20 C.F.R. § 416.1321

Suspension for not giving us permission to contact financial institutions

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(a) If you don't give us permission to contact any financial institution and request any financial records about you when we think it is necessary to determine your SSI eligibility or payment amount, or if you cancel the permission, you cannot be eligible for SSI payments (see § 416.207) and we will stop your payments. Also, if anyone whose income and resources we consider as being available to you (see §§ 416.1160, 416.1202, 416.1203 and 416.1204) doesn't give us permission to contact any financial institution and request any financial records about that person when we think it is necessary to determine your SSI eligibility or payment amount, or that person cancels the permission, you cannot be eligible for SSI payments and we will stop your payments. We will not find you ineligible and/or stop your payments if the person whose income and resources we consider as being available to you fails to give or continue permission and good cause, as discussed in § 416.207(h), exists.

(b) We will suspend your payments starting with the month after the month in which we notify you in writing that:

(1) You failed to give us permission to contact any financial institution and request any financial records about you, or

(2) The person(s) whose income and resources we consider as being available to you failed to give us such permission.

(1) You give us permission to contact any financial institution and request any financial records about you, or

(2) The person(s) whose income and resources we consider as being available to you gives us such permission.

[68 FR 53509, Sept. 11, 2003]

Notes of Decisions

Cited in 7 cases, 1974–2008 · leading case: Stubbs-Danielson v. Astrue, 539 F.3d 1169 (9th Cir. 2008).

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Stubbs-Danielson v. Astrue, 539 F.3d 1169 (9th Cir. 2008). “(citing 20 C.F.R. § 416.1321 (b) (1986)). We reasoned that such regulations supported the position that a presumption of disability should not extend to an applicant whose re-application came almost three years — i.”

Eugene Gordon, Jr. v. Sec'y of Health & Human Servs., 803 F.2d 1071 (9th Cir. 1986). · cites it 2× “See 20 C.F.R. § 416.1321 (a). SSI payments do not resume until the individual again meets all requirements for eligibility except for the filing of a new application.”

Nadine Warren v. Otis R. Bowen, Sec'y of Health & Human Servs., Defendant, 804 F.2d 1120 (9th Cir. 1987). “” 20 C.F.R. § 416.1321 (b) (1986). But the Secretary makes this presumption only for a year.”

Buckles v. Weinberger, 387 F. Supp. 328 (E.D. Pa. 1974). “20 C.F.R. § 416.1321 (c)(4). 15. Named plaintiffs are following the steps in the appeal process, the first of which is known as “reconsideration”.”

Burris v. Weinberger, 385 F. Supp. 412 (M.D. Fla. 1974). “The pertinent regulation relied on by the Secretary, 20 CFR § 416.1321 , provides: “(c) Actions which are not suspensions.”

Stubbs-Danielson v. Astrue (9th Cir. 2008). “We reasoned that such regulations supported the position that a presumption of disability should not extend to an applicant whose re-application came almost three years—i.e., more than one year—after a non-medical termination.”

Warren v. Heckler, 616 F. Supp. 184 (N.D. Cal. 1985). “ANALYSIS Applicants whose benefits have been suspended due to financial ineligibility are exempt from having to prove disability, 20 C.F.R. § 416.1321 (b), and enjoy a presumption of continuing disability upon application for reinstatement.”

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