20 CFR Part 408
PART 408—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
- PART 408—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS
- Chapter III—Social Security Administration
- 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.
- 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?
- 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?
- 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?
- 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?
- 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?
- § 408.618 Advance designation of representative payees.
- § 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?
- § 408.626 How do we investigate an appointed representative payee?
- § 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?
- 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?
- 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?
- 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?
- 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?
- Subpart K—Representation of Parties
- § 408.1101 Can you appoint someone to represent you?
- 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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