(a) General. We will work with the State to provide and maintain an effective system for processing claims of those who apply for and who are receiving benefits under the disability program. We will provide program standards, leadership, and oversight. We do not intend to become involved in the State's ongoing management of the program except as is necessary and in accordance with these regulations. The State will comply with our regulations and other written guidelines.
(b) Our responsibilities. We will:
(1) Periodically review the regulations and other written guidelines to determine whether they insure effective and uniform administration of the disability program. To the extent feasible, we will consult with and take into consideration the experience of the States in issuing regulations and guidelines necessary to insure effective and uniform administration of the disability program;
(2) Provide training materials or in some instances conduct or specify training, see § 404.1622;
(3) Provide funds to the State agency for the necessary cost of performing the disability determination function, see § 404.1626;
(4) Monitor and evaluate the performance of the State agency under the established standards, see §§ 404.1644 and 404.1645; and
(5) Maintain liaison with the medical profession nationally and with national organizations and agencies whose interests or activities may affect the disability program.
(c) Responsibilities of the State. The State will:
(1) Provide management needed to insure that the State agency carries out the disability determination function so that disability determinations are made accurately and promptly;
(2) Provide an organizational structure, adequate facilities, qualified personnel, medical consultant services, designated quick disability determination examiners (§§ 404.1619 and 404.1620(c)), and a quality assurance function (§§ 404.1620 through 404.1624);
(3) Furnish reports and records relating to the administration of the disability program (§ 404.1625);
(4) Submit budgets (§ 404.1626);
(5) Cooperate with audits (§ 404.1627);
(6) Insure that all applicants for and recipients of disability benefits are treated equally and courteously;
(7) Be responsible for property used for disability program purposes (§ 404.1628);
(8) Take part in the research and demonstration projects (§ 404.1629);
(9) Coordinate with other agencies (§ 404.1630);
(10) Safeguard the records created by the State in performing the disability determination function (§ 404.1631);
(11) Comply with other provisions of the Federal law and regulations that apply to the State in performing the disability determination function;
(12) Comply with other written guidelines (§ 404.1633);
(13) Maintain liaison with the medical profession and organizations that may facilitate performing the disability determination function; and
(14) Assist us in other ways that we determine may promote the objectives of effective and uniform administration.
[46 FR 29204, May 29, 1981, as amended at 72 FR 51177, Sept. 6, 2007]
Notes of Decisions
Cited in
20
cases (
3 in the last 5 years), 1969–2024 · leading case:
Snider v. Creasy, 548 F. Supp. 601 (S.D. Ohio 1982).
Snider v. Creasy, 548 F. Supp. 601 (S.D. Ohio 1982).
· cites it 3× “The Courts in Riddick and Barnes found that the “deeming” of OASDI payments made through a representative payee conflicted with 20 C.F.R. § 404.1603 , which provides in pertinent part A relative or other person to whom certification of payment is made on behalf of a beneficiary…”
Johnson v. Harder, 383 F. Supp. 174 (D. Conn. 1974).
· cites it 3× “2 Under 20 C.F.R. § 404.1603 (1974), Mrs. Johnson, as representative payee, is charged with the responsibility of using such payments only for the “use and benefit of such beneficiary in the manner and for the purposes determined by [her] to be in the beneficiary’s best interest.”
Barnes v. Reagen, 501 F. Supp. 215 (N.D. Iowa 1980).
· cites it 3× “Because of 20 CFR § 404.1603 , plaintiff asserts that her OASDI benefits are not “income” to her insofar as AFDC is concerned.”
Stieberger v. Heckler, 615 F. Supp. 1315 (S.D.N.Y. 1985).
“§ 421 (a)(2); 20 C.F.R. §§ 404.1603 (a), 416.1003(a). 39 .”
Leone v. Blum, 73 A.D.2d 252 (N.Y. App. Div. 1980).
“, that the proceeds of such benefits will seldom become an available resource), as the applicable Federal regulations provide, inter alia, that OASDI benefits are expendable by the fiduciary (in the instant case, petitioner Leone) "only for the use and benefit of [the]…”
Snowberger v. Toia, 60 A.D.2d 783 (N.Y. App. Div. 1977).
“However, this position disregards the requirement that Hilde apply the Social Security payment "only for the use and benefit of such beneficiary in the manner and for the purposes determined by [her] to be in the beneficiary’s best interest” (20 CFR 404.1603). While the payments…”
Vailes v. D'Elia, 77 A.D.2d 45 (N.Y. App. Div. 1980).
“) Moreover, the State commissioner was not authorized to compel petitioner, as representative payee of the OASDI funds for her two beneficiary children, to apply those funds towards the support of herself or her nonbeneficiary child (20 CFR 404.”
Johnson v. Harder, 318 F. Supp. 1274 (D. Conn. 1970).
“” Other federal regulations require that a representative payee under the OASDI program “apply the payments * * * only for the use and benefit of [the] beneficiary,” 20 C.F.R. § 404.1603 (1970), and conserve or invest on the beneficiary’s behalf payments not needed for the…”
Emerick v. Commonwealth, 407 A.2d 1378 (Pa. Commw. Ct. 1979).
“20 C.F.R. §§404.1603 and 404.1604. If a beneficiary’s current maintenance needs are being reasonably met, however, the representative payee may use part of the payments for the support of the beneficiary’s legally dependent spouse.”
State v. Kosiorek, 259 A.2d 151 (Conn. App. Ct. 1969).
“” 20 C.F.R. § 404.1603 . “Where a beneficiary is confined in a .”
Riddick ex rel. Riddick v. D'Elia, 626 F.2d 1084 (2d Cir. 1980).
· cites it 4× “” 20 CFR § 404.1603 . A willful conversion of such monies to a use other than “for the use and benefit” of Constance would expose Eugene to criminal liability *1086 under 42 U.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.