C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart G—Filing of Applications and Other Forms

20 C.F.R. § 404.603

You must file an application to receive benefits

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In addition to meeting other requirements, you must file an application to become entitled to benefits. If you believe you may be entitled to benefits, you should file an application. Filing an application will—

(a) Permit a formal decision to be made on your entitlement to benefits;

(b) Protect your entitlement to any benefits that may be payable for as many as 6 months or 12 months (depending on the type of benefit, as explained in § 404.621) before the application was filed; and

(c) Give you the right to appeal if you are dissatisfied with the decision.

[44 FR 37209, June 26, 1979, as amended at 46 FR 47444, Sept. 28, 1981]
Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1973–2023 · leading case: Wanda S. FLATEN, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 44 F.3d 1453 (9th Cir. 1995).
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Wanda S. FLATEN, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 44 F.3d 1453 (9th Cir. 1995). · cites it 2× “§ 416 (i)(2)(B); 20 C.F.R. § 404.603 . 2 Establishment of a period of disability also allows an individual to exclude that time from the number of years for which quarters of coverage are required, Sprow, 865 F.”
United States Ex Rel. Loughren v. Unum Grp., 613 F.3d 300 (1st Cir. 2010). · cites it 2× “20 C.F.R. § 404.603 (emphasis added). While applicants are not required to self-assess their eligibility and there is “no expectation of complete and utter accuracy,” an applicant must sign under penalty of perjury that his application is truthful to the best of his knowledge…”
Krishnan, Narayanan v. Barnhart, Jo Anne B., 328 F.3d 685 (D.C. Cir. 2003). “20 C.F.R. § 404.603 . As part of the application, the claimant must provide the SSA with evidence of eligibility.”
Hartzell v. Astrue, 741 F. Supp. 2d 645 (D.N.J. 2010). “A person may be “deemed” to have filed an application for benefits on an earlier date, however, if the failure to apply was due to “misinformation” provided to such person by any of the Commissioner’s officers or employees that related to the person eligibility for benefits.”
Teitelbaum v. Chater, 949 F. Supp. 1206 (E.D. Pa. 1996). · cites it 2× “See 20 C.F.R. §§ 404.603 (b) & 404.621 (1995) (prescribing the number of months before the date of application for which disability benefits may be received); Dorf v.”
Rashad v. Sullivan, 903 F.2d 1229 (9th Cir. 1990). “ANALYSIS The Social Security Act provides benefits for dependent children of deceased wage earners who are fully insured at the time of death.”
Pinkie Mumford v. Otis R. Bowen, M.D., Sec'y, United States Dep't of Health & Human Servs., 814 F.2d 328 (7th Cir. 1987). “§ 402 (a); 20 C.F.R. § 404.603 (1984). 5 . In fact, plaintiff at one time seems to have conceded this point.”
Abreu v. Callahan, 971 F. Supp. 799 (S.D.N.Y. 1997). “See 20 C.F.R. § 404.603 (b) (1997). Indeed, the regulation states that applying for benefits will “[p]rotect [the claimant’s] entitlement to any benefits that may be payable for as many as 6 months or 12 months .”
Marie A. ZIMMERMANN, Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Appellee, 774 F.2d 615 (4th Cir. 1985). “In addition, a parent cannot recover child's insurance benefits on behalf of the decedent's stepchildren if the stepchildren’s relationship with the decedent lasted for less than nine months, again unless the decedent's death was accidental.”
Janice Edmonson DUTHU, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y of Health & Human Servs., Defendant-Appellee, 886 F.2d 97 (5th Cir. 1989). “610 , 404.611. Because Mrs. Duthu did not file a written application until December 1985, her children cannot claim benefits for a period in excess of six months prior to that date.”
Doris K. EAGLE, Plaintiff-Appellee, v. Louis W. SULLIVAN, Sec'y of the Dep't of Health & Human Servs., Defendant-Appellant, 877 F.2d 908 (11th Cir. 1989). “IV 1986) (requiring that a claimant file an application in order to be eligible for benefits); 20 C.F.R. § 404.603 (1988) ("[Y]ou must file an application to become entitled to benefits.”
Ana Lillian Torres, Representing Luis A. Davila v. Sec'y of Health, Educ., & Welfare, 475 F.2d 466 (1st Cir. 1973). “20 C.F.R. 404.603 (e). The present court proceeding, we note, was instituted by claimant’s wife, whom he married in 1968.”
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