C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart I—Records of Earnings

20 C.F.R. § 404.802

Definitions

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For the purpose of this subpart—

Earnings means wages and self-employment income earned by a person based on work covered by social security. (See subpart K for the rules about what constitutes wages and self-employment income for benefit purposes.)

Period means a taxable year when referring to self-employment income. When referring to wages it means a calendar quarter if the wages were reported or should have been reported quarterly by your employer or a calendar year if the wages were reported or should have been reported annually by your employer.

Record of earnings, earnings record, or record means SSA's records of the amounts of wages paid to you and the amounts of self-employment income you received, the periods in which the wages were paid and the self-employment income was received, and the quarters of coverage which you earned based on these earnings.

Survivor means your spouse, divorced wife, child, or parent, who survives you. Survivor also includes your surviving divorced wife who may be entitled to benefits as a surviving divorced mother.

Tax return means, as appropriate, a tax return of wages or a tax return of self-employment income (including information returns and other written statements filed with the Commissioner of Internal Revenue under chapter 2 or 21 of the Internal Revenue Code of 1954, as amended).

Time limit means a period of time 3 years, 3 months, and 15 days after any year in which you received earnings. The period may be extended by the Soldiers and Sailors Relief Act of 1940 because of your military service or the military service of certain relatives who survive you (50 U.S.C. App. 501 and following sections). Where the time limit ends on a Federal nonwork day, we will extend it to the next Federal work day.

Wage report means a statement filed by a State under section 218 of the Social Security Act or related regulations. This statement includes wage amounts for which a State is billed and wage amounts for which credits or refunds are made to a State according to an agreement under section 218 of the Act.

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

Year means a calendar year when referring to wages and a taxable year when referring to self-employment income.

You or your means any person for whom we maintain a record of earnings.

Notes of Decisions
Cited in 10 cases, 1988–2020 · leading case: Walter WOODY, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES
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Walter WOODY, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES (1988) ca3 “See 20 C.F.R. § 404.802 (1987). As a result, the Secretary's records are conclusive evidence of Woody’s wages, see id.”
Salazar v. Brown (1996) miwd “20 C.F.R. §§ 404.802 -.823. If the worker is not satisfied with the Secretary’s resolution of this issue, judicial review is available in the federal district court.”
Robert OVEREND, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee (1989) ca9 “§ 405 (c)(4)(A); 20 C.F.R. §§ 404.802 ; 404.803(c)(1); 404.”
Smith v. Shalala (1995) njd · cites it 2× “§ 405 (c)(1)(B); 20 C.F.R. § 404.802 , a claimant may submit material to correct any errors in the Secretary’s records concerning wages or self-employment, whether of inclusion or omission.”
Marion Chapman v. Kenneth S. Apfel, Commissioner of Social Security Administration (2000) ca9 “§ 405 (c)(1)(B); 20 C.F.R. § 404.802 . Here, it is undisputed that the time limit for amending Chapman’s earnings records had expired.”
Burden v. Barnhart (2002) flmd “§ 405 (c)(1)(A), (B); 20 C.F.R. § 404.802 . For self-employment income, corrections can subsequently be made to agree with a timely filed tax return if satisfactory evidence shows the SSA’s records are incorrect.”
Bradford Weir v. Louis W. Sullivan, M.D., Secretary of Health and Human Services (1992) ca10 “20 C.F.R. 404.802. After the time limit has run, an earnings' record may be corrected if one of the conditions delineated in 20 C.”
Suzuki v. Saul (2020) hid “…and 15 days after any year in which an applicant received earnings. See 20 C.F.R. § 404.802 . Because Plaintiff filed an application for retirement benefits in May 2015, the time limits for 2013, 2014, and 2015 had not yet expired and could be corrected.3 See id.<”
Partipilo v. Berryhill (2018) ilnd “…and the quarters of coverage which you earned based on these earnings.” 20 C.F.R. § 404.802 . falls into each of the brackets: 90% of the AIME that falls into the first bracket, 32% of that which falls into the second bracket, and 15% of that which falls into the third.…”
Brando v. Chater (1997) njd “§§ 405 (c)(1), (c)(4), and (c)(5) (1996); 20 C.F.R. § 404.802 (1996). Following this time limitation period, the Commissioner’s records are entitled to a statutory presumption of correctness.”
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