative law judge.
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| Prehearing proceedings and decisions by attorney advisors.
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| Responsibilities of the adjudication officer.
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| Administrative law judge hearing procedures--general.
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| Issues before an administrative law judge.
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| Deciding a case without an oral hearing before an administrative law judge.
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| Presenting written statements and oral arguments.
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| Presenting evidence at a hearing before an administrative law judge.
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| When a record of a hearing before an administrative law judge is made.
|
|
|
|
| Consolidated hearing before an administrative law judge.
|
|
|
|
| The decision of an administrative law judge.
|
|
|
|
| The effect of an administrative law judge's decision.
|
|
|
|
| Removal of a hearing request from an administrative law judge to the Appeals Council.
|
|
|
|
| Dismissal of a request for a hearing before an administrative law judge.
|
|
|
|
| Notice of dismissal of a request for a hearing before an administrative law judge.
|
|
|
|
| Effect of dismissal of a request for a hearing before an administrative law judge.
|
|
|
|
| Vacating a dismissal of a request for a hearing before an administrative law judge.
|
|
|
|
| Prehearing and posthearing conferences.
|
|
|
|
| Testing elimination of the request for Appeals Council review.
|
|
|
|
| Appeals Council review--general.
|
|
|
|
| How to request Appeals Council review.
|
|
|
|
| Appeals Council initiates review.
|
|
|
|
| Cases the Appeals Council will review.
|
|
|
|
| Dismissal by Appeals Council.
|
|
|
|
| Effect of dismissal of request for Appeals Council review.
|
|
|
|
| Notice of Appeals Council review.
|
|
|
|
| Obtaining evidence from Appeals Council.
|
|
|
|
| Filing briefs with the Appeals Council.
|
|
|
|
| Procedures before Appeals Council on review.
|
|
|
|
| Case remanded by Appeals Council.
|
|
|
|
| Decision of Appeals Council.
|
|
|
|
| Effect of Appeals Council's decision or denial of review.
|
|
|
|
| Extension of time to file action in Federal district court.
|
|
|
|
| Case remanded by a Federal court.
|
|
|
|
| Appeals Council review of administrative law judge decision in a case remanded by a Federal court.
|
|
|
|
| Application of circuit court law.
|
|
|
|
| Reopening and revising determinations and decisions.
|
|
|
|
| Conditions for reopening.
|
|
|
|
| Good cause for reopening.
|
|
|
|
| Finality of determinations and decisions on revision of an earnings record.
|
|
|
|
| Finality of determinations and decisions to suspend benefit payments for entire taxable year because of earnings.
|
|
|
|
| Late completion of timely investigation.
|
|
|
|
| Notice of revised determination or decision.
|
|
|
|
| Effect of revised determination or decision.
|
|
|
|
| Time and place to request a hearing on revised determination or decision.
|
|
|
|
| Finality of findings when later claim is filed on same earnings record.
|
|
|
|
| Increase in future benefits where time period for reopening expires.
|
|
|
|
| Payment of certain travel expenses--general.
|
|
|
|
| What travel expenses are reimbursable.
|
|
|
|
| When and how to claim reimbursement.
|
|
Subpart K--EMPLOYMENT, WAGES, SELF-EMPLOYMENT, AND SELF-EMPLOYMENT INCOME
|
|
| What work is covered as employment?
|
|
|
|
| Agent-driver or commission-driver, full-time life insurance salesman, home worker, or traveling or city salesman.
|
|
|
|
| Farm crew leader as employer.
|
|
|
|
| Work excluded from employment.
|
|
|
|
| Domestic service by a student for a local college club, fraternity or sorority.
|
|
|
|
| Foreign agricultural workers.
|
|
|
|
| Work by civilians for the United States Government or its instrumentalities--wages paid after 1983.
|
|
|
|
| Work by civilians for the United States Government or its instrumentalities--remuneration paid prior to 1984.
|
|
|
|
| Medicare qualified government employment.
|
|
|
|
| Work as a member of a uniformed service of the United States.
|
|
|
|
| Work for States and their political subdivisions and instrumentalities.
|
|
|
|
| Work for the District of Columbia.
|
|
|
|
| American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.
|
|
|
|
| Ministers of churches and members of religious orders.
|
|
|
|
| Election of coverage by religious orders.
|
|
|
|
| Work for religious, charitable, educational, or certain other organizations exempt from income tax.
|
|
|
|
| Work for a church or qualified church-controlled organization.
|
|
|
|
| Student working for a school, college, or university.
|
|
|
|
| Delivery and distribution or sale of newspapers, shopping news, and magazines.
|
|
|
|
| Work for a foreign government.
|
|
|
|
| Work for a wholly owned instrumentality of a foreign government.
|
|
|
|
| Work for an international organization.
|
|
|
|
| Work for a communist organization.
|
|
|
|
| Certain nonresident aliens.
|
|
|
|
| Work on or in connection with a non-American vessel or aircraft.
|
|
|
|
| Domestic employees under age 18.
|
|
|
|
| Employers (including partnerships) and employees who are both members of certain religious groups opposed to insurance.
|
|
|
|
| Wages when paid and received.
|
|
|
|
| Facilities or privileges--meals and lodging.
|
|
|
|
| Pay for work by certain members of religious orders.
|
|
|
|
| Contribution and benefit base after 1992.
|
|
|
|
| Payments under an employer plan or system.
|
|
|
|
| Payments on account of sickness or accident disability, or related medical or hospitalization expenses.
|
|
|
|
| Payments from or to certain tax-exempt trusts or payments under or into certain annuity plans.
|
|
|
|
| ''Qualified benefits'' under a cafeteria plan.
|
|
|
|
| Payments by an employer of employee's tax or employee's contribution under State law.
|
|
|
|
| Payments for agricultural labor.
|
|
|
|
| Explanation of agricultural labor.
|
|
|
|
| Domestic service in the employer's home.
|
|
|
|
| Deemed wages for certain individuals interned during World War II.
|
|
|
|
| Self-employment coverage.
|
|
|
|
| Trade or business in general.
|
|
|
|
| Employees who are considered self-employed.
|
|
|
|
| Real estate agents and direct sellers.
|
|
|
|
| Christian Science practitioners.
|
|
|
|
| Ministers and members of religious orders.
|
|
|
|
| Farm crew leader who is self-employed.
|
|
|
|
| Members of certain religious groups opposed to insurance.
|
|
|
|
| Individuals under railroad retirement system.
|
|
|
|
| Net earnings from self-employment.
|
|
|
|
| General rules for figuring net earnings from self-employment.
|
|
|
|
| Rentals from real estate; material participation.
|
|
|
|
| Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion.
|
|
|
|
| Net operating loss deduction.
|
|
|
|
| Figuring partner's net earnings from self-employment for taxable year which ends as a result of death.
|
|
|
|
| Retirement payment to retired partners.
|
|
|
|
| Figuring net earnings for residents and nonresidents of Puerto Rico.
|
|
|
|
| Personal exemption deduction.
|
|
|
|
| Figuring net earnings for ministers and members of religious orders.
|
|
|
|
| Figuring net earnings for U.S. citizens or residents living outside the United States.
|
|
|
|
| Possession of the United States.
|
|
|
|
| Options available for figuring net earnings from self-employment.
|
|
|
|
| Agricultural trade or business.
|
|
Subpart L--[RESERVED]
Subpart M--COVERAGE OF EMPLOYEES OF STATE AND LOCAL GOVERNMENTS
|
|
| Scope of this subpart regarding coverage and wage reports and adjustments.
|
|
|
|
| Evidence--for wages paid prior to 1987.
|
|
|
|
| Designating officials to act on behalf of the State.
|
|
|
|
| Absolute coverage groups.
|
|
|
|
| Retirement system coverage groups.
|
|
|
|
| Divided retirement system coverage groups.
|
|
|
|
| Mandatorily excluded services.
|
|
|
|
| Optionally excluded services.
|
|
|
|
| Interstate instrumentalities.
|
|
|
|
| Police officers and firefighters.
|
|
|
|
| Modification of agreement.
|
|
|
|
| Modification of agreement to correct an error.
|
|
|
|
| Continuation of coverage.
|
|
|
|
| Dissolution of political subdivision.
|
|
|
|
| Records--for wages paid prior to 1987.
|
|
|
|
| Reports of review's findings.
|
|
|
|
| Wage reports and contribution returns--general--for wages paid prior to 1987.
|
|
|
|
| Wage reports for employees performing services in more than one coverage group--for wages paid prior to 1987.
|
|
|
|
| Use of reporting forms--for wages paid prior to 1987.
|
|
|
|
| When to report wages--for wages paid prior to 1987.
|
|
|
|
| When and where to make deposits of contributions and to file contribution returns and wage reports--for wages paid prior to 1987.
|
|
|
|
| Final reports--for wages paid prior to 1987.
|
|
|
|
| State's liability for contributions--for wages paid prior to 1987.
|
|
|
|
| Limitation on State's liability for contributions for multiple employment situations--for wages paid prior to 1987.
|
|
|
|
| Amount of contributions--for wages paid prior to 1987.
|
|
|
|
| Manner of payment of contributions by State--for wages paid prior to 1987.
|
|
|
|
| When fractional part of a cent may be disregarded--for wages paid prior to 1987.
|
|
|
|
| Addition of interest to contributions--for wages paid prior to 1987.
|
|
|
|
| Failure to make timely payments--for wages paid prior to 1987.
|
|
|
|
| Adjustments in general--for wages paid prior to 1987.
|
|
|
|
| Adjustment of overpayment of contributions--for wages paid prior to 1987.
|
|
|
|
| Refund or recomputation of overpayments which are not adjustable--for wages paid prior to 1987.
|
|
|
|
| Adjustment of employee contributions--for wages paid prior to 1987.
|
|
|
|
| Reports and payments erroneously made to Internal Revenue Service-transfer of funds--for wages paid prior to 1987.
|
|
|
|
| Allowance of credits or refunds--for wages paid prior to 1987.
|
|
|
|
| Credits or refunds for periods of time during which no liability exists--for wages paid prior to 1987.
|
|
|
|
| Time limitations on credits or refunds--for wages paid prior to 1987.
|
|
|
|
| Exceptions to the time limitations on credits or refunds--for wages paid prior to 1987.
|
|
|
|
| Offsetting underpayments against overpayments--for wages paid prior to 1987.
|
|
|
|
| Assessments of amounts due--for wages paid prior to 1987.
|
|
|
|
| Time limitations on assessments--for wages paid prior to 1987.
|
|
|
|
| Exceptions to the time limitations on assessments--for wages paid prior to 1987.
|
|
|
|
| Payment after expiration of time limitation for assessment--for wages paid prior to 1987.
|
|
|
|
| Review of decisions by the Secretary--for wages paid prior to 1987.
|
|
|
|
| Reconsideration--for wages paid prior to 1987.
|
|
|
|
| How to request review--for wages paid prior to 1987.
|
|
|
|
| Time for filing request for review--for wages paid prior to 1987.
|
|
|
|
| Notification to State after reconsideration--for wages paid prior to 1987.
|
|
|
|
| Commissioner's review--for wages paid prior to 1987.
|
|
|
|
| Commissioner's notification to the State--for wages paid prior to 1987.
|
|
|
|
| Review by court--for wages paid prior to 1987.
|
|
|
|
| Time for filing civil action--for wages paid prior to 1987.
|
|
|
|
| Final judgments--for wages paid prior to 1987.
|
|
Subpart N--WAGE CREDITS FOR VETERANS AND MEMBERS OF THE UNIFORMED SERVICES
|
|
| Who is a World War II veteran.
|
|
|
|
| Ninety-day active service requirement for World War II veterans.
|
|
|
|
| World War II service included.
|
|
|
|
| World War II service excluded.
|
|
|
|
| Who is a post-World War II veteran.
|
|
|
|
| Ninety-day active service requirement for post-World War II veterans.
|
|
|
|
| Post-World War II service included.
|
|
|
|
| Post-World War II service excluded.
|
|
|
|
| Separation from active service under conditions other than dishonorable.
|
|
|
|
| Who is a member of a uniformed service.
|
|
|
|
| Wage credits for World War II and post-World War II veterans.
|
|
|
|
| Wage credits for a member of a uniformed service.
|
|
|
|
| Limits on granting World War II and post-World War II wage credits.
|
|
|
|
| When the limits on granting World War II and post-World War II wage credits do not apply.
|
|
|
|
| When deemed insured status does not apply.
|
|
|
|
| Benefits and payments based on deemed insured status.
|
|
|
|
| Veterans Administration pension or compensation payable.
|
|
|
|
| Federal benefit payable other than by Veterans Administration.
|
|
|
|
| Treatment of social security benefits or payments where Veterans Administration pension or compensation payable.
|
|
|
|
| Treatment of social security benefits or payments where Federal benefit payable other than by Veterans Administration.
|
|
|
|
| Evidence of active service and separation from active service.
|
|
|
|
| Evidence of membership in a uniformed service during the years 1957 through 1967.
|
|
Subpart O--INTERRELATIONSHIP OF OLD-AGE, SURVIVORS AND DISABILITY INSURANCE PROGRAM WITH THE RAILROAD RETIREMENT PROGRAM
|
|
| What is the interrelationship between the Railroad Retirement Act and the Old-Age, Survivors and Disability Insurance Program of the Social Security Act?
|
|
|
|
| When are railroad industry services by a non-vested worker covered under Social Security?
|
|
|
|
| Effective date of coverage of railroad services under the act.
|
|
|
|
| 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?
|
|
|
|
| Eligibility to railroad retirement benefits as a bar to payment of social security benefits.
|
|
|
|
| When railroad retirement benefits do not bar payment of social security benefits.
|
|
|
|
| Compensation to be treated as wages.
|
|
|
|
| Purposes of using compensation.
|
|
|
|
| Presumption on basis of certified compensation record.
|
|
|
|
| Compensation quarters of coverage.
|
|
|
|
| When will we certify payment to the Railroad Retirement Board (RRB)?
|
|
Subpart P--DETERMINING DISABILITY AND BLINDNESS
|
|
| General definitions and terms for this subpart.
|
|
|
|
| Who makes disability and blindness determinations.
|
|
|
|
| Determinations by other organizations and agencies.
|
|
|
|
| Basic definition of disability.
|
|
|
|
| When we will not consider your impairment.
|
|
|
|
| What is needed to show an impairment.
|
|
|
|
| How long the impairment must last.
|
|
|
|
| Meaning of substantial gainful activity.
|
|
|
|
| Definition of a disabling impairment.
|
|
|
|
| Medical and other evidence of your impairment(s).
|
|
|
|
| When we will purchase existing evidence.
|
|
|
|
| Where and how to submit evidence.
|
|
|
|
| If you fail to submit medical and other evidence.
|
|
|
|
| Consultative examination at our expense.
|
|
|
|
| If you do not appear at a consultative examination.
|
|
|
|
| The consultative examination.
|
|
|
|
| When we will purchase a consultative examination and how we will use it.
|
|
|
|
| When we will not purchase a consultative examination.
|
|
|
|
| Type of purchased examinations.
|
|
|
|
| Who we will select to perform a consultative examination.
|
|
|
|
| Other sources for consultative examinations.
|
|
|
|
| Objections to the medical source designated to perform the consultative examination.
|
|
|
|
| Purchase of medical examinations, laboratory tests, and other services.
|
|
|
|
| Diagnostic tests or procedures.
|
|
|
|
| Informing the medical source of examination scheduling, report content, and signature requirements.
|
|
|
|
| When a properly signed consultative examination report has not been received.
|
|
|
|
| Reviewing reports of consultative examinations.
|
|
|
|
| Authorizing and monitoring the consultative examination.
|
|
|
|
| Consultative examination oversight.
|
|
|
|
| Evaluation of disability in general.
|
|
|
|
| Evaluation of mental impairments.
|
|
|
|
| What we mean by an impairment(s) that is not severe.
|
|
|
|
| When you have two or more unrelated impairments--initial claims.
|
|
|
|
| Listing of Impairments in appendix 1.
|
|
|
|
| Evaluating opinion evidence.
|
|
|
|
| Symptoms, signs, and laboratory findings.
|
|
|
|
| How we evaluate symptoms, including pain.
|
|
|
|
| Need to follow prescribed treatment.
|
|
|
|
| How we will determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability.
|
|
|
|
| Treatment required for individuals whose drug addiction or alcoholism is a contributing factor material to the determination of disability.
|
|
|
|
| What we mean by appropriate treatment.
|
|
|
|
| What we mean by approved institutions or facilities.
|
|
|
|
| How we consider whether treatment is available.
|
|
|
|
| Evaluating compliance with the treatment requirements.
|
|
|
|
| Establishment and use of referral and monitoring agencies.
|
|
|
|
| Your residual functional capacity.
|
|
|
|
| Responsibility for assessing your residual functional capacity.
|
|
|
|
| When we will consider your vocational background.
|
|
|
|
| Medical-vocational profiles showing an inability to make an adjustment to other work.
|
|
|
|
| Your age as a vocational factor.
|
|
|
|
| Your education as a vocational factor.
|
|
|
|
| Your work experience as a vocational factor.
|
|
|
|
| Work which exists in the national economy.
|
|
|
|
| Physical exertion requirements.
|
|
|
|
| Listing of Medical-Vocational Guidelines in appendix 2.
|
|
|
|
| Exertional and nonexertional limitations.
|
|
|
|
| What we mean by substantial gainful activity.
|
|
|
|
| General information about work activity.
|
|
|
|
| Evaluation guides if you are an employee.
|
|
|
|
| When and how we will average your earnings.
|
|
|
|
| Evaluation guides if you are self-employed.
|
|
|
|
| Impairment-related work expenses.
|
|
|
|
| Disability defined for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991.
|
|
|
|
| How we determine disability for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991.
|
|
|
|
| How we will determine whether your disability continues or ends.
|
|
|
|
| Meaning of blindness as defined in the law.
|
|
|
|
| A period of disability based on blindness.
|
|
|
|
| How we determine disability for blind persons who are age 55 or older.
|
|
|
|
| Evaluation of work activity of blind people.
|
|
|
|
| Trial work period for persons age 55 or older who are blind.
|
|
|
|
| Why and when we will stop your cash benefits.
|
|
|
|
| Circumstances under which we may suspend your benefits before we make a determination.
|
|
|
|
| Your responsibility to tell us of events that may change your disability status.
|
|
|
|
| We may conduct a review to find out whether you continue to be disabled.
|
|
|
|
| When and how often we will conduct a continuing disability review.
|
|
|
|
| If your medical recovery was expected and you returned to work.
|
|
|
|
| The reentitlement period.
|
|
|
|
| What is expedited reinstatement?
|
|
|
|
| Who is entitled to expedited reinstatement?
|
|
|
|
| How do I request reinstatement?
|
|
|
|
| How do we determine provisional benefits?
|
|
|
|
| How do we determine reinstated benefits?
|
|
|
|
| Medical evidence in continuing disability review cases.
|
|
|
|
| How we will determine whether your disability continues or ends.
|
|
|
|
| When we determine that you are not now disabled.
|
|
|
|
| Circumstances under which we may suspend your benefits before we make a determination.
|
|
|
|
| After we make a determination that you are not now disabled.
|
|
|
|
| benefits pending appeal of a medical cessation determination.
|
|
|
|
| If you become disabled by another impairment(s).
|
|
|
|
| Work incentive experiments and rehabilitation demonstration projects in the disability program.
|
|
Subpart Q--DETERMINATIONS OF DISABILITY
|
|
| Basic responsibilities for us and the State.
|
|
|
|
| How a State notifies us that it wishes to perform the disability determination function.
|
|
|
|
| How we notify a State whether it may perform the disability determination function.
|
|
|
|
| Disability determinations the State makes.
|
|
|
|
| Responsibilities for obtaining evidence to make disability determinations.
|
|
|
|
| Making disability determinations.
|
|
|
|
| Medical or psychological consultants.
|
|
|
|
| Reasonable efforts to obtain review by a qualified psychiatrist or psychologist.
|
|
|
|
| Notifying claimants of the disability determination.
|
|
|
|
| General administrative requirements.
|
|
|
|
| Medical and other purchased services.
|
|
|
|
| Participation in research and demonstration projects.
|
|
|
|
| Coordination with other agencies.
|
|
|
|
| Confidentiality of information and records.
|
|
|
|
| Other Federal laws and regulations.
|
|
|
|
| Policies and operating instructions.
|
|
|
|
| Standards of performance.
|
|
|
|
| Processing time standards.
|
|
|
|
| Performance accuracy standard.
|
|
|
|
| How and when we determine whether the processing time standards are met.
|
|
|
|
| How and when we determine whether the performance accuracy standard is met.
|
|
|
|
| Action we will take if a State agency does not meet the standards.
|
|
|
|
| When we will provide performance support.
|
|
|
|
| What support we will provide.
|
|
|
|
| Good cause for not following the Act, our regulations, or other written guidelines.
|
|
|
|
| Finding of substantial failure.
|
|
|
|
| Notice of right to hearing on proposed finding of substantial failure.
|
|
|
|
| Disputes on matters other than substantial failure.
|
|
|
|
| Who conducts the hearings.
|
|
|
|
| Hearings and appeals process.
|
|
|
|
| Assumption when we make a finding of substantial failure.
|
|
|
|
| Assumption when State no longer wishes to perform the disability determination function.
|
|
|
|
| Protection of State employees.
|
|
|
|
| Limitation on State expenditures after notice.
|
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| Final accounting by the State.
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Subpart R--REPRESENTATION OF PARTIES
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| Who may be your representative.
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| Notification of options for obtaining attorney representation.
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| Appointing a representative.
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| Authority of a representative.
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| Notice or request to a representative.
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| Fee for a representative's services.
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| Request for approval of a fee.
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| Proceedings before a State or Federal court.
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| Services in a proceeding under title II of the Act.
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| Rules of conduct and standards of responsibility for representatives.
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| Violations of our requirements, rules, or standards.
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| Notice of charges against a representative.
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| Withdrawing charges against a representative.
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| Decision by hearing officer.
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| Requesting review of the hearing officer's decision.
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| Assignment of request for review of the hearing officer's decision.
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| Appeals Council's review of hearing officer's decision.
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| Evidence permitted on review.
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| Appeals Council's decision.
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| When the Appeals Council will dismiss a request for review.
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| Reinstatement after suspension--period of suspension expired.
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| Reinstatement after suspension or disqualification--period of suspension not expired.
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Subpart S--PAYMENT PROCEDURES
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| Expediting benefit payments.
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| Withholding certification or payments.
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| Transfer or assignment of payments.
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| Joint payments to a family.
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Subpart T--TOTALIZATION AGREEMENTS
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| Negotiating totalization agreements.
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| Effective date of a totalization agreement.
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| Termination of agreements.
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| Crediting foreign periods of coverage.
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| Person qualifies under more than one totalization agreement.
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| Effects of a totalization agreement on entitlement to hospital insurance benefits.
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| Precluding dual coverage.
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| Payment of contributions.
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| How benefits are computed.
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| How benefits are recomputed.
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| Supplementing the U.S. benefit if the total amount of the combined benefits is less than the U.S. minimum benefit.
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| Benefits of less than $1 due.
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| Effect of the alien non-payment provision.
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| Disclosure of information.
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Subpart U--REPRESENTATIVE PAYMENT
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| When payment will be made to a representative payee.
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| What happens to your monthly benefits while we are finding a suitable representative payee for you?
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| Information considered in determining whether to make representative payments.
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| Information considered in selecting a representative payee.
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| What is our order of preference in selecting a representative payee for you?
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| Who may not serve as a representative payee?
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| How do we investigate a representative payee applicant?
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| What information must a representative payee report to us?
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| How will we notify you when we decide you need a representative payee?
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| Responsibilities of a representative payee.
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| Compensation for qualified organizations serving as representative payees.
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| Who is liable if your representative payee misuses your benefits?
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| Conservation and investment of benefit payments.
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| When will we select a new representative payee for you?
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| When representative payment will be stopped.
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| Transfer of accumulated benefit payments.
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| How does your representative payee account for the use of benefits?
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Subpart V--PAYMENTS FOR VOCATIONAL REHABILITATION SERVICES
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| Participation by State VR agencies or alternate participants.
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| Basic qualifications for alternate participants.
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| Requirements for payment.
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| Responsibility for making payment decisions.
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| What we mean by ''SGA'' and by ''a continuous period of 9 months''.
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| Criteria for determining when VR services will be considered to have contributed to a continuous period of 9 months.
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| Payment for VR services in a case where an individual continues to receive disability payments based on participation in an approved VR program.
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| Services for which payment may be made.
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| When services must have been provided.
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| When claims for payment for VR services must be made (filing deadlines).
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| Applicability of these provisions to alternate participants.
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| Confidentiality of information and records.
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| Other Federal laws and regulations.
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