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CFR › Title 20 › Chapter III › Part 416 › Subpart M › Section 416.1336

20 CFR 416.1336 - Notice of intended action affecting recipient's payment status.

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§ 416.1336
Notice of intended action affecting recipient's payment status.
(a) Advance written notice requirement. Advance written notice of intent to discontinue payment because of an event requiring suspension, reduction (see subpart D of this part), or termination of payments shall be given in all cases, prior to effectuation of the action, except where the Social Security Administration has factual information confirming the death of the recipient, e.g., as enumerated in § 404.704(b) of this chapter, or a report by a surviving spouse, a legal guardian, a parent or other close relative, or a landlord.
(b) Continuation of payment pending an appeal. The written notice of intent to suspend, reduce, or terminate payments shall allow 60 days after the date of receipt of the notice for the recipient to request the appropriate appellate review (see subpart N of this part). If appeal is filed within 10 days after the individual's receipt of the notice, the payment shall be continued or reinstated at the previously established payment level (subject to the effects of intervening events on the payment which are not appealed within 10 days of receipt of a required advance notice or which do not require advance notice, e.g., an increase in the benefit amount) until a decision on such initial appeal is issued, unless the individual specifically waives in writing his right to continuation of payment at the previously established level in accordance with paragraph (c) of this section. (See § 416.1337 for exceptions to the continuation of payment level.) Where the request for the appropriate appellate review is filed more than 10 days after the notice is received but within the 60-day period specified in § 416.1413 or § 416.1425 of this part, there shall be no right to continuation or reinstatement of payment at the previously established level unless good cause is established under the criteria specified in § 416.1411 of this part for failure to appeal within 10 days after receipt of the notice. For purposes of this paragraph, the date of receipt of the notice of intent to suspend, reduce, or terminate payments shall be presumed to be 5 days after the date on the face of such notice, unless there is a reasonable showing to the contrary.
(c) Waiver of right to continued payment. Notwithstanding any other provisions of this section, the recipient, in order to avoid the possibility of an overpayment of benefits, may waive continuation of payment at the previously established level (subject to intervening events which would have increased the benefit for the month in which the incorrect payment was made, in which case the higher amount shall be paid), after having received a full explanation of his rights. The request for waiver of continuation of payment shall be in writing, state that waiver action is being initiated solely at the recipient's request, and state that the recipient understands his right to receive continued payment at the previously established level.
[43 FR 18170, Apr. 28, 1978, as amended at 65 FR 16815, Mar. 30, 2000]

Title 20 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 20.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-07-25; vol. 77 # 143 - Wednesday, July 25, 2012
    1. 77 FR 43492 - Expedited Vocational Assessment Under the Sequential Evaluation Process
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      SOCIAL SECURITY ADMINISTRATION
      Final rules.
      These rules are effective August 24, 2012.
      20 CFR Parts 404 and 416

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 8 - ALIENS AND NATIONALITY

§ 1254a - Temporary protected status

USC : Title 31 - MONEY AND FINANCE

§ 3720A - Reduction of tax refund by amount of debt

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 421 - Disability determinations

§ 421 note - Disability determinations

§ 423 note - Disability insurance benefit payments

§ 902 - Commissioner; Deputy Commissioner; other officers

§ 902 note - Commissioner; Deputy Commissioner; other officers

§ 1310 - Cooperative research or demonstration projects

42 USC § 1320a–6 - Adjustments in SSI benefits on account of retroactive benefits under subchapter II

42 USC § 1320a–8a - Administrative procedure for imposing penalties for false or misleading statements

42 USC § 1320b–17 - Cross-program recovery of overpayments from benefits

§ 1381 - Statement of purpose; authorization of appropriations

§ 1381a - Basic entitlement to benefits

§ 1382 - Eligibility for benefits

§ 1382d - Rehabilitation services for blind and disabled individuals

§ 1382c - Definitions

§ 1382b - Resources

§ 1382a - Income; earned and unearned income defined; exclusions from income

§ 1382f - Cost-of-living adjustments in benefits

§ 1382h - Benefits for individuals who perform substantial gainful activity despite severe medical impairment

§ 1382h note - Benefits for individuals who perform substantial gainful activity despite severe medical impairment

§ 1382j - Attribution of sponsor’s income and resources to aliens

§ 1382 note - Eligibility for benefits

§ 1383 - Procedure for payment of benefits

§ 1383b - Administration

§ 1383c - Eligibility for medical assistance of aged, blind, or disabled individuals under State’s medical assistance plan

USC : Title 48 - TERRITORIES AND INSULAR POSSESSIONS

§ 1681 note - Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement

USC : Title 49 - TRANSPORTATION

§ 1681 note

Statutes at Large

118 Stat. 493

Title 20 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR 416 after this date.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5755 - Change in Terminology: “Mental Retardation” to “Intellectual Disability”
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      SOCIAL SECURITY ADMINISTRATION
      Notice of proposed rulemaking.
      To ensure that your comments are considered, we must receive them no later than February 27, 2013.
      20 CFR Parts 404 and 416