[Title 20 CFR S]
[Code of Federal Regulations (annual edition) - April 1, 1996 Edition]
[Title 20 - EMPLOYEES' BENEFITS]
[Chapter III - SOCIAL SECURITY ADMINISTRATION]
[Part 404 - FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )]
[Subpart S - Payment Procedures]
[From the U.S. Government Publishing Office]
20
EMPLOYEES' BENEFITS
2
1996-04-01
1996-04-01
false
Payment Procedures
S
Subpart S
EMPLOYEES' BENEFITS
SOCIAL SECURITY ADMINISTRATION
FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )
Subpart S--Payment Procedures
Sec. 404.1800 Introduction.
After we have made a determination or decision that you are entitled
to benefits under title II of the Act, we begin paying those benefits to
you as soon as possible. This subpart explains--
(a) What we must do so that your benefits begin promptly;
(b) When and how you may request that payment of benefits be
expedited;
(c) When we may cause your benefits to be withheld;
(d) Our obligation not to assign or transfer your benefits to
someone; and
(e) When we will use one check to pay benefits to two or more
persons in a family.
Sec. 404.1805 Paying benefits.
(a) As soon as possible after we have made a determination or
decision that you are entitled to benefits, we certify to the Secretary
of the Treasury, who is the Managing Trustee of the Trust Funds--
(1) Your name and address, or the name and address of the person to
be paid if someone receives your benefits on your behalf as a
representative payee;
(2) The amount of the payment or payments to be made from the
appropriate Trust Fund; and
(3) The time at which the payment or payments should be made.
(b) Under certain circumstances when you have had railroad
employment, we will certify the information to the Railroad Retirement
Board.
Sec. 404.1810 Expediting benefit payments.
(a) General. We have established special procedures to expedite the
payment of benefits in certain initial and subsequent claims. This
section tells how you may request an expedited payment and when we will
be able to hasten your payments by means of this process.
(b) Applicability of section. (1) This section applies to monthly
benefits payable under title II of the Act, except as indicated in
paragraph (b)(2) of this section; and to those cases where we certify
information to the Railroad Retirement Board.
(2) This section does not apply--
(i) If an initial determination has been made and a request for a
reconsideration, a hearing, a review by the Appeals Council, or review
by a Federal
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court is pending on any issue of entitlement to or payment of a benefit;
(ii) To any benefit for which a check has been cashed; or
(iii) To any benefit based on an alleged disability.
(c) Request for payment. (1) You shall submit to us a written
request for payment of benefits in accordance with paragraph (c)(2) or
(c)(3) of this section. Paragraph (c)(2) of this section applies if you
were receiving payments regularly and you then fail to receive payment
for one or more months. Paragraph (c)(3) of this section applies if we
have not made a determination about your entitlement to benefits, or if
we have suspended or withheld payment due, for example, to excess
earnings or recovery of an overpayment.
(2) If you received a regular monthly benefit in the month before
the month in which a payment was allegedly due, you may make a written
request for payment any time 30 days after the 15th day of the month in
which the payment was allegedly due. If you request is made before the
end of the 30-day period, we will consider it to have been made at the
end of the period.
(3)(i) If you did not receive a regular monthly benefit in the month
before the month in which a payment was allegedly due, you may make a
written request for payment any time 90 days after the later of--
(A) The date on which the benefit is alleged to have been due; or
(B) The date on which you furnished us the last information we
requested from you.
(ii) If your request is made before the end of the 90-day period we
will consider it to have been made at the end of the period.
(d) Certification for payment. If we find that benefits are due, we
shall certify the benefits for payment in sufficient time to permit the
payment to be made within 15 days after the request for expedited
payment is made, or considered to have been made, as provided in
paragraph (c) of this section.
(e) Preliminary certification for payment. If we determine that
there is evidence, although additional evidence may be required for a
final decision, that a monthly benefit due to you in a particular month
was not paid, we may make preliminary certification of payment even
though the 30-day or 90-day periods described in paragraph (c) of this
section have not elapsed.
Sec. 404.1815 Withholding certification or payments.
(a) When certification may be withheld. After a determination or
decision, we may withhold certification to the Managing Trustee, or, if
we have already made certification, we may notify the Managing Trustee
to withhold payments. We may do this if a question about the validity of
the payment or payments to be made under the determination or decision
arises as the result of one of the following events:
(1) A reconsideration (whether at the request of a claimant or on
our own motion), hearing, or review is being conducted, or a civil
action has been filed in a Federal district court concerning the
determination or decision.
(2) An application or request is pending concerning the payment of
benefits or a lump sum to another person, and the application or request
is inconsistent, in whole or in part, with the payment or payments under
the determination or decision.
(b) When certification will not be withheld. We will not withhold
certification or payment as explained in paragraph (a) of this section
unless evidence is submitted with the request or application that is
sufficient to raise a reasonable question about the validity of the
payment or payments under the determination or decision. We will not
withhold certification of any amount of the payment or payments not in
question. Your acceptance of any payment or payments will not affect
your right to reconsideration, hearing, or review about any additional
payment or payments you may claim.
Sec. 404.1820 Transfer or assignment of payments.
(a) General. We shall not certify payment to--
(1) Any person designated as your assignee or transferee; or
(2) Any person claiming payment because of an execution, levy,
attachment, garnishment, or other legal process, or because of any
bankruptcy or
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insolvency proceeding against or affecting you.
(b) Enforcement of a child support or alimony obligation. If you
have a legal obligation to provide child support or make alimony
payments and legal process is issued to enforce this obligation, the
provisions of paragraph (a) of this section do not apply.
Sec. 404.1825 Joint payments to a family.
(a) Two or more beneficiaries in same family. If an amount is
payable under title II of the Act for any month to two or more persons
who are members of the same family, we may certify any two or more of
the individuals for joint payment of the total benefits payable to them
for the month.
(b) Joint payee dies before cashing a check. (1) If a check has been
issued for joint payment to an individual and spouse residing in the
same household, and one of the joint payees dies before the check has
been cashed, we may authorize the surviving payee to cash the check. We
make the authorization by placing on the face of the check a stamped
legend signed by an official of the Social Security Administration or
the Treasury Disbursing Office redesignating the survivor as the payee
of the check.
(2) If the uncashed check represents benefits for a month after the
month of death, we will not authorize the surviving payee to cash the
check unless the proceeds of the check are necessary to meet the
ordinary and necessary living expenses of the surviving payee.
(c) Adjustment or recovery of overpayment. If a check representing
payment of benefits to an individual and spouse residing in the same
household is cashed by the surviving payee under the authorization in
paragraph (b) of this section, and the amount of the check exceeds the
amount to which the surviving payee is entitled, we shall make
appropriate adjustment or recovery of the excess amount.