404.968 Certification of payment. 404.968a Expedited benefit payments. 404.1013 404.969 Withholding certification or pay ments. 404.970 Transfer or assignment. 404.971 Representation of party-appointment of representative. 404.972 Qualifications of representative. 404.973 Authority of representative. 404.974 Proceedings before a State or Federal court. 404.975 Fee for services performed for an individual before the Social Security Administration. 404.976 Petition for approval of fee. 404.977 Payment of fee. 404.977a Services rendered for an individual in a proceeding before the Administration under titles II or XVIII of the Act. 404.978 Rules governing the representation and advising of claimants and parties. 404.979 Disqualification or suspension of an individual from acting as a representative in proceedings before the Social Security Administration. 404.980 Notice of charges. 404.981 Withdrawal of charges. 404.982 Referral to Bureau of Hearings and Appeals for hearing and decision. 404.983 Hearing on charges. 404.984 Decision by hearing officer. 404.985 Right to request review of the hearing officer's decision. 404.986 Procedure before Appeals Council on review of hearing officer's decision. 404.987 Evidence admissible on review. 404.988 Decision by Appeals Council on review of hearing officer's decision. 404.989 Dismissal by Appeals Council. 404.990 Reinstatement after suspension or disqualification. Subpart K-Employment-Wages-Self-Employ ment-Self-Employment Income 404.1002 Employment prior to 1951. 404.1003 Employment after 1950. 404.1004 Who are employees. 404.1005 Who are employers. vessel or aircraft. Services in employ of United States or instrumentalities thereof. 404.1014 States and their political subdivisions and instrumentalities. 404.1014a Services in the employ of the governments of American Samoa and Guam. 404.1015 Ministers of churches and members of religious orders. 404.1016 Religious, charitable, educational, or certain other organizations exempt from income tax. 404.1017 Railroad industry: employees and employee representatives under section 1532 of the Internal Revenue Code of 1939 and section 3231 of the Internal Revenue Code of 1954. 404.1018 Organizations exempt from income tax; remuneration less than $50 for services in calendar quarter. 404.1019 Students employed by school, colleges, or universities. 404.1054 404.1055 participation. Dividends and interest. Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion. 404.1056 404.1057 Net operating loss deduction. Community income. 404.1304 404.1305 404.1406 "World War II veterans" defined. 404.1306 "Active service of 90 days" defined. 404.1307 "Separation under conditions other than dishonorable" defined. 404.1308 Effect of section 217(a) of the Act. 404.1809 Effect of section 217(e) of the Act. 404.1310 Limitation on granting of World War II and post-World War II service wage credits. 404.1311 "Federal benefit" defined. 404.1312 Determination and certification of payments based on World War II or post-World War II service wage credits. 404.1313 Effect of notice of determination that a "Federal benefit” is payable. 404.1314 Erroneous payment resulting from a determination that a "Federal benefit" has been determined payable. 404.1315 Effect of section 217(b) of the Act; deemed insured status and deemed wages provided. 404.1316 Conditions barring application of deemed insured status. 404.1317 Computation of benefits based on deemed insured status. 404.1818 Benefits payable under deemed insured status upon death of World War II veteran. 404.1819 Determination of benefits payable on deemed insured status and certification of payments. 404.1320 Effect on determination and certification of payment under deemed insured status of receipt of notice of determination that pension or compensation is payable by Veterans' Administration. dustry are covered. Definition of "years of service". Effective date of coverage of railroad services under the act. When the provisions of § 404.1402 do not apply. Eligibility to railroad retirement benefits as a bar to payment of social security benefits. 404.1407 When railroad retirement benefits do not bar payment for social security benefits. Compensation to be treated as wages. 404.1408 404.1409 404.1410 Purposes of using compensation. Presumption on basis of certified compensation record. 404.1411 Allocation of compensation to months of service. Sec. 404.1526 Conclusion by physician regarding individual's disability. 404.1527 Consultative examinations. 404.1528 Evidence of continuation of disability. 404.1529 Place and manner of submitting evidence. 404.1530 404.1531 Failure to submit evidence. Responsibility to give notice of Evaluation of work activities. 404.1532 404.1538 Recovery from impairment while working. 404.1539 Cessation of disability. Appendix-Listing of impairments. Subpart Q-Representative Payee 404.1601 Payments on behalf of an individual. 404.1602 Submission of evidence by representative payee. 404.1603 Responsibility of representative payee. 404.1604 Use of benefits for current maintenance. 404.1605 404.1606 Conservation and investment of payments. Use of benefits for beneficiary in institution. 404.1607 Support of legally dependent spouse, child, or parent. Claims of creditors. Accountability. 404.1608 404.1609 404.1610 Transfer of accumulated benefit payments. Subpart A-Introduction, General Definitions and General Provisions AUTHORITY: The provisions of this Subpart A issued under secs. 205, 227, and 1102, 53 Stat. 1368, as amended, 79 Stat. 379, 49 Stat. 647, as amended; section 5 of the Reorganization Plan No. 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. 405, 427, and 1302, unless otherwise noted. (b) Subpart B relates to quarters of coverage and insured status requirements. (c) Subpart C relates to basic computation, recomputation, and recalculation of benefits and lump sums. (d) Subpart D relates to the requirements for entitlement to monthly benefits and to the lump-sum death payment, duration of entitlement and benefit rates. (e) Subpart E contains provisions relating to the reduction and increase of insurance benefits and to deductions from benefits and lump-sum death payments. (f) Subpart F relates to overpayments, underpayments, waiver of adjustment or recovery of overpayments and liability of certifying officers. (g) Subpart G relates to filing of applications and other forms. (h) Subpart H relates to evidentiary requirements for establishing an initial and continuing right to monthly benefits and for establishing a right to lump-sum death payment. (Evidentiary requirements relating to disability are contained in Subpart P.) (i) Subpart I relates to maintenance and revision of records of wages and self-employment income. (j) Subpart J relates to procedures for determining and reviewing entitlement to and payment of benefits and lump sums, determining and reviewing rights with respect to the establishment and continuance of a period of disability, the revision of earnings records, and the representation of parties. (k) Subpart K relates to employment, wages, self-employment and selfemployment income. (1) Subpart L relates to determinations of relationship of a claimant to the individual on whose earnings the application is based. (m) Subpart M relates to coverage of employees of State and local Governments. (n) Subpart N relates to benefits in cases involving veterans. (0) Subpart O relates to the interrelationship of the old-age, survivors and disability insurance program with the railroad retirement program. (p) Subpart P relates to rights and benefits based on disability. (a) Terms relating to acts and regulations. (1) "The act" means the Social Security Act, as amended, as in effect July 1, 1961. (2) "Social Security Act" means the act approved August 14, 1935 (49 Stat. 620). (3) "Social Security Act Amendments of 1950" means the act approved August 28, 1950 (64 Stat. 477). (4) "Social Security Act Amendments of 1952” means the act approved July 18, 1952 (66 Stat. 767). (5) "Social Security Amendments of 1954" means the act approved September 1, 1954 (68 Stat. 1052). (6) "Social Security Amendments of 1956" means the act approved August 1, 1956 (70 Stat. 807). (7) "Social Security Amendments of 1958" means the act approved August 28, 1958 (72 Stat. 1013). (8) "Social Security Amendments of 1960" means the act approved September 13, 1960 (74 Stat. 924). (9) "Social Security Amendments of 1961" means the act approved June 30, 1961 (75 Stat. 131). (10) "Regulations 2" (20 CFR, 1938 ed. Part 402) means the regulations approved July 20, 1937, as amended from time to time, relating to Federal old-age benefits under title II of the Social Security Act and amendments to such title effective prior to January 1, 1940. (11) "Regulations 3" (20 CFR, 1961 ed., Part 403) means the regulations approved May 21, 1940, as amended and supplemented from time to time, relating to Federal old-age and survivors benefits under title II of the Social Security Act and amendments to such title effective prior to January 1, 1951. (12) "Internal Revenue Code of 1939" means the act approved February 10, 1939 (53 Stat. Part 1), as amended. (13) "Internal Revenue Code of 1954" means the act approved August 16, 1954 (68A Stat. 1), as amended. Act" (14) "Railroad Retirement means the Railroad Retirement Act of 1937 (50 Stat. 307), as amended. (15) "Section" means a section of the regulations in Part 404 of this chapter unless the context indicates otherwise. (b) Secretary; Commissioner; Administration; Appeals Council; Hearing Examiner defined. (1) "Secretary" means the Secretary of Health, Education, and Welfare. (2) "Commissioner” means the Commissioner of Social Security. (3) "Administration," except where the context clearly indicates otherwise, means the Social Security Administration in the Department of Health, Education, and Welfare. (4) "Appeals Council" means the Appeals Council of the Bureau of Hearings and Appeals in the Social Security Administration or such member or members thereof as may be designated by the Chairman. (5) "Hearing Examiner" (formerly designated "referee"), means a hearing examiner in the Bureau of Hearings and Appeals of the Social Security Administration. (c) Miscellaneous. (1) "Certify," when used in connection with the duty imposed on the Secretary by section 205 (i) of the act, means that action taken by the Administration in the form of a written statement addressed to the Managing Trustee, setting forth the name and address of the person to whom payment of a benefit or lump sum, or any part thereof, is to be made, the amount to be paid, and the time at which payment should be made. (2) "Benefit" means an old-age insurance benefit, disability insurance benefit. wife's insurance benefit, husband's insurance benefit, child's insurance benefit, widow's insurance benefit, widower's insurance benefit, mother's insurance benefit, or parent's insurance benefit under title II of the act. (Lump sums, which are death payments under title II of the act, are excluded from the term "benefit" as defined in this part to permit greater clarity in the regulations.) (3) "Lump sum" means a lump-sum death payment under title II of the act or any person's share of such a payment. |