20 C.F.R. § 404.602

Definitions

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For the purpose of this subpart—

Applicant means the person who files an application for benefits for himself or herself or for someone else. A person who files for himself or herself is both the applicant and the claimant.

Application refers only to an application on a form described in § 404.611.

Benefits means any old-age, disability, dependents', and survivors' insurance benefits described in subpart D, including a period of disability.

Claimant means the person who files an application for benefits for himself or herself or the person for whom an application is filed.

We, us, or our means the Social Security Administration (SSA).

You or your means, as appropriate, the person who applies for benefits, the person for whom an application is filed, or the person who may consider applying for benefits.

Notes of Decisions

Cited in 6 cases, 1976–2015 · leading case: John Doe, on Behalf of Himself & All Others Similarly Situated v. United States, 372 F.3d 1347 (Fed. Cir. 2004).

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John Doe, on Behalf of Himself & All Others Similarly Situated v. United States, 372 F.3d 1347 (Fed. Cir. 2004). “The regulations promulgated pursuant to the Social Security Act required the application to be in writing, 20 C.F.R. § 404.602 (1974), and the Social Security manual required administrators to inform applicants that their applications must be filed in writing, Hansen, 450 U.”

Mercier v. United States, 786 F.3d 971 (Fed. Cir. 2015). “§ 402 (g)(1)(D), and a regulation required the application to be in writing, 20 C.F.R. § 404.602 (1974). When plaintiff asked a Social Security Administration field representative if she was eligible for a certain benefit, the representative erroneously told her that she was…”

Charles M. McCarthy Jr. v. Kenneth S. Apfel, Comm'r of the Soc. Sec. Admin., 221 F.3d 1119 (9th Cir. 2000). “” 20 C.F.R. § 404.602 . 6 . Indeed, it would make little sense for the district court to require the Commissioner to prove the fact of overpayments by a preponderance of the evidence and then, having triggered § 405(g), review this very same factual determination under the less…”

Loren S. Cheers v. Sec'y of Health, Educ., & Welfare of the United States, Defendant, 610 F.2d 463 (7th Cir. 1980). “” 20 C.F.R. § 404.602 (1979). Section 404.613 provides in part that “Where an individual files a written statement with the Administration that indicates an intention to claim monthly benefits, and such statement bears his signature or his mark properly witnessed, the filing of…”

Bishop v. United States, 72 Fed. Cl. 766 (Fed. Cl. 2006). “20 C.F.R. § 404.602 (1974). The plaintiff in Hansen was not informed of this requirement and failed to submit a written application.”

Holmes Ex Rel. Thompson v. Weinberger, 423 F. Supp. 149 (E.D.N.Y 1976). “602 * * 20 CFR §§ 404.602 and 422.505 in turn indicate that the “prescribed” form for applications for child’s insurance benefits is the “SSA-6” — the form which plaintiff concededly filed in 1973, if not also in 1967.”

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