20 C.F.R. § 404.705
Failure to give requested evidence
Generally, you will be asked to give us by a certain date specific kinds of evidence or information to prove you are eligible for benefits. If we do not receive the evidence or information by that date, we may decide you are not eligible for benefits. If you are already receiving benefits, you may be asked to give us by a certain date information needed to decide whether you continue to be entitled to benefits or whether your benefits should be stopped or reduced. If you do not give us the requested information by the date given, we may decide that you are no longer entitled to benefits or that your benefits should be stopped or reduced. You should let us know if you are unable to give us the requested evidence within the specified time and explain why there will be a delay. If this delay is due to illness, failure to receive timely evidence you have asked for from another source, or a similar circumstance, you will be given additional time to give us the evidence.
Notes of Decisions
Cited in 28
cases, 1965–1997 · leading case: Charlotte Diane Edwards for Debora A. Long & Clayton D. Long, Plaintiff v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 619 F.2d 865 (10th Cir. 1980).
Charlotte Diane Edwards for Debora A. Long & Clayton D. Long, Plaintiff v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 619 F.2d 865 (10th Cir. 1980). “In presenting her case to the ALJ, Edwards argued that Long was presumptively dead under 20 C.F.R. § 404.705 (a), infra, since he had not been seen for over seven years and wage records compiled for Long by the Social Security Administration stopped after the first quarter of…”
Geraldine Johnson v. Joseph A. Califano, Sec'y of Health, Educ. & Welfare, 607 F.2d 1178 (6th Cir. 1979). “2 Because plaintiff could not prove the death of Ross by direct evidence, she relied on the presumption of death, set forth at 20 C.F.R. § 404.705 . This presumption, contained in a regulation of the Secretary of HEW, operates as follows: Whenever it is necessary to determine…”
Sec'y of Health, Educ. & Welfare of the United States of Am. v. Lucy Meza, 368 F.2d 389 (9th Cir. 1966). “This brought into play a regulation of the Secretary (20 C.F.R. 404.705) which provides in pertinent part: 3 "Whenever it is necessary to determine the death of an individual in order to determine the right of another to a monthly benefit * * * under section 202 of the Act, [ 42…”
John W. Gardner, Sec'y of Health, Educ. & Welfare v. Wanda U. Wilcox, 370 F.2d 492 (9th Cir. 1966). “1 20 C.F.R. 404.705 (1951) provides as follows: 'Whenever it is necessary to determine the death of an individual in order to determine the right of another to a monthly benefit * * * under section 202 of the act, and such individual has been unexplainedly absent from his…”
Aubrey v. Richardson, 462 F.2d 782 (3rd Cir. 1972). “§ 405 (g), presents, for initial impression in this circuit, an interpretation of 20 C.F.R. § 404.705 , which creates a presumption of death after seven years’ unexplained absence for the purpose of determining the rights of another to benefits under § 202 of the Act.”
Drene Singer, Loren Singer, Rachael Singer & Adam Singer v. Richard S. Schweiker, Sec'y of Health & Human Servs., 694 F.2d 616 (9th Cir. 1982). “There we said: While perhaps evidence of flight by a deserting husband would entitle the Secretary to adopt a rule of thumb for a while to delay the start of the running of the seven year period for the presumption [of death] of 20 C.F.R. § 404.705 , 1 we cannot go along with…”
Lazarus v. Weinberger, 400 F. Supp. 378 (E.D.N.Y 1975). “Judge Powell’s decision was that wage-earner Kurtz must be presumed dead, pursuant to 20 C.F.R. 404.705 which provides: Whenever it is necessary to determine the death of an individual in order to determine the right of another to a .”
Leona Autrey v. Patricia Roberts Harris, Etc., 639 F.2d 1233 (5th Cir. 1981). “The issue relevant to this appeal was whether Fisher’s death could be presumed under 20 C.F.R. § 404.705 , (currently 20 C.F.R.”
Eileen Dowell v. John W. Gardner, Sec'y of Health, Educ. & Welfare, 386 F.2d 809 (6th Cir. 1967). “The Social Security regulations contain the following provision concerning presumption of death, 20 C.F.R. § 404.705 : “Whenever it is necessary to determine the death of an individual in order to determine the right of another to a monthly benefit or a lump-sum death payment…”
Ada Blew v. Elliot L. Richardson, Sec'y of Health, Educ. & Welfare, 484 F.2d 889 (7th Cir. 1973). “” 20 C.F.R. § 404.705 . 2 . A cousin informed a Social Security investigator in 1967 that he had not heard from Ballard “in at least two or three years,” implying that he had heard from him several years after his departure; Ballard’s sister said she had not heard from him for…”
Evans v. Sec'y of Health, Educ. & Welfare, 409 F. Supp. 315 (D.S.D. 1976). “Young, could not be presumed dead under 20 C.F.R. § 404.705 . SCOPE OF JUDICIAL REVIEW The fact findings made by the A.”
Miller v. Richardson, 321 F. Supp. 157 (W.D. Pa. 1970). “20 C.F.R. § 404.705 enables an applicant to raise a presumption of death and provides: “Whenever it is necessary to determine the death of an individual in order to determine the right of another to a monthly benefit or a lumpsum death payment under section 202 of the act, and…”
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