(a) Redeterminations defined. A redetermination is a review of your eligibility to make sure that you are still eligible and that you are receiving the right amount of SSI benefits. This review deals with the requirements for eligibility other than whether you are still disabled or blind. Continuation of disability or blindness reviews are discussed in §§ 416.989 and 416.990.
(b) When we make redeterminations. (1) We redetermine your eligibility on a scheduled basis at periodic intervals. The length of time between scheduled redeterminations varies depending on the likelihood that your situation may change in a way that affects your benefits.
(2) We may also redetermine your eligibility when you tell us (or we otherwise learn) of a change in your situation which affects your eligibility or the amount of your benefit.
(c) The period for which a redetermination applies: (1) The first redetermination applies to—
(i) The month in which we make the redetermination;
(ii) All months beginning with the first day of the latest of the following:
(A) The month of first eligibility or re-eligibility; or
(B) The month of application; or
(C) The month of deferred or updated development; and
(iii) Future months until the second redetermination.
(2) All other redeterminations apply to—
(i) The month in which we make the redetermination;
(ii) All months beginning with the first day of the month the last redetermination was initiated; and
(iii) Future months until the next redetermination.
(3) If we made two redeterminations which cover the same month, the later redetermination is the one we apply to that month.
[47 FR 3103, Jan. 22, 1982, as amended at 50 FR 48570, Nov. 26, 1985; 58 FR 64893, Dec. 10, 1993]
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 1985–2024 · leading case:
Chalmers v. Sullivan, 818 F. Supp. 98 (D.N.J. 1993).
Chalmers v. Sullivan, 818 F. Supp. 98 (D.N.J. 1993).
· cites it 4× “On the other hand, a redetermination, as defined in 20 C.F.R. § 416.204 (a), is “a review of [a claimant’s] eligibility to make sure that .”
Abreu v. Callahan, 971 F. Supp. 799 (S.D.N.Y. 1997).
“203 ; see also 20 C.F.R. §§ 416.204 — 416.222 (1997). Moreover, every one of the myriad cases reviewing denials of SSI is based on the premise that benefits may be denied only if a person does not satisfy the statutory requirements.”
Amin v. Colvin, 301 F. Supp. 3d 392 (E.D.N.Y 2017).
· cites it 2× “20 C.F.R. § 416.204 (b). If SSA determines a recipient is no longer eligible for benefits, it terminates benefits and may demand overpaid benefits be returned; however, recipients are due advance written notice before benefits are cancelled.”
Gaither v. Soc. Sec. Admin. (E.D. Ark. 2024).
· cites it 2× “” 4 The Commissioner of the Social Security Administration represents that a “re- certification” is a “non-medical determination under 20 C.F.R. 416.204(a).” See Docket Entry 22 at CM/ECF 4.”
Gaither v. Soc. Sec. Admin. (E.D. Ark. 2024).
· cites it 2× “” 4 The Commissioner of the Social Security Administration represents that a “re- certification” is a “non-medical determination under 20 C.F.R. 416.204(a).” See Docket Entry 22 at CM/ECF 4.”
Taddonio v. Heckler, 607 F. Supp. 620 (E.D. Pa. 1985).
“It is not improbable that plaintiff’s SSI status could be altered or terminated at any time because plaintiff is found to have demonstrated that he was capable of performing SGA 1 or to be ineli *622 gible for other non-medical reasons.”
(SS) Doan v. Comm'r of Soc. Sec. (E.D. Cal. 2023).
“” 20 C.F.R. § 416.204 ; see AR 60. The 17 second assertion would be true in the case where a special needs trust limited reimbursement 18 solely to one state and the beneficiary received medical benefits from another state.”
— 20 C.F.R. § 416.204(a) — 2 cases
Gaither v. Soc. Sec. Admin. (E.D. Ark. 2024).
“” 4 The Commissioner of the Social Security Administration represents that a “re- certification” is a “non-medical determination under 20 C.F.R. 416.204(a).” See Docket Entry 22 at CM/ECF 4.”
Gaither v. Soc. Sec. Admin. (E.D. Ark. 2024).
“” 4 The Commissioner of the Social Security Administration represents that a “re- certification” is a “non-medical determination under 20 C.F.R. 416.204(a).” See Docket Entry 22 at CM/ECF 4.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.