The subscription price is $5.00 a year ($1.25 additional for foreign mailing). The price per copy is $1.25. Cumulative Bulletins containing the rulings issued during 1976 and 1977 are available by individual purchase from Superintendent of Documents, Government Printing Office. The prices are: Cumulative Bulletin 1976 Cumulative Bulletin 1977 $2.20 3.25 Cumulative Bulletins from 1960 on other than those listed above may be obtained free of charge upon request to the Social Security Administration, Office of Regulations, 6401 Security Blvd., Baltimore, Maryland 21235. The Social Security Act and related laws are printed in the "Compilation of the Social Security Laws." The 1973 edition is available for purchase in two volumes. Volume I contains the Social Security Act as amended through January 1, 1973, title IV of the Federal Coal Mine Health and Safety Act, as amended in May 1972, and pertinent provisions of the Internal Revenue Code of 1954. Volume II contains sections of amending acts affecting the Social Security Act, provisions of the Act which have been repealed and provisions of related enactments through December 31, 1972. These volumes may be purchased together or separately, at $3.45 for Volume I and $3.20 for Volume II. The Social Security Act is also contained in title 42 of the United States Code, section 301 et seq: title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, (miner's black lung benefits) is contained in title 30 of the United States Code, sections 901, et seq. Title 20 of the Code of Federal Regulations, revised as of April 1, 1978, is available for purchase at a price of $5.00. New and amended regulations are printed initially in the Federal Register. The charge for individual copies is 75 cents for each issue, or 75 cents for each group of pages as actually bound. The Social Security Handbook, sixth edition, reflects the provisions of the Social Security Act as amended through March 1, 1978, the regulations issued thereunder, and precedential case decisions (rulings) relating to the retirement, survivors, disability, health insurance, black lung benefits, and supplementary security income programs. It also includes brief descriptions of related programs. The Handbook is intended for the use of people who want a detailed explanation of these programs, how they operate, who is entitled to benefits and how such benefits may be obtained. The Handbook may be obtained for $4.75. These publications, including materials now being prepared or planned, when published, may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. A check or money order covering the cost of the publication, when listed, should accompany the order for the publication. TABLE OF CONTENTS page 3 4 6 Requirement for entitlement-Marriage-Status at time of filing application Relationship definition of child Relationship-Dependency of stepchild-"Change in support" situation-Validity of regulation Relationship-Stepchild-Duration requirement-Accidental death of Legal adoption beyond required 24-month period-Required participation Child legally adopted after worker's entitlement to disability insurance benefits-Dependency requirements Child adopted after worker's death-Constitutionality of support exception Filing for all benefits-Widow's insurance benefits Retroactivity following change of law-Child's insurance benefits 94 Presumption of death-Absence for 7 years not unexplained Termination of benefits-Disappearance of beneficiary-Time of death Relationship What constitutes marriage ceremony page 96 104 106 109 116 118 120 Entitlement by claimant as spouse of deemed marriage and as widow 122 Marriage to old-age insurance beneficiary prior to entitlement as child Validity of divorce-Domicile of worker-Legitimacy of child 129 130 132 135 137 Validity of divorce obtained outside of State Validity of divorce-Decree recorded after worker's death-South Carolina Presumption of validity of last marriage-Recognition of foreign divorce-Estoppel Purported foreign divorce-Choice of law-Domicile 138 140 142 144 Divorced wife-Effect of foreign ex parte divorce decree on court order of support Presumption of legitimacy of child born during marriage-Validity of blood grouping tests-Hawaii 152 Presumption of legitimacy of child born after death of worker-Gestation period 153 Status of child claimant conceived prior to worker's entitlement to retirement insurance benefits but born thereafter 155 Rebutting presumption of legitimacy of child born in lawful wedlock-Sterility of alleged father Adoption of a child by natural mother and her spouse-Adoption as a terminating event Legal adoption-Change of domicile prior to final decree of adoption Legal adoption beyond required 24-month period-Participation by child placement agency-Constitutionality 159 160 163 166 COMPUTATIONS Determination of average monthly wage-Divisor months 167 periods of noncovered employment in benefit computation years for purpose of determining number of divisor months 170 COMPUTATIONS-Continued Determination of average monthly wage-Divisor months-Pre 1965 exclusion of physician services as self-employment incomeConstitutionality page 173 Service in employ of spouse-Exclusion of wages-Statute of limitations correction of earnings record 183 Deferred compensation payments-Effect on benefit computation and retirement test 184 When wages are paid-Point at which social security contribution liability attaches to deferred compensation 186 Termination allowances under compensation plan-Payment after end of employment relationship 189 Employer-Employee Relationship Status of captains and crews of commercial fishing boats 191 200 Net Earnings from Self-Employment Commission on sale of real estate salesman's own property Gross income from agricultural enterprise-Nonproduction payment certificates Ministers-Rental value of parsonage to be included in computing net earnings from self-employment 205 206 210 215 218 220 221 223 224 Partnership alleged-Husband and wife 225 Validity of husband-wife partnership in operation of small enterprise Royalties from patent or copyright in or after year beneficiary attained age 65-Work deductions 240 NONPAYMENT OF BENEFITS Work Deductions Report of earnings-Failure to file timely-Good cause 242 Substantial services in self-employment-Highly skilled and technical services 244 Deductions-Coverage for members of religious orders subject to vow-of-poverty-Effect of retroactive wage credits 261 Deductions on account of work-Deferred compensation-Adjustment or recovery of overpayment 264 Wage status of traveling expenses-Waiver of recovery or adjustment of overpayment 266 Suspension of Benefits to Persons Outside of United States Deductions from benefits-Noncovered work outside United States-7-day work test Alien beneficiaries outside the United States—Effect of change of citizenship Alien beneficiaries outside the United States-Trust Nonpayment due to deportation REPRESENTATIVE PAYEE 268 270 272 275 Selection for institutionalized beneficiary-Ability to handle own affairs 277 278 280 UNDERPAYMENTS AND OVERPAYMENTS Overpayments Overpayment resulting from simultaneous entitlement to more than one benefit-Determination of fault-Recovery Reopening and revision of earnings record after expiration of time limitation-Unreported wages 303 Finality of decision-Correction of earnings record after expiration of time limitation 307 Statute of limitations-Revision of earnings record-Filing of "tax return"-Net earnings from self-employment--Interest income from contracts of sale of realty 310 |