20 CFR 416.210 - You do not apply for other benefits. | Title 20 - Employees' Benefits | Code of Federal Regulations

§ 416.210

You do not apply for other benefits.

(a) General rule. You are not eligible for SSI benefits if you do not apply for all other benefits for which you may be eligible.

(b) What “other benefits” includes. “Other benefits” includes any payments for which you can apply that are available to you on an ongoing or one-time basis of a type that includes annuities, pensions, retirement benefits, or disability benefits. For example, “other benefits” includes veterans' compensation and pensions, workers' compensation payments, Social Security insurance benefits and unemployment insurance benefits. “Other benefits” for which you are required to apply do not include payments that you may be eligible to receive from a fund established by a State to aid victims of crime. (See § 416.1124(c)(17).)

(c) Our notice to you. We will give you a dated, written notice that will tell you about any other benefits that we think you are likely to be eligible for. In addition, the notice will explain that your eligibility for SSI benefits will be affected if you do not apply for those other benefits.

(d) What you must do to apply for other benefits. In order to apply for other benefits, you must file any required applications and do whatever else is needed so that your eligibility for the other benefits can be determined. For example, if any documents (such as a copy of a birth certificate) are required in addition to the application, you must submit them.

(e) What happens if you do not apply for the other benefits. (1) If you do not apply for the other benefits within 30 days from the day that you receive our written notice, you are not eligible for SSI benefits. This means that if you are applying for SSI benefits, you cannot receive them. If you are receiving SSI benefits, your SSI benefits will stop. In addition, you will have to repay us for any SSI benefits that you received beginning with the month that you received our written notice. We assume (unless you prove otherwise) that you received our written notice 5 days after the date shown on the notice. We will also find that you are not eligible for SSI benefits if you file the required application for other benefits but do not take other necessary steps to obtain them.

(2) We will not find you ineligible for SSI benefits if you have a good reason for not applying for the other benefits within the 30-day period or taking other necessary steps to obtain them. In determining whether a good reason exists, we will take into account any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) which may have caused you to fail to apply for other benefits. You may have a good reason if, for example—

(i) You are incapacitated (because of illness you were not able to apply); or

(ii) It would be useless for you to apply (you once applied for the benefits and the reasons why you were turned down have not changed).

[47 FR 3103, Jan. 22, 1982, as amended at 50 FR 5573, Feb. 11, 1985; 50 FR 14211, April 11, 1985; 59 FR 1635, Jan. 12, 1994; 61 FR 1712, Jan. 23, 1996]

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

77 FR 43492 - Expedited Vocational Assessment Under the Sequential Evaluation Process

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-17934
RIN	0960-AH26
Docket No.	SSA-2010-0060

SOCIAL SECURITY ADMINISTRATION

Final rules.

These rules are effective August 24, 2012.

20 CFR Parts 404 and 416

Summary

We are revising our rules to give adjudicators the discretion to proceed to the fifth step of the sequential evaluation process for assessing disability when we have insufficient information about a claimant's past relevant work history to make the findings required for step 4. If an adjudicator finds at step 5 that a claimant may be unable to adjust to other work existing in the national economy, the adjudicator will return to the fourth step to develop the claimant's work history and make a finding about whether the claimant can perform his or her past relevant work. We expect that this new expedited process will not disadvantage any claimant or change the ultimate conclusion about whether a claimant is disabled, but it will promote administrative efficiency and help us make more timely disability determinations and decisions.

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

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

§ 1382b - Resources

§ 1382c - Definitions

§ 1382d - Rehabilitation services for blind and disabled individuals

§ 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.

2013-02-04; vol. 78 # 23 - Monday, February 4, 2013

78 FR 7968 - Revised Medical Criteria for Evaluating Respiratory System Disorders

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-02165
RIN	0960-AF58
Docket No.	SSA-2006-0149

SOCIAL SECURITY ADMINISTRATION

Notice of proposed rulemaking.

To ensure that your comments are considered, we must receive them by no later than April 5, 2013.

20 CFR Parts 404 and 416

Summary

We propose to revise the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving respiratory disorders in adults and children under titles II and XVI of the Social Security Act (Act). The proposed revisions reflect our program experience, advances in medical knowledge, and comments we received from medical experts and the public at an outreach policy conference and in response to an Advance Notice of Proposed Rulemaking (ANPRM).

2013-01-28; vol. 78 # 18 - Monday, January 28, 2013

78 FR 5755 - Change in Terminology: “Mental Retardation” to “Intellectual Disability”

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-01522
RIN	0960-AH52
Docket No.	SSA-2012-0066

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

Summary

We propose to replace the term “mental retardation” with “intellectual disability” in our Listing of Impairments (listings) that we use to evaluate claims involving mental disorders in adults and children under titles II and XVI of the Social Security Act (Act) and in other appropriate sections of our rules. This change would reflect the widespread adoption of the term “intellectual disability” by Congress, government agencies, and various public and private organizations.

2012-07-25; vol. 77 # 143 - Wednesday, July 25, 2012

77 FR 43492 - Expedited Vocational Assessment Under the Sequential Evaluation Process

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-17934
RIN	0960-AH26
Docket No.	SSA-2010-0060

SOCIAL SECURITY ADMINISTRATION

Final rules.

These rules are effective August 24, 2012.

20 CFR Parts 404 and 416

Summary

We are revising our rules to give adjudicators the discretion to proceed to the fifth step of the sequential evaluation process for assessing disability when we have insufficient information about a claimant's past relevant work history to make the findings required for step 4. If an adjudicator finds at step 5 that a claimant may be unable to adjust to other work existing in the national economy, the adjudicator will return to the fourth step to develop the claimant's work history and make a finding about whether the claimant can perform his or her past relevant work. We expect that this new expedited process will not disadvantage any claimant or change the ultimate conclusion about whether a claimant is disabled, but it will promote administrative efficiency and help us make more timely disability determinations and decisions.

20 CFR 416.210 - You do not apply for other benefits.

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