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Electronic Code of Federal Regulations

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e-CFR Data is current as of July 23, 2014

TITLE 20—Employees' Benefits

CHAPTER III—SOCIAL SECURITY ADMINISTRATION

PART 408—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

rule

Subpart A—INTRODUCTION, GENERAL PROVISION AND DEFINITIONS

§408.101
What is this part about?
§408.105
Purpose and administration of the program.
§408.110
General definitions and use of terms.
§408.120
Periods of limitations ending on Federal nonworkdays.
rule

Subpart B—SVB QUALIFICATION AND ENTITLEMENT

§408.201
What is this subpart about?
§408.202
How do you qualify for SVB?
§408.204
What conditions will prevent you from qualifying for SVB or being entitled to receive SVB payments?
§408.206
What happens when you apply for SVB?
§408.208
What happens if you establish residence outside the United States within 4 calendar months?
§408.210
What happens if you do not establish residence outside the United States within 4 calendar months?
§408.212
What happens if you are a qualified individual already residing outside the United States?

Age

§408.214
Are you age 65?

Military Service

§408.216
Are you a World War II veteran?

SSI Eligibility

§408.218
Do you meet the SSI eligibility requirements?

Other Benefit Income

§408.220
Do you have other benefit income?
§408.222
How does your other benefit income affect your SVB?
§408.224
How do we determine the monthly amount of your other benefit income?
§408.226
What happens if you begin receiving other benefit income after you become entitled to SVB?

Residence Outside the United States

§408.228
When do we consider you to be residing outside the United States?
§408.230
When must you begin residing outside the United States?
§408.232
When do you lose your foreign resident status?
§408.234
Can you continue to receive SVB payments if you stay in the United States for more than 1 full calendar month?
rule

Subpart C—FILING APPLICATIONS

Filing Your Application

§408.301
What is this subpart about?
§408.305
Why do you need to file an application to receive benefits?
§408.310
What makes an application a claim for SVB?
§408.315
Who may sign your application?
§408.320
What evidence shows that a person has authority to sign an application for you?
§408.325
When is your application considered filed?
§408.330
How long will your application remain in effect?

Filing Date Based on Written Statement or Oral Inquiry

§408.340
When will we use a written statement as your filing date?
§408.345
When will we use the date of an oral inquiry as your application filing date?

Deemed Filing Date Based on Misinformation

§408.351
What happens if we give you misinformation about filing an application?

Withdrawal of Application

§408.355
Can you withdraw your application?
§408.360
Can you cancel your request to withdraw your application?
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Subpart D—EVIDENCE REQUIREMENTS

General Information

§408.401
What is this subpart about?
§408.402
When do you need to give us evidence?
§408.403
Where should you give us your evidence?
§408.404
What happens if you fail to give us the evidence we ask for?
§408.405
When do we require original records or copies as evidence?
§408.406
How do we evaluate the evidence you give us?

Age

§408.410
When do you need to give us evidence of your age?
§408.412
What kinds of evidence of age do you need to give us?
§408.413
How do we evaluate the evidence of age you give us?

Military Service

§408.420
What evidence of World War II military service do you need to give us?

SSI Eligibility

§408.425
How do we establish your eligibility for SSI?

Other Benefit Income

§408.430
When do you need to give us evidence of your other benefit income?
§408.432
What kind of evidence of your other benefit income do you need to give us?

Residence

§408.435
How do you prove that you are residing outside the United States?
§408.437
How do you prove that you had good cause for staying in the United States for more than 1 full calendar month?
rule

Subpart E—AMOUNT AND PAYMENT OF BENEFITS

§408.501
What is this subpart about?
§408.505
How do we determine the amount of your SVB payment?
§408.510
How do we reduce your SVB when you receive other benefit income?
§408.515
When do we make SVB payments?
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Subpart F—REPRESENTATIVE PAYMENT

§408.601
What is this subpart about?
§408.610
When will we send your SVB payments to a representative payee?
§408.611
What happens to your monthly benefits while we are finding a suitable representative payee for you?
§408.615
What information do we consider in determining whether we will pay your benefits to a representative payee?
§408.620
What information do we consider in selecting the proper representative payee for you?
§408.621
What is our order of preference in selecting a representative payee for you?
§408.622
Who may not serve as a representative payee?
§408.624
How do we investigate a representative payee applicant?
§408.625
What information must a representative payee report to us?
§408.630
How will we notify you when we decide you need a representative payee?
§408.635
What are the responsibilities of your representative payee?
§408.640
How must your representative payee use your benefits?
§408.641
Who is liable if your representative payee misuses your benefits?
§408.645
What must your representative payee do with unused benefits?
§408.650
When will we select a new representative payee for you?
§408.655
When will we stop making your payments to a representative payee?
§408.660
What happens to your accumulated funds when your representative payee changes?
§408.665
How does your representative payee account for the use of your SVB payments?
rule

Subpart G—REPORTING REQUIREMENTS

§408.701
What is this subpart about?
§408.704
Who must make reports?
§408.708
What events must you report to us?
§408.710
What must your report include?
§408.712
How should you make your report?
§408.714
When are reports due?
rule

Subpart H—SUSPENSIONS AND TERMINATIONS

§408.801
What is this subpart about?

Suspension

§408.802
When will we suspend your SVB payments?
§408.803
What happens to your SVB payments if you fail to comply with our request for information?
§408.806
What happens to your SVB payments if you are no longer residing outside the United States?
§408.808
What happens to your SVB payments if you begin receiving additional benefit income?
§408.809
What happens to your SVB payments if you are removed (including deported) from the United States?
§408.810
What happens to your SVB payments if you are fleeing to avoid criminal prosecution or custody or confinement after conviction, or because you violate a condition of probation or parole?
§408.812
What happens to your SVB payments if you are not a citizen or national of the United States and you begin residing in a Treasury-restricted country?

Termination

§408.814
Can you request termination of your SVB entitlement?
§408.816
When does SVB entitlement end due to death?
§408.818
When does SVB entitlement terminate if your benefit payments have been in suspense for 12 consecutive months?
§408.820
Will we send you a notice of intended action affecting your SVB payment status?
rule

Subpart I—UNDERPAYMENTS AND OVERPAYMENTS

General Rules

§408.900
What is this subpart about?
§408.901
What is an underpayment?
§408.902
What is an overpayment?
§408.903
How do we determine the amount of an underpayment or overpayment?
§408.904
How will you receive an underpayment?
§408.905
Will we withhold or adjust an underpayment to reduce an overpayment if that overpayment occurred in a different period?

Waiver of Recovery of SVB Overpayments

§408.910
When will we waive recovery of an SVB overpayment?
§408.911
What happens when we waive recovery of an SVB overpayment?
§408.912
When are you without fault regarding an overpayment?
§408.913
When would overpayment recovery defeat the purpose of the title VIII program?
§408.914
When would overpayment recovery be against equity and good conscience?

Notices

§408.918
What notices will you receive if you are overpaid or underpaid?

Refund of Overpayments

§408.920
When will we seek refund of an SVB overpayment?

Adjustment of SVB

§408.922
When will we adjust your SVB payments to recover an overpayment?
§408.923
Is there a limit on the amount we will withhold from your SVB payments to recover an overpayment?

Adjustment of Title II Benefits

§408.930
Are title II and title XVI benefits subject to adjustment to recover title VIII overpayments?
§408.931
How much will we withhold from your title II and title XVI benefits to recover a title VIII overpayment?
§408.932
Will you receive notice of our intention to apply cross-program recovery?
§408.933
When will we begin cross-program recovery from your current monthly benefits?

Tax Refund Offset

§408.940
When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset?
§408.941
Will we notify you before we refer an SVB overpayment for tax refund offset?
§408.942
Will you have a chance to present evidence showing that the overpayment is not past due or is not legally enforceable?
§408.943
What happens after we make our determination on your request for review or your request for waiver?
§408.944
How can you review our records related to an SVB overpayment?
§408.945
When will we suspend tax refund offset?
§408.946
What happens if your tax refund is insufficient to cover the amount of your SVB overpayment?

Compromise Settlements, or Suspensions or Termination of Collection

§408.950
Will we accept a compromise settlement of an overpayment debt or suspend or terminate collection of an overpayment?
rule

Subpart J—DETERMINATIONS AND THE ADMINISTRATIVE REVIEW PROCESS

Introduction, Definitions, and Initial Determinations

§408.1000
What is this subpart about?
§408.1001
Definitions.
§408.1002
What is an initial determination?
§408.1003
Which administrative actions are initial determinations?
§408.1004
Which administrative actions are not initial determinations?
§408.1005
Will we mail you a notice of the initial determination?
§408.1006
What is the effect of an initial determination?

Reconsideration

§408.1007
What is reconsideration?
§408.1009
How do you request reconsideration?
§408.1011
How do we determine whether you had good cause for missing the deadline to request review?
§408.1013
What are the methods for reconsideration?
§408.1014
What procedures apply if you request reconsideration of an initial determination on your application for SVB?
§408.1015
What procedures apply if you request reconsideration of an initial determination that results in suspension, reduction, or termination of your SVB?
§408.1016
What happens if you request a conference?
§408.1020
How do we make our reconsidered determination?
§408.1021
How does the reconsidered determination affect you?
§408.1022
How will we notify you of our reconsidered determination?

Expedited Appeals Process

§408.1030
When can you use the expedited appeals process?

Hearing Before an Administrative Law Judge

§408.1040
When can you request a hearing before an administrative law judge (ALJ)?

Administrative Law Judge Hearing Procedures

§408.1045
What procedures apply if you request an ALJ hearing?

Appeals Council Review

§408.1050
When can you request Appeals Council review of an ALJ hearing decision or dismissal of a hearing request?

Court Remand Cases

§408.1060
What happens if a Federal Court remands your case to the Commissioner?

Reopening and Revising Determinations and Decisions

§408.1070
When will we reopen a final determination?
rule

Subpart K—REPRESENTATION OF PARTIES

§408.1101
Can you appoint someone to represent you?
rule

Subpart L—FEDERAL ADMINISTRATION OF STATE RECOGNITION PAYMENTS

§408.1201
What are State recognition payments?
§408.1205
How can a State have SSA administer its State recognition payment program?
§408.1210
What are the essential elements of an administration agreement?
§408.1215
How do you establish eligibility for Federally administered State recognition payments?
§408.1220
How do we pay Federally administered State recognition payments?
§408.1225
What happens if you receive an overpayment?
§408.1226
What happens if you are underpaid?
§408.1230
Can you waive State recognition payments?
§408.1235
How does the State transfer funds to SSA to administer its recognition payment program?


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