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. § 416.1404

Notice of the initial determination

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(a) We will mail a written notice of our initial determination to you at your last known address. The written notice will explain in simple and clear language what we have determined and the reasons for and the effect of our determination. If our determination involves a determination of disability that is in whole or in part unfavorable to you, our written notice also will contain in understandable language a statement of the case setting forth the evidence on which our determination is based. The notice also will inform you of your right to reconsideration. We will not mail a notice if the beneficiary's entitlement to benefits has ended because of his or her death.

(b) If our initial determination is that we must suspend, reduce or terminate your benefits, the notice will also tell you that you have a right to a reconsideration before the determination takes effect (see § 416.1336).

[45 FR 52096, Aug. 5, 1980, as amended at 51 FR 305, Jan. 3, 1986; 72 FR 51179, Sept. 6, 2007]
Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1984–2024 · leading case: Ford v. Shalala
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Ford v. Shalala (1999) nyed · cites it 2× “20 C.F.R. § 416.1404 . The initial determination, must state the “important” facts and the reasons for the SSA’s conclusions regarding eligibility for, and amount of, benefits regarding any suspension, reduction or termination thereof.”
Wilson v. Heckler (1984) dcd “12 Neither the dictates of due process nor defendants’ own regulations require this type of notice to include the mathematical calculations used to arrive at the amount of benefits.”
Harper v. Bowen (1987) ca5 “See 20 C.F.R. §§ 416.1404 to 416.1405. Next, the claimant must file a request for and receive a reconsideration.”
Bronstein v. Apfel (2001) cod “7; see 20 C.F.R. § 416.1404 . This reconsideration request is processed as described above.”
Cullivan v. Shalala (1995) txed “See 20 C.F.R. §§ 416.1404 to 416.1405. Next, the claimant must file for and receive a request for reconsideration.”
Jack C. JEFFCOAT v. SECRETARY OF HHS (1995) txed “See 20 C.F.R. §§ 416.1404 to 416.1405. Next, the claimant must file for and receive a request for reconsideration.”
Walhood v. Secretary of Health & Human Services (1995) txed “See 20 C.F.R. §§ 416.1404 to 416.1405. Next, the claimant must file for and receive a request for reconsideration.”
Richard v. Secretary of HHS (1995) txed “See 20 C.F.R. §§ 416.1404 to 416.1405. Next, the claimant must file for and receive a request for reconsideration.”
CUSH v. COMMISSIONER OF SOCIAL SECURITY (2023) njd · cites it 2× “See 20 C.F.R. § 416.1404 (a). 7 According to the Acting Commissioner, “Exhibit 8D is Plaintiff’s Social Security Earnings Record showing that Plaintiff earned $7347.”
Amanda Craven v. Kilolo Kijakazi (2021) ca7 “See 20 C.F.R. §§ 416.1404 (a), 416.1409(b), 416.”
FALKENSTEIN v. COMMISSIONER OF SOCIAL SECURITY (2021) njd “7 20 C.F.R. § 416.1404 (a). Here, the record contains no evidence that Plaintiff was actually provided notice consistent with this regulation.”
Davis v. Commissioner of Social Security (2024) tnwd “” 20 C.F.R. § 416.1404 (a). The notice also explains claimant’s right to reconsideration.”
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