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. § 416.345

Use of date of oral inquiry as application filing date

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We will use the date of an oral inquiry about SSI benefits as the filing date of an application for benefits only if the use of that date will result in your eligibility for additional benefits and the following requirements are met:

(a) The inquiry asks about the claimant's eligibility for SSI benefits.

(b) The inquiry is made by the claimant, the claimant's spouse, or a person who may sign an application on the claimant's behalf as described in § 416.315.

(c) The inquiry, whether in person or by telephone, is directed to an office or an official described in § 416.310(b).

(d) The claimant or a person on his or her behalf as described in § 416.315 files an application on a prescribed form within 60 days after the date of the notice we will send telling of the need to file an application. The notice will say that we will make an initial determination of eligibility for SSI benefits if an application form is filed within 60 days after the date of the notice. (We will send the notice to the claimant or, where he or she is a minor or incompetent, to the person who made the inquiry.)

(e)(1) The claimant is alive when the application is filed on a prescribed form, or

(2) If the claimant dies after the oral inquiry is made, the deceased claimant's surviving spouse or parent(s) who could be paid the claimant's benefits under § 416.542(b), or someone on behalf of the surviving spouse or parent(s) files an application form. If we learn that the claimant has died before the notice is sent or within 60 days after the notice but before an application form is filed, we will send a notice to such a survivor. The notice will say that we will make an initial determination of eligibility for SSI benefits only if an application form is filed on behalf of the deceased within 60 days after the date of the notice to the survivor.

[45 FR 48120, July 18, 1980, as amended at 51 FR 13493, Apr. 21, 1986; 58 FR 52912, Oct. 13, 1993]
Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1990–2022 · leading case: WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Secretary of Health and Human Services
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WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Secretary of Health and Human Services (1990) ca3 “” The regulations provide that a written application for supplemental security income benefits will be retroactively dated to that of an earlier oral inquiry, 20 C.F.R. § 416.345 (1989), and that an application for Title II benefits will be considered an oral inquiry with regard…”
Symmes v. Commisioner of Social Security (2021) ohsd · cites it 3× “20 C.F.R. § 416.345 (emphasis added). Under subsection (d) of the regulation, the condition precedent to the requirement of filing an application on a prescribed form where an oral inquiry about SSI benefits is made is notice advising the claimant of the need to file an…”
Hood v. Social Security Administration, Commissioner of (2022) ksd “340 ; 20 C.F.R. § 416.345 . 3 Citations to “Tr.”
Slowter v. Social Security Administration, Commissioner of (2022) ksd “340 ; 20 C.F.R. § 416.345 . 3 Citations to “Tr.”
Covey v. Commissioner of Social Security (2022) nywd “See 20 C.F.R. § 416.345 (“[The Commissioner] will use the date of an oral inquiry about SSI benefits as the filing date of an application for benefits only if the use of that date will result in [the claimant's] eligibility for additional benefits.”
Charles C. Hoover v. Jo Anne B. Barnhart (2002) ca8 “See 20 C.F.R. § 416.345 (2001) (in order for date of oral inquiry to constitute date of SSI application, formal SSI application must be filed within sixty days after date of notice Social Security Administration sends following oral inquiries).”
Jacobs ex rel. Jacobs v. Shalala (1995) iasd “His decision instead concerned only whether a formal application was filed as required by 20 C.F.R. § 416.345 . 1. Retroactivity The Secretary argues that because the misinformation regulations were adopted August 31, 1994, they are not applicable to the ALJ’s April 15,1994…”
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