20 C.F.R. § 404.610
What makes an application a claim for benefits?
We will consider your application a claim for benefits if it generally meets all of the following conditions:
(a) You must file on a prescribed form, as stated in § 404.611. See § 422.505(a) of this chapter for the types of prescribed applications you can file.
(b) You must complete and file the application with us as stated in §§ 404.611 and 404.614.
(c) You, or someone described in § 404.612 who may sign an application for you, must sign the application.
(d) You must be alive at the time you file (unless one of the limited exceptions in § 404.615 applies).
Notes of Decisions
Cited in 7
cases, 1987–2008 · leading case: Marie Ann SCIME, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Et Al., Defen
Marie Ann SCIME, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Et Al., Defen (1987)
“In September, 1983, the SSA Appeals Council reopened the ALJ’s decision and in February, 1984 held that appellee was only entitled to child’s benefits from September, 1981, determined by applying the six months retroactive eligibility allowed by 20 C.F.R. § 404.621 (a)(ii)…”
Kendrick v. Sullivan (1992)
“20 C.F.R. § 404.610 . If the Secretary denies the claim initially and on reconsideration, the claimant may then request a hearing before an administrative law judge.”
Janice Edmonson DUTHU, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendan (1989)
“20 C.F.R. § 404.610 , 404.611. Because Mrs.”
Day v. Sullivan (1992)
“THE REQÚIRED RELIEF Both parties agree that confusion exists as to whether class members are entitled to “reapply” for benefits or whether their claims are “reopened.”
Miller v. Commissioner of Social Security Administration (2008)
“20 C.F.R. § 404.610 . The application is filed on the day it is received by an employee at a Social Security Administration office, or by an employee who is authorized to receive it at an alternative location.”
United States v. Smith (2003)
“20 C.F.R. § 404.610 . In the event payment is made erroneously to an individual failing to meet one or more of the requirements of entitlement, the SSA may recover such overpayment.”
Linquist v. Secretary of Health & Human Services (1988)
“§§ 402 (g)(1)(D), 402(d)(1)(A), and that only signed applications satisfy the “filed application” requirement, 20 C.F.R. § 404.610 . Thus, under the present law, the government is not estopped from barring Plaintiff’s retroactive Social Security benefits.”
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