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CFR › Title 20 › Chapter III › Part 416 › Subpart C › Section 416.340

20 CFR 416.340 - Use of date of written statement as application filing date.

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§ 416.340
Use of date of written statement as application filing date.
We will use the date a written statement, such as a letter, an SSA questionnaire or some other writing, is received at a social security office, at another Federal or State office designated by us, or by a person we have authorized to receive applications for us as the filing date of an application for benefits, only if the use of that date will result in your eligibility for additional benefits. If the written statement is mailed, we will use the date the statement was mailed to us as shown by a United States postmark. If the postmark is unreadable or there is no postmark, we will use the date the statement is signed (if dated) or 5 days before the day we receive the written statement, whichever date is later, as the filing date of an application for benefits. In order for us to use your written statement to protect your filing date, the following requirements must be met:
(a) The written statement shows an intent to claim benefits for yourself or for another person.
(b) You, your spouse or a person who may sign an application for you signs the statement.
(c) An application form signed by you or by a person who may sign an application for you is filed with us within 60 days after the date of a notice we will send telling of the need to file an application. The notice will say that we will make an initial determination of eligibility for SSI benefits if an application form is filed within 60 days after the date of the notice. (We will send the notice to the claimant, or where he or she is a minor or incompetent, to the person who gave us the written statement.)
(d) (1) The claimant is alive when the application is filed on a prescribed form, or
(2) If the claimant dies after the written statement is filed, the deceased claimant's surviving spouse or parent(s) who could be paid the claimant's benefits under § 416.542(b), or someone on behalf of the surviving spouse or parent(s) files an application form. If we learn that the claimant has died before the notice is sent or within 60 days after the notice but before an application form is filed, we will send a notice to such a survivor. The notice will say that we will make an initial determination of eligibility for SSI benefits only if an application form is filed on behalf of the deceased within 60 days after the date of the notice to the survivor.
[45 FR 48120, July 18, 1980, as amended at 51 FR 13493, Apr. 21, 1986; 58 FR 52912, Oct. 13, 1993]

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
      GPO FDSys XML | Text
      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

§ 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
    1. 78 FR 7968 - Revised Medical Criteria for Evaluating Respiratory System Disorders
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      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