C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart N—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions

20 C.F.R. § 416.1401

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.

Mass change means a State-initiated change in the level(s) of federally administered State supplementary payments applicable to all recipients of such payments, or to categories of such recipients, due, for example, to State legislative or executive action.

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 or the eligible spouse of any person claiming or receiving supplemental security income benefits.

[45 FR 52096, Aug. 5, 1980, as amended at 59 FR 43038, Aug. 22, 1994; 73 FR 76944, Dec. 18, 2008]
Notes of Decisions
Cited in 37 cases (18 in the last 5 years), 1975–2025 · leading case: Zakhar Melkonyan v. Margaret M. Heckler, Secretary of Hhs
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Zakhar Melkonyan v. Margaret M. Heckler, Secretary of Hhs (1990) ca9 · cites it 3× “See 20 C.F.R. §§ 416.1401 , 1481, 1483 (1988) (60 days to seek district court review of the Appeals Council decision, plus 5 days between date of notice and date notice deemed received).”
Oliver BUCK, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee (1991) ca6 “See 20 C.F.R. §§ 416.1401 , .1481, .1483. In cases where, as here, the Secretary issues a decision that is fully favorable to the claimant, the claimant cannot seek judicial review.”
Cole-Hill ex rel. T.W. v. Colvin (2015) nywd “The notice declined Plaintiffs request for review of the ALJ’s decision and specifically advised Plaintiff that she had 60 days to file a civil action.”
Cardinale v. Mathews (1975) dcd “20 C.F.R. §§ 416.1401 et seq. After an initial determination, there are the reconsideration, hearing, and appeals stages within the agency, and the final stage is judicial review.”
Billy R. Scott v. Otis R. Bowen, Secretary of Health and Human Services (1987) ca11 “The Title II regulations cited are identical in substance to those applicable to Title XVI claims, 20 C.F.R. § 416.1401 , et seq. (1986). In the "Analysis" section of this opinion we cite only those regulations applicable to the adjudication of claims under Title XVI of the Act.”
Hannington v. Weinberger (1975) dcd “20 C.F.R. §§ 416.1401 -.1451. After an initial determination, there are the reconsideration, hearing, and appeals stages within the agency, and the final stage is judicial review.”
Watson v. Sullivan (1990) ord “See 20 C.F.R. §§ 416.1401 ,1481, 1483 (1988) (60 days to seek district court review of the Appeals Council decision, plus 5 days between date of notice and date notice deemed received).”
Roberson v. Barnhart (2003) mdd “” 20 C.F.R. § 416.1401 . 4 . "[Mjeans to return a case for further review.”
Cronk v. Commissioner of Social Security (2022) nynd · cites it 2× “” 20 C.F.R. § 416.1401 . In denying m| review, the Appeals Council is not making the initial or reconsideration disability determination; therefore, it is not a part of the “we” and is not required to “articulate” the persuasiveness of a newly submitted medical opinion.”
Guymon v. Vidal (2025) vaed · cites it 2× “Next, Plaintiff argues that 20 C.F.R. § 416.1401 provides persuasive authority in this case that mailing time should be included.”
Dykens v. Commissioner of Social Security Administration (2019) azd “But the ALJ also 8 explained that, under 20 C.F.R. § 416.1401 , the Administration presumes that claimants 9 receive notice five days after it is dated, absent a contrary showing.”
(SS)Williamson v. Commissioner of Social Security (2019) caed “20 C.F.R. §§ 416.1401 , 422.210(c). A civil 8 action filed within 65 days of the notice is presumed timely.”
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