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. § 416.350

Treating a title II application as an oral inquiry about SSI benefits

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(a) When a person applies for benefits under title II (retirement, survivors, or disability benefits) we will explain the requirements for receiving SSI benefits and give the person a chance to file an application for them if—

(1) The person is within 2 months of age 65 or older or it looks as if the person might qualify as a blind or disabled person, and

(2) It is not clear that the person's title II benefits would prevent him or her from receiving SSI or any State supplementary benefits handled by the Social Security Administration.

(b) If the person applying for title II benefits does not file an application for SSI on a prescribed form when SSI is explained to him or her, we will treat his or her filing of an application for title II benefits as an oral inquiry about SSI, and the date of the title II application form may be used to establish the SSI application date if the requirements of § 416.345 (d) and (e) are met.

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 1990–2026 · leading case: WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Sec'y of Health & Human Servs., 900 F.2d 675 (3rd Cir. 1990).
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WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Sec'y of Health & Human Servs., 900 F.2d 675 (3rd Cir. 1990). · cites it 3× “20 C.F.R. § 416.350 (1989). FACTS Wright, who was born on September 24, 1945, has completed high school and three years of college.”
Crane v. Shalala, 76 F.3d 251 (9th Cir. 1996). “While a Title II application is considered as an oral inquiry into Title XVI benefits, 20 C.F.R. § 416.350 , to obtain them a claimant must actually file an application, 20 C.”
Amato v. Bowen, 739 F. Supp. 108 (E.D.N.Y 1990). “See 20 C.F.R. § 416.350 (1989). In light of the Secretary’s prior finding of disability in this case, this much was required.”
Brunetti v. Massanari, 24 F. App'x 19 (2d Cir. 2001). “1996) (“While a Title II application is considered as an oral inquiry into Title XVI benefits, 20 C.F.R. § 416.350 , to obtain them a claimant must actually file an application, 20 C.”
Symmes v. Commisioner of Soc. Sec. (S.D. Ohio 2021). · cites it 3× “See 20 C.F.R. § 416.350 (a). Where, as here, an application for DIB under Title II prompts an inquiry about SSI benefits, the regulations provide: If the person applying for title II benefits does not file an application for SSI on a prescribed form when SSI is explained to him…”
Woodington v. Comm'r of Soc. Sec. (D.N.J. 2021). · cites it 2× “223; see also 20 C.F.R. § 416.350 (b) (providing that the SSA “will treat .”
Shook (W.D. Ark. 2026). · cites it 2× “5 See 20 C.F.R. 416.350 (setting forth the requirements for treating a title II application as 4F an application for SSI benefits).”
Ford v. Comm'r, SSA (10th Cir. 2020). “See 20 C.F.R. §§ 416.350 , 416.420. As noted, Ms.”
Falkenstein v. Comm'r of Soc. Sec. (D.N.J. 2021). “See also 20 C.F.R. § 416.350 (b) (providing that the SSA “will treat .”
Wasson v. Kijakazi (D. Nev. 2022). “20 C.F.R. §§ 416.350 , 416.345. When a claimant fails 23 to raise a challenge “during administrative proceedings before the agency, the claimant forfeits such a challenge on appeal, at least when that claimant is represented by counsel.”
— 20 C.F.R. § 416.350(b) — 1 case
Woodington v. Comm'r of Soc. Sec. (D.N.J. 2021). “223; see also 20 C.F.R. § 416.350 (b) (providing that the SSA “will treat .”
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