20 C.F.R. § 404.803

Conclusiveness of the record of your earnings

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(a) Generally. For social security purposes, SSA records are evidence of the amounts of your earnings and the periods in which they were received.

(b) Before time limit ends. Before the time limit ends for a year, SSA records are evidence, but not conclusive evidence, of the amounts and periods of your earnings in that year.

(1) If SSA records show an entry of self-employment income or wages for an employer for a period in that year, our records are conclusive evidence of your self-employment income in that year or the wages paid to you by that employer and the periods in which they were received unless one of the exceptions in § 404.822 applies;

(2) If SSA records show no entry of wages for an employer for a period in that year, our records are conclusive evidence that no wages were paid to you by that employer in that period unless one of the exceptions in § 404.822 applies; and

(3) If SSA records show no entry of self-employment income for that year, our records are conclusive evidence that you did not receive self-employment income in that year unless the exception in § 404.822(b)(2) (i) or (iii) applies.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1970–2021 · leading case: Barbara L. BRAINARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

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Barbara L. BRAINARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee (1989) ca6 “With respect to this claim, 20 C.F.R. § 404.803 (a) (1988) provides that, in general, “SSA records are evidence of the amounts of .”

Krishnan, Narayanan v. Barnhart, Jo Anne B. (2003) cadc · cites it 2× “With regard to proof of a claimant’s earnings, however, the only conclusive evidence is an official statement of earnings provided by the SSA, 20 C.F.R. § 404.803 , which maintains an earnings record for each person whose employment is covered under the social security program.”

Bahija JABBAR, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee (1988) ca6 · cites it 2× “§ 405 (c)(4)(C), and the Secretary’s regulations, 20 C.F.R. §§ 404.803 (c)(3); 404.822(b)(2)®.”

Marion Chapman v. Kenneth S. Apfel, Commissioner of Social Security Administration (2000) ca9 · cites it 2× “§ 405 (c)(4)(C), and regulation, 20 C.F.R. § 404.803 (c)(3), the Commissioner’s earnings records are conclusive evidence that Chapman did not receive self-employment income because he did not produce income tax returns for the years-in question.”

Krishnan Ex Rel. Deviprasad v. Massanari (2001) dcd “20 C.F.R. § 404.803 . The means to rebut this evidence is somewhat limited.”

Smith v. Shalala (1995) njd “at 14 (citing 20 C.F.R. §§ 404.803 (c)(3); 404.822(b)(2)).”

Biddulph v. Callahan (1998) dcd “See 20 C.F.R. §§ 404.803 (c)(3), 404.822(b)(2)(i).”

Schuler v. Barnhart (2005) ca10 “§ 405 (c)(4)(C); 20 C.F.R. § 404.803 (c)(3); Yoder v.”

A. G. Huseman and Winnie Huseman v. Robert H. Finch, Secretary of Health, Education and Welfare (1970) ca10 “…label="5"> 5 . 20 C.F.R. §§ 404.803 , 404.905, 404.907.”

Nickel v. Barnhart (2002) cacd · cites it 2× “§ 405 (c)(3)-(4); 20 C.F.R. § 404.803 ; Chapman, <a href="/opinion/771610/marion-chapman-v-kenneth-s-apfel-commissioner-of-social-security/#482" aria-description="Citation for case: Marion Chapman v.”

Almond A. Brooks v. Commissioner of Social Security (2019) cacd “…of the amounts of earnings and the time periods in which they 4 were received. 20 C.F.R. § 404.803 (a); see Overend v. Sullivan, <a href="/opinion/526152/robert-overend-plaintiff-appellant-v-louis-w-sullivan-secretary-of/" aria-description="Citation for case: Robert”

Michael L Lawson v. Kilolo Kijakazi (2021) cacd “See 20 C.F.R. § 404.803 (a) (“SSA records are evidence of the 15 amounts of your earnings and the periods in which they were received.”

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