20 C.F.R. § 404.901

Definitions

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As used in this subpart:

Date you receive notice means 5 days after the date on the notice, unless you show us that you did not receive it within the 5-day period.

Decision means the decision made by an administrative law judge or the Appeals Council.

Determination means the initial determination or the reconsidered determination.

Preponderance of the evidence means such relevant evidence that as a whole shows that the existence of the fact to be proven is more likely than not.

Remand means to return a case for further review.

Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

Vacate means to set aside a previous action.

Waive means to give up a right knowingly and voluntarily.

We, us, or our refers to the Social Security Administration.

You or your refers to any person claiming a right under the old age, disability, dependents' or survivors' benefits program.

[45 FR 52081, Aug. 5, 1980, as amended at 73 FR 76943, Dec. 18, 2008]

Notes of Decisions

Cited in 120 cases (52 in the last 5 years), 1960–2026 · leading case: Tackett v. Apfel

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Tackett v. Apfel (1999) ca9 · cites it 4× “See 20 C.F.R. §§ 404.901 (a)(l)-(2), 404.907.”

William C. Epps v. Patricia Roberts Harris, Secretary, Department of Health and Human Services (1980) ca5 “The SSA operates under an “open-file” rule whereby a claimant can submit additional evidence at every stage of the administrative review process to support a favorable determination of his claim.”

Sinatra v. Heckler (1983) nyed · cites it 2× “” 20 C.F.R. § 404.901 (1982). While the latter formulation may appear to place a higher burden on a claimant to rebut the presumption, no substantive change was intended.”

Andrew Bess v. Jo Anne B. Barnhart, Commissioner, Social Security Administration (2003) ca8 “210 (c); 20 C.F.R. §§ 404.901 , 416.1401 (“Date you receive notice means 5 days after the date on the notice, unless you show us that you did not receive it within the 5-day period.”

Wilburn C. Anderson v. Richard S. Schweiker, Secretary of Health and Human Services (1981) ca5 “See 20 C.F.R. §§ 404.901 and 404.964 (1979). 3 .”

Constance DION, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant (1987) ca1 “Moreover, at least at one point, the Secretary’s own regulations define “determination” as “the initial determination or the reconsidered determination,” 20 C.F.R. § 404.901 (1986), rather than the exhaustion of all administrative and judicial avenues.”

Holden v. Heckler (1984) ohnd “In addition, plaintiffs and intervenor argue persuasively that the deadline should be extended an additional five days, since both SSDI and SSI regulations calculate deadlines from the “date you receive notice”, which “means 5 days after the date on the notice:” 20 C.F.R. §§…”

Peffley-Warner v. Bowen (1989) wash “See generally 20 C.F.R. § 404.901 et seq. (1988). 5 Appellant herself referred to her non-marital relationship as "meretricious.”

Victoria L. Williams v. Commissioner, Social Security Administration (2016) ca11 · cites it 2× “210 (c); accord 20 C.F.R. § 404.901 (“Date you receive notice means 5 days after the date on the notice, unless you show us that you did not receive it within the 5-day period).”

Allen Sheppard v. Louis W. Sullivan, M.D., Secretary of the Department of Health & Human Services (1990) cadc “See 20 CFR § 404.901 (1989) (definitions of “we” and “you”).”

Sullivan v. Heckler (1985) mdd · cites it 2× “” As noted previously, an additional five days is added to compensate for mailing time, 20 C.F.R. § 404.901 , and thus the claimant actually has 65 days from the date of the Aid’s decision to file a request for review.”

Kaszer v. Comm Social Security (2002) ca3 “981 all refer to "the date you receive notice,” That term is defined at 20 C.F.R. § 404.901 , which states: "Date you receive notice means 5 days after the date of the notice, unless you show us that you did not receive it within the 5-day period.”

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