20 C.F.R. § 404.1

Introduction

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The regulations in this part 404 (Regulations No. 4 of the Social Security Administration) relate to the provisions of title II of the Social Security Act as amended on August 28, 1950, and as further amended thereafter. The regulations in this part are divided into 22 subparts:

(a) Subpart A contains provisions relating to general definitions and use of terms.

(b) Subpart B relates to quarters of coverage and insured status requirements.

(d) Subpart D relates to the requirements for entitlement to monthly benefits and to the lump-sum death payment duration of entitlement and benefit rates.

(e) Subpart E contains provisions relating to the reduction and increase of insurance benefits and to deductions from benefits and lump-sum death payments.

(f) Subpart F relates to overpayments, underpayments, waiver of adjustment or recovery of overpayments and liability of certifying officers.

(g) Subpart G relates to filing of applications and other forms.

(h) Subpart H relates to evidentiary requirements for establishing an initial and continuing right to monthly benefits and for establishing a right to lump-sum death payment. (Evidentiary requirements relating to disability are contained in subpart P.)

(i) Subpart I relates to maintenance and revision of records of wages and self-employment income.

(j) Subpart J relates to initial determinations, the administrative review process, and reopening of determinations and decisions.

(k) Subpart K relates to employment, wages, self-employment and self-employment income.

(l) Subpart L is reserved.

(m) Subpart M relates to coverage of employees of State and local Governments.

(n) Subpart N relates to benefits in cases involving veterans.

(o) Subpart O relates to the interrelationship of the old-age, survivors and disability insurance program with the railroad retirement program.

(p) Subpart P relates to the determination of disability or blindness.

(q) Subpart Q relates to standards, requirements and procedures for States making determinations of disability for the Commissioner. It also sets out the Commissioner's responsibilities in carrying out the disability determination function.

(r) Subpart R relates to the provisions applicable to attorneys and other individuals who represent applicants in connection with claims for benefits.

(s) Subpart S relates to the payment of benefits to individuals who are entitled to benefits.

(t) Subpart T relates to the negotiation and administration of totalization agreements between the United States and foreign countries.

(u) Subpart U relates to the selection of a representative payee to receive benefits on behalf of a beneficiary and to the duties and responsibilities of a representative payee.

(v) Subpart V relates to payments to State vocational rehabilitative agencies for vocational rehabilitation services.

[26 FR 7054, Aug. 5, 1961; 26 FR 7760, Aug. 19, 1961, as amended at 27 FR 4513, May 11, 1962; 28 FR 14492, Dec. 31, 1963; 51 FR 11718, Apr. 7, 1986; 62 FR 38450, July 18, 1997; 83 FR 62456, Dec. 4, 2018]

Notes of Decisions

Cited in 84 cases (43 in the last 5 years), 1970–2026 · leading case: Thomas E. McCartey v. Larry G. Massanari, Acting Comm'r of Soc. Sec. Admin., 298 F.3d 1072 (9th Cir. 2002).

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Thomas E. McCartey v. Larry G. Massanari, Acting Comm'r of Soc. Sec. Admin., 298 F.3d 1072 (9th Cir. 2002). “(VA ratings) with 20 C.F.R. § 404.1 et seq (Social Security Disability).”

Claire McDonald v. Sec'y of Health & Human Servs., 795 F.2d 1118 (1st Cir. 1986). “1984) and the regulations codified at 20 C.F.R. §§ 404.1 et seq. (1986) pertain to the OASDI program under Title II of the Social Security Act.”

Frank Regula v. Delta Fam.-Care Disability Survivorship Plan, 266 F.3d 1130 (9th Cir. 2001). “§§ 401-433 ; 20 C.F.R. §§ 404.1 -.2127, 416.101-.2227.”

Leslie Sun v. Carolyn Colvin, Acting Cmsnr, 793 F.3d 502 (5th Cir. 2015). “See 20 C.F.R. § 404.1 . Part 416 relates to supplemental security income.”

Vitti v. Allstate Ins., 713 A.2d 1269 (Conn. 1998). “§ 423 and 20 C.F.R. § 404.1 et seq. As a consequence, prior to the time of trial, the plaintiff had received social security disability benefits in the amount of $63,577.”

Riley v. Apfel, 88 F. Supp. 2d 572 (W.D. Va. 2000). “Part 404, "Federal Old-Age, Survivors and Disability Insurance (1950-),” relate to title II of the Social Security Act, see 20 C.F.R. § 404.1 (1999), whereas Part 416, "Supplemental Security Income for the Aged, Blind, and Disabled,” relate to title XVI of the Social Security…”

Evans v. Comm'r of Soc. Sec., 110 F. Supp. 3d 518 (S.D.N.Y. 2015). “See 20 C.F.R. §§ 404.1 , 404.1520(a)(4) (2014); see also Burgess, 537 F.”

McCleary v. Colvin, 187 F. Supp. 3d 497 (M.D. Penn. 2016). “(VA ratings) with 20 C.F.R. § 404.1 et seq (Social Security Disability)”).”

MACHIA v. Astrue, 670 F. Supp. 2d 326 (D. Vt. 2009). “(VA ratings) with 20 C.F.R. § 404.1 et seq. (Social Security Disability); 20.”

Puente v. Comm'r of Soc. Sec., 130 F. Supp. 3d 881 (S.D.N.Y. 2015). “See 20 C.F.R. §§ 404.1 , 404.1520(a)(4) (20Í4); see also Burgess, 537 F.”

McDonald v. Heckler, 612 F. Supp. 293 (D. Mass. 1985). “The regulations in 20 C.F.R. § 404.1 et seq. relate to Title II of the Social Security Act ("SSI”), the regulations in 20 C.”

Ostroff v. State of Fla., Dept. of Health, 554 F. Supp. 347 (M.D. Fla. 1983). “§ 405 (g) states: Any individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within 60 days after the mailing to him of notice…”

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