This subpart describes the standards of performance and administrative requirements and procedures for States making determinations of disability for the Commissioner under title II of the Act. It also establishes the Commissioner's responsibilities in carrying out the disability determination function.
(a) Sections 404.1601 through 404.1603 describe the purpose of the regulations and the meaning of terms frequently used in the regulations. They also briefly set forth the responsibilities of the Commissioner and the States covered in detail in other sections.
(b) Sections 404.1610 through 404.1618 describe the Commissioner's and the State's responsibilities in performing the disability determination function.
(c) Sections 404.1620 through 404.1633 describe the administrative responsibilities and requirements of the States. The corresponding role of the Commissioner is also set out.
(d) Sections 404.1640 through 404.1650 describe the performance accuracy and processing time standards for measuring State agency performance.
(e) Sections 404.1660 through 404.1661 describe when and what kind of assistance the Commissioner will provide State agencies to help them improve performance.
(f) Sections 404.1670 through 404.1675 describe the level of performance below which the Commissioner will consider a State agency to be substantially failing to make disability determinations consistent with the regulations and other written guidelines and the resulting action the Commissioner will take.
(g) Sections 404.1680 through 404.1683 describe the rules for resolving disputes concerning fiscal issues and providing hearings when we propose to find that a State is in substantial failure.
(h) Sections 404.1690 through 404.1694 describe when and what action the Commissioner will take and what action the State will be expected to take if the Commissioner assumes the disability determination function from a State agency.
[46 FR 29204, May 29, 1981, as amended at 62 FR 38451, July 18, 1997; 71 FR 16445, Mar. 31, 2006; 76 FR 24808, May 3, 2011]
Notes of Decisions
Cited in
21
cases, 1969–1996 · leading case:
Barnes v. Reagen, 501 F. Supp. 215 (N.D. Iowa 1980).
Barnes v. Reagen, 501 F. Supp. 215 (N.D. Iowa 1980).
· cites it 5× “There is another, related reason for striking down defendant’s practices-to allow defendant to attribute plaintiff’s OAS-DI benefits to plaintiff and Day Twan as income violates the letter and spirit of 20 CFR § 404.1601 et seq. by removing all the discretion of Delores, the…”
Vecchione v. Wohlgemuth, 426 F. Supp. 1297 (E.D. Pa. 1977).
· cites it 2× “§ 405 (j)(1970) and 20 C.F.R. § 404.1601 et seq. These are quoted in the Appendix at pp.”
Johnson v. Harder, 383 F. Supp. 174 (D. Conn. 1974).
· cites it 2× “Johnson receives the payments due to these children by virtue of her appointment as representative payee under the terms of 20 C.F.R. § 404.1601 (1974). 2 Under 20 C.”
Fuller v. Fuller, 360 N.E.2d 357 (Ohio Ct. App. 1976).
“the mother is receiving the- benefit *226 checks as' the representative payee of her children (20 C. F. R., Section 404.1601). In this capacity, the mother is required to apply the benefit checks toward the current maintenance of the children (20 C.”
McNeal v. Cofield, 603 N.E.2d 436 (Ohio Ct. App. 1992).
“(20 C.F.R., Section 404.1601). In this capacity, the mother is required to apply the benefits checks toward the current maintenance of the children (20 C.”
Stieberger v. Sullivan, 792 F. Supp. 1376 (S.D.N.Y. 1992).
“(c) Office of Disability Determinations (“ODD”) — The state agency that decides disability claims in the State of New York at the initial and reconsideration levels of administrative review on behalf of SSA pursuant to 20 C.F.R. §§ 404.1601 ff; 416.-1000 ff. (d) Decisionmakers —…”
Hennagin v. Cnty. of Yolo, 481 F. Supp. 923 (E.D. Cal. 1979).
“§ 405 (i), (j); 20 C.F.R. § 404.1601 . Thus the Court hereby holds that the support obligations of Frank Hennagin, the father, upon whose account the children’s disability benefits derive, cannot be satisfied pursuant to 42 U.”
Givens v. Rose, 383 N.E.2d 448 (Ind. Ct. App. 1978).
“” 20 CFR § 404.1601 . “S 404.1605 CONSERVATION AND INVESTMENT OF PAYMENTS.”
Shields v. Katz, 143 A.D.2d 743 (N.Y. App. Div. 1988).
“Although the State mental facility became the representative payee of the plaintiffs’ Social Security benefits pursuant to the Social Security Act and its regulations ( 42 USC § 405 [j]; 20 CFR 404.1601 et seq.), the plaintiffs’ challenge is not directed at the meaning or…”
Dixon v. Sullivan, 792 F. Supp. 942 (S.D.N.Y. 1992).
“See 20 C.F.R. §§ 404.1601 , et seq. In New York State, the Office of Disability Determinations (“ODD”) is the state agency that adjudicates claims at the first two tiers.”
Carr v. Commonwealth, 398 A.2d 1088 (Pa. Commw. Ct. 1979).
“See 20 C.F.R. §404.1601 et seq. (1978). In summary, these regulations require that the representative payee apply the certified payments for the use and benefit of the beneficiary and that he use the payments for the support of the beneficiary’s family only after the…”
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