This subpart contains the Social Security Administration's rules for filing a claim for old-age, disability, dependents', and survivors' insurance benefits as described in subpart D of part 404. It tells what an application is, who may sign it, where and when it must be signed and filed, the period of time it is in effect and how it may be withdrawn. This subpart also explains when a written statement, request, or notice will be considered filed. Since the application form and procedures for filing a claim under this subpart are the same as those used to establish entitlement to Medicare benefits under 42 CFR part 405, persons who wish to become entitled to Medicare benefits should refer to the provisions of this subpart. Requirements concerning applications for the black lung benefits program are contained in part 410. Requirements concerning applications for the supplemental security income program are contained in part 416. Part 422 contains the requirements for applying for a social security number.
Notes of Decisions
Ann Hansen v. Patricia Roberts Harris, Sec'y of Health, Educ. & Welfare, 619 F.2d 942 (2d Cir. 1980).
· cites it 5× “§ 402 (g)(1)(D), 4 and (j)(l), 5 and 20 C.F.R. § 404.601 . 6 He also held that the oral contact made by the claimant on June 12, 1974 could not be considered to satisfy the requirements for filing a written application, either as a matter of law or on the basis of equitable…”
Schweiker v. Hansen, 450 U.S. 785 (1981).
· cites it 2× “20 CFR § 404.601 (1974). [1] The SSA's Claims Manual, an internal Administration handbook, instructs field representatives to advise applicants of the advantages of filing written applications and to recommend to applicants who are uncertain about their eligibility that they…”
Holmes Ex Rel. Thompson v. Weinberger, 423 F. Supp. 149 (E.D.N.Y 1976).
· cites it 3× “20 CFR § 404.601 (c) states that “[u]nless otherwise specified, the term ‘application’ refers only to an application on a form prescribed in [20 CFR] § 404.”
Samuels v. Heckler, 668 F. Supp. 656 (W.D. Tenn. 1986).
“However, these general regulations, which are apparently intended to apply only to the initial application process, 20 C.F.R. § 404.601 , are in direct conflict with the specific terms of the 1984 Act.”
Adams v. Califano, 474 F. Supp. 974 (D. Maryland 1979).
“20 C.F.R. §§ 404.601 -.619, 416.-300-.345 (1978).”
Leimbach v. Califano, 596 F.2d 300 (8th Cir. 1979).
“20 C.F.R. §§ 404.601 (c) and (d) provide: (c) Application defined.”
Giles v. Carlin, 641 F. Supp. 629 (E.D. Mich. 1986).
“20 C.F.R. § 404.601 (1974). 12 . The Seventh Circuit, which held the time limits to be jurisdictional, observed in dicta that the characterization of the deadlines would usually be of little consequence because of the difficulty of invoking estoppel against the government.”
Warren v. United States Dep't of the Interior Bureau of Land Mgmt., 724 F.2d 776 (9th Cir. 1984).
“See 20 C.F.R. § 404.601 (1982). The Supreme Court recently upheld the application of this regulation even in a situation where a representative of the Social Security Administration had erroneously told the claimant that she was not eligible under the Act.”
Leimbach ex rel. Leimbach v. Califano, 450 F. Supp. 245 (E.D. Mo. 1978).
“Title 20 C.F.R. § 404.601 et seq. requires that such application be in writing on a form provided by the Social Security Administration.”
Coty v. Harris, 495 F. Supp. 452 (W.D. Va. 1980).
“§§ 402 (g)(1)(D), and (j)(l), and 20 C.F.R. § 404.601 . Plaintiff, through counsel, filed this suit on October 19, 1979, seeking review of the Secretary’s decision.”
Messing v. Finch, 322 F. Supp. 1279 (E.D. Pa. 1971).
“Social Security Administration, 20 C.F.R. § 404.601 et seq. The Act and Regulations promulgated thereunder clearly indicate the filing of a proper application is a substantive condition precedent to entitlement to a Lump-Sum Death Payment.”
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