20 C.F.R. PART 408--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
TITLE 20--Employees' Benefits
CHAPTER III--SOCIAL SECURITY ADMINISTRATION
PART 408--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
Subpart A--INTRODUCTION, GENERAL PROVISION AND DEFINITIONS
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| Purpose and administration of the program.
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| General definitions and use of terms.
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| Periods of limitations ending on Federal nonworkdays.
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Subpart B--SVB QUALIFICATION AND ENTITLEMENT
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| What is this subpart about?
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| How do you qualify for SVB?
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| What conditions will prevent you from qualifying for SVB or being entitled to receive SVB payments?
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| What happens when you apply for SVB?
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| What happens if you establish residence outside the United States within 4 calendar months?
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| What happens if you do not establish residence outside the United States within 4 calendar months?
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| What happens if you are a qualified individual already residing outside the United States?
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| Are you a World War II veteran?
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| Do you meet the SSI eligibility requirements?
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| Do you have other benefit income?
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| How does your other benefit income affect your SVB?
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| How do we determine the monthly amount of your other benefit income?
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| What happens if you begin receiving other benefit income after you become entitled to SVB?
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| When do we consider you to be residing outside the United States?
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| When must you begin residing outside the United States?
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| When do you lose your foreign resident status?
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| Can you continue to receive SVB payments if you stay in the United States for more than 1 full calendar month?
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Subpart C--FILING APPLICATIONS
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| What is this subpart about?
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| Why do you need to file an application to receive benefits?
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| What makes an application a claim for SVB?
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| Who may sign your application?
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| What evidence shows that a person has authority to sign an application for you?
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| When is your application considered filed?
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| How long will your application remain in effect?
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| When will we use a written statement as your filing date?
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| When will we use the date of an oral inquiry as your application filing date?
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| What happens if we give you misinformation about filing an application?
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| Can you withdraw your application?
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| Can you cancel your request to withdraw your application?
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Subpart D--EVIDENCE REQUIREMENTS
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| What is this subpart about?
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| When do you need to give us evidence?
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| Where should you give us your evidence?
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| What happens if you fail to give us the evidence we ask for?
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| When do we require original records or copies as evidence?
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| How do we evaluate the evidence you give us?
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| When do you need to give us evidence of your age?
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| What kinds of evidence of age do you need to give us?
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| How do we evaluate the evidence of age you give us?
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| What evidence of World War II military service do you need to give us?
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| How do we establish your eligibility for SSI?
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| When do you need to give us evidence of your other benefit income?
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| What kind of evidence of your other benefit income do you need to give us?
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| How do you prove that you are residing outside the United States?
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| How do you prove that you had good cause for staying in the United States for more than 1 full calendar month?
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Subpart E--AMOUNT AND PAYMENT OF BENEFITS
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| What is this subpart about?
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| How do we determine the amount of your SVB payment?
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| How do we reduce your SVB when you receive other benefit income?
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| When do we make SVB payments?
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Subpart F--REPRESENTATIVE PAYMENT
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| What is this subpart about?
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| When will we send your SVB payments 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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| What information do we consider in determining whether we will pay your benefits to a representative payee?
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| What information do we consider in selecting the proper representative payee for you?
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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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| What are the responsibilities of your representative payee?
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| How must your representative payee use your benefits?
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| Who is liable if your representative payee misuses your benefits?
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| What must your representative payee do with unused benefits?
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| When will we select a new representative payee for you?
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| When will we stop making your payments to a representative payee?
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| What happens to your accumulated funds when your representative payee changes?
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| How does your representative payee account for the use of your SVB payments?
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Subpart G--REPORTING REQUIREMENTS
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| What is this subpart about?
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| What events must you report to us?
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| What must your report include?
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| How should you make your report?
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Subpart H--SUSPENSIONS AND TERMINATIONS
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| What is this subpart about?
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| When will we suspend your SVB payments?
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| What happens to your SVB payments if you fail to comply with our request for information?
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| What happens to your SVB payments if you are no longer residing outside the United States?
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| What happens to your SVB payments if you begin receiving additional benefit income?
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| What happens to your SVB payments if you are removed (including deported) from the United States?
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| What happens to your SVB payments if you are fleeing to avoid criminal prosecution or custody or confinement after conviction, or because you violate a condition of probation or parole?
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| What happens to your SVB payments if you are not a citizen or national of the United States and you begin residing in a Treasury-restricted country?
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| Can you request termination of your SVB entitlement?
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| When does SVB entitlement end due to death?
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| When does SVB entitlement terminate if your benefit payments have been in suspense for 12 consecutive months?
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| Will we send you a notice of intended action affecting your SVB payment status?
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Subpart I--UNDERPAYMENTS AND OVERPAYMENTS
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| What is this subpart about?
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| How do we determine the amount of an underpayment or overpayment?
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| How will you receive an underpayment?
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| Will we withhold or adjust an underpayment to reduce an overpayment if that overpayment occurred in a different period?
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| When will we waive recovery of an SVB overpayment?
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| What happens when we waive recovery of an SVB overpayment?
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| When are you without fault regarding an overpayment?
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| When would overpayment recovery defeat the purpose of the title VIII program?
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| When would overpayment recovery be against equity and good conscience?
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| What notices will you receive if you are overpaid or underpaid?
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| When will we seek refund of an SVB overpayment?
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| When will we adjust your SVB payments to recover an overpayment?
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| Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment?
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| Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments?
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| How much will we withhold from your title II and title XVI benefits to recover a title VIII 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 your current monthly benefits?
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| When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset?
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| Will we notify you before we refer an SVB overpayment for tax refund offset?
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| Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable?
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| What happens after we make our determination on your request for review or your request for waiver?
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| How can you review our records related to an SVB overpayment?
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| When will we suspend tax refund offset?
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| What happens if your tax refund is insufficient to cover the amount of your SVB overpayment?
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| Will we accept a compromise settlement of an overpayment debt or suspend or terminate collection of an overpayment?
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Subpart J--DETERMINATIONS AND THE ADMINISTRATIVE REVIEW PROCESS
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| What is this subpart about?
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| What is an initial determination?
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| Which administrative actions are initial determinations?
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| Which administrative actions are not initial determinations?
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| Will we mail you a notice of the initial determination?
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| What is the effect of an initial determination?
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| How do you request reconsideration?
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| How do we determine whether you had good cause for missing the deadline to request review?
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| What are the methods for reconsideration?
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| What procedures apply if you request reconsideration of an initial determination on your application for SVB?
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| What procedures apply if you request reconsideration of an initial determination that results in suspension, reduction, or termination of your SVB?
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| What happens if you request a conference?
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| How do we make our reconsidered determination?
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| How does the reconsidered determination affect you?
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| How will we notify you of our reconsidered determination?
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| When can you use the expedited appeals process?
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| When can you request a hearing before an administrative law judge (ALJ)?
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| What procedures apply if you request an ALJ hearing?
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| When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request?
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| What happens if a Federal Court remands your case to the Commissioner?
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| When will we reopen a final determination?
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Subpart K--REPRESENTATION OF PARTIES
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| Can you appoint someone to represent you?
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Subpart L--FEDERAL ADMINISTRATION OF STATE RECOGNITION PAYMENTS
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| What are State recognition payments?
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| How can a State have SSA administer its State recognition payment program?
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| What are the essential elements of an administration agreement?
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| How do you establish eligibility for Federally administered State recognition payments?
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| How do we pay Federally administered State recognition payments?
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| What happens if you receive an overpayment?
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| What happens if you are underpaid?
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| Can you waive State recognition payments?
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| How does the State transfer funds to SSA to administer its recognition payment program?
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