C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart B—Eligibility

20 C.F.R. § 416.210

You do not apply for other benefits

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(a) General rule. You are not eligible for SSI benefits if you do not apply for all other benefits for which you may be eligible.

(b) What “other benefits” includes. “Other benefits” includes any payments for which you can apply that are available to you on an ongoing or one-time basis of a type that includes annuities, pensions, retirement benefits, or disability benefits. For example, “other benefits” includes veterans' compensation and pensions, workers' compensation payments, Social Security insurance benefits and unemployment insurance benefits. “Other benefits” for which you are required to apply do not include payments that you may be eligible to receive from a fund established by a State to aid victims of crime. (See § 416.1124(c)(17).)

(c) Our notice to you. We will give you a dated, written notice that will tell you about any other benefits that we think you are likely to be eligible for. In addition, the notice will explain that your eligibility for SSI benefits will be affected if you do not apply for those other benefits.

(d) What you must do to apply for other benefits. In order to apply for other benefits, you must file any required applications and do whatever else is needed so that your eligibility for the other benefits can be determined. For example, if any documents (such as a copy of a birth certificate) are required in addition to the application, you must submit them.

(e) What happens if you do not apply for the other benefits. (1) If you do not apply for the other benefits within 30 days from the day that you receive our written notice, you are not eligible for SSI benefits. This means that if you are applying for SSI benefits, you cannot receive them. If you are receiving SSI benefits, your SSI benefits will stop. In addition, you will have to repay us for any SSI benefits that you received beginning with the month that you received our written notice. We assume (unless you prove otherwise) that you received our written notice 5 days after the date shown on the notice. We will also find that you are not eligible for SSI benefits if you file the required application for other benefits but do not take other necessary steps to obtain them.

(2) We will not find you ineligible for SSI benefits if you have a good reason for not applying for the other benefits within the 30-day period or taking other necessary steps to obtain them. In determining whether a good reason exists, we will take into account any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) which may have caused you to fail to apply for other benefits. You may have a good reason if, for example—

(i) You are incapacitated (because of illness you were not able to apply); or

(ii) It would be useless for you to apply (you once applied for the benefits and the reasons why you were turned down have not changed).

[47 FR 3103, Jan. 22, 1982, as amended at 50 FR 5573, Feb. 11, 1985; 50 FR 14211, Apr. 11, 1985; 59 FR 1635, Jan. 12, 1994; 61 FR 1712, Jan. 23, 1996]
Notes of Decisions
Cited in 3 cases, 1984–2017 · leading case: Mitson by & Through Jones v. Coler, 670 F. Supp. 1568 (S.D. Fla. 1987).
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Mitson by & Through Jones v. Coler, 670 F. Supp. 1568 (S.D. Fla. 1987). “” 20 C.F.R. 416.210 and 42 C.F.R. 435.603. In determining their incomes for VA pension purposes, Plaintiffs are permitted to exclude from their non-VA income substantially all of their unreimbursed medical expenses (UME).”
Hudsinus v. Heckler, 587 F. Supp. 814 (D.N.J. 1984). “20 C.F.R. § 416.210 (c). The parties agree that plaintiff never received a written notice of potential eligibility for retirement benefits.”
John Toth v. Comm'r Soc. Sec., 705 F. App'x 138 (3rd Cir. 2017). “However, the SSA’s ruling was correct. If the SSA gives a claimant notice that he is likely eligible for certain other benefits (specified by statute and regulation), the claimant must apply for those benefits before being eligible for SSI.”
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