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

20 C.F.R. § 416.310

What makes an application a claim for benefits

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An application will be considered a claim for benefits, if the following requirements are met:

(a) An application form prescribed by us must be filled out.

(b) be filed at a social security office, at another Federal or State office we have designated to receive applications for us, or with a person we have authorized to receive applications for us. See § 416.325.

(c) The claimant or someone who may sign an application for the claimant must sign the application. See §§ 416.315 and 416.320.

(d) The claimant must be alive at the time the application is filed. See §§ 416.340, 416.345, and 416.351 for exceptions.

[45 FR 48120, July 18, 1980, as amended at 59 FR 44926, Aug. 31, 1994]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1999–2021 · leading case: Maldonado Ex Rel. Maldonado v. Apfel, 55 F. Supp. 2d 296 (S.D.N.Y. 1999).
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Maldonado Ex Rel. Maldonado v. Apfel, 55 F. Supp. 2d 296 (S.D.N.Y. 1999). “See 20 C.F.R. §§ 416.310 & 416.315(b). If the SSA determines that a minor child is qualified to receive benefits, cash benefits are paid to the parent or other qualified representative, termed a “representative payee.”
United States v. Smith, 294 F. Supp. 2d 920 (E.D. Mich. 2003). “” 20 C.F.R. § 416.310 . In the present case, defendant submitted a fraudulent application for benefits under a false name which was not signed by the named claimant on the application, Johnson.”
Coleman v. SSI, 252 F. App'x 438 (3rd Cir. 2007). “; 20 C.F.R. §§ 416.310 ; 416.315 (providing that SSI benefits are not payable for any month before the month in which the applicant files her first application, even if she became disabled prior to that time).”
Symmes v. Commisioner of Soc. Sec. (S.D. Ohio 2021). “22 at PAGEID 639, citing 20 C.F.R. § 416.310 (a) (“An application will be considered a claim for benefits, if the following requirements are met: (a) An application form prescribed by us must be filled out.”
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