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beneficiary's earliest possible rehabilitation or release from the institution or which otherwise will help him live as normal a life as practicable in the institutional environment.

§ 404.1607 Support of legally dependent spouse or child.

If current maintenance needs of a beneficiary are being reasonably met, a relative or other person to whom payments are certified as representative payee on behalf of the beneficiary, may use part of the payments so certified for the support of the legally dependent spouse or a legally dependent child of the beneficiary.

§ 404.1608 Claims of creditors.

A relative or other person to whom payments under Title II of the Act are certified as representative payee on behalf of a beneficiary may not be required to use such payments to discharge an indebtedness of the beneficiary which was incurred before the first month for which payments are certified to a relative or other person on the beneficiary's behalf. In no case, however, may such payee use such payments to discharge such indebtedness of the beneficiary unless the current and reasonably foreseeable future needs of the beneficiary are otherwise provided for. [28 F.R. 7182, July 12, 1963]

§ 404.1609 Accountability.

A relative or other person to whom payments are certified as representative payee on behalf of a beneficiary shall submit a written report in such form and at such times as the Administration may require, accounting for the payments certified to him on behalf of the beneficiary unless such payee is a courtappointed fiduciary and, as such, is required to make an annual accounting to the court, in which case a true copy of each such account filed with the court may be submitted in lieu of the accounting form prescribed by the Administration. If any such relative or other person fails to submit the required accounting within a reasonable period of time after it is requested, no further payments shall be certified to him on behalf of the beneficiary unless for good cause shown, the default of such relative or other person is excused by the Administration, and the required accounting is thereafter submitted.

§ 404.1610 Transfer of accumulated benefit payments.

A representative payee who has conserved or invested funds from Title II payments certified to him on behalf of a beneficiary shall, upon direction of the Administration, transfer any such funds (including interest earned from investment of such funds) to a successor payee appointed by the Administration, or, at the option of the Administration, shall transfer such funds, including interest, to the Administration for recertification to a successor payee or to the beneficiary. [28 F.R. 7183, July 12, 1963]

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gether with the number on his card, identifies his account so that the wages or self-employment income reported by or for him can be properly posted to his record. Additional procedures concerning social security account numbers may be found in 26 CFR 31.6011(b) -2.

(b) Applying for account numbers. Any person who is required to have a social security account number may apply for one by filing Treasury Department Form SS-5, "Application for Social Security Account Number," at any social security district office, or, if the individual is in the Philippines, at the Veterans' Administration Regional Office, Manila, Philippines. The Form SS-5 may be obtained at any social security district office, the Division of Accounting Operations of the Social Security Administration, Baltimore, Maryland, 21235, offices of district directors of internal revenue, post offices (except the main post office in cities having a social security district office), offices of the United States Employment Service in cities which do not have a social security district office, and the Veterans' Administration Regional Office, Manila, Philippines. Upon request, the social security district office will distribute a quantity of Forms SS-5 to labor unions, employers, or other representative organizations.

(c) Assignment of account number. Upon receipt of a completed Form SS-5, the district office assigns a social security account number to the applicant, and prepares and gives to him a Form OA702, "Account Number Card." However, if it appears that an account number may have been assigned to him previously, his application is forwarded to the Division of Accounting Operations of the Social Security Administration in Baltimore, Maryland, for checking against the Administration's central files. In such case, if the applicant states that he needs a social security card immediately the district office, pending the check of the central files, prepares and gives to him a temporary unnumbered card (Form OAAN-5028), to be used as proof that he has applied for an account number. If the investigation discloses a previously assigned account number, the district office prepares and delivers to the applicant a Form OA-702.1, "Duplicate Account Number Card." If the investigation does not disclose a previously assigned account number, an account number is assigned to him. The account number card, whether it is an original

or a duplicate, shows the applicant's name and the number of his social security account. The applicant should keep the lower portion of the card (or “stub") in a safe place so that it will be available in case of loss of the card. If the application for an account number is filed at the Veterans' Administration Regional Office, Manila, Philippines, that office forwards the Form SS-5 to the Division of Accounting Operations of the Social Security Administration in Baltimore, Maryland, for assignment of the account number, or for preparation of a duplicate account number card, whichever is appropriate.

(d) Use of Form SS-5 and carbon copy of Form OA-702. The Division of Accounting Operations uses the Forms SS-5 and the carbon copies of the Form OA702 to establish the necessary records for the maintenance of individual records of earnings. The Forms SS-5 are retained by the Division of Accounting Operations for use in identifying the individuals to whom the account numbers are assigned.

(e) Where individual alleges loss of or damage to account number card. When an individual loses his social security account number card, or his card becomes damaged, he may obtain at once a duplicate card (Form OA-702.1) bearing the same account number from any social security district office, upon presentation of the lower portion of the account number card previously issued to him. If an individual does not have the lower portion of the account number card previously issued to him, he may request a duplicate account number card by submitting a properly completed Form SS-5, "Application for Social Security Account Number," to any social security district office. The Social Security Administration will attempt to locate his account number on the basis of the identifying information he has furnished. If the account number is located, the district office will issue a duplicate account number card to the individual. If the account number cannot be located on the basis of the information furnished, the district office will question the individual in an attempt to ascertain and resolve any possible differences between the identifying information furnished on the current Form SS-5 and information he may have furnished on a previous application. If the Social Security Administration is still unable to locate a previously assigned number, or if it is found that the

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Form OAAN-7003, "Request for Change in Your Social Security Records," should be completed by any person who wishes to change the name or other personal identifying information he submitted previously. This form may be obtained from any social security district office, from the Division of Accounting Operations, Social Security Administration, Baltimore, Maryland, 21235, or from one of the sources noted in § 422.1 (b) from which Forms SS-5 may be obtained. The completed request for change in records may be submitted to any office of the Social Security Administration, or, if the individual is in the Philippines, to the Veterans' Administration Regional Office, Manila, Philippines. After the requested change has been made in the Social Security Administration's records, the Form OAAN-7003 is retained in the Division of Accounting Operations along with the Form SS-5. [27 F.R. 2796, March 27, 1962, as amended at 29 F.R. 1800, Feb. 6, 1964]

§ 422.3 Employers' identification numbers.

(1) (a) State and local governments. In the case of a State which enters into an agreement with the Secretary of Health, Education, and Welfare under section 218 of the Social Security Act, the Division of Accounting Operations, in conformance with § 404.1240 of this chapter, will assign an employer's identification number to the State (if State employees are covered under the agreement) and to each political subdivision included in the agreement. Similarly,

in the case of such an agreement with an instrumentality of two or more States (interstate instrumentality), the Division of Accounting Operations will assign an employer's identification number

to such interstate instrumentality. The Division of Accounting Operations sends to the appropriate official of the State or instrumentality a Form OAR-S14, "Notice of Identifying Number Assigned Under Agreement Made Pursuant to Section 218 of the Social Security Act," for each number assigned.

(2) If wages for covered transportation service (as determined under section 210(k) of the Social Security Act, as amended) are paid by a State or political subdivision of a State, which are subject to tax under the Federal Insurance Contributions Act, the district director of internal revenue will assign an identification number to such State or political subdivision for the purpose of reporting such wages. In these cases the procedures for issuance of identification numbers by district directors of internal revenue to State or political subdivisions are the same as the procedures for issuing identification numbers to employers other than State and local governments. See paragraph (b) of this section for the reference to such procedures.

(b) Employers other than State and local governments. For all employers other than States, political subdivisions, or interstate instrumentalities, identification numbers are issued by district directors of internal revenue. The appropriate procedures for issuance of employers' identification numbers may be found in 26 CFR 31.6011(b)-1.

(Sec. 218, 64 Stat. 514, as amended; 42 U.S.C. 418) [27 F.R. 2796, Mar. 27, 1962]

§ 422.4 Earnings reported without an account number.

If an employer reports an employee's wages without an account number, the Division of Accounting Operations writes to the employer regarding each of the incompletely reported wage items. The employer is asked to furnish the missing account number or other identifying information. When an employer is unable to furnish the employee's account number or satisfactory identifying information and does furnish an address for the employee, the Division of Accounting Operations writes to the employee and requests him to furnish the necessary information so that the earnings reported may be properly posted to his account. If self-employment income is reported without an account number, the Division of Accounting Operations

writes to the self-employed individual to obtain the missing account number. [27 F.R. 2796, Mar. 27, 1962]

§ 422.5 Earnings reported under incorrect name or account number.

If an employer reports an employee's wages under an account number or name different from that shown on the employee's account number card and the Division of Accounting Operations is unable to identify the employee from its records, the Division of Accounting Operations writes to the employer regarding such unidentified wage items. Where an employer is unable to furnish the correct information but does furnish an address for the employee, the Division of Accounting Operations writes to the employee requesting him to furnish the necessary information so that the earnings reported may be properly posted to his account. Where a selfemployed individual reports his selfemployment income under an incorrect name or account number and the Division of Accounting Operations is unable to associate such report with an account in its records, the Division of Accounting Operations writes to the self-employed individual to obtain the necessary identifying information.

[27 F.R. 2797, Mar. 27, 1962]

§ 422.6 Statements of earnings; resolving earnings discrepancies.

(a) Requesting a statement of earnings. An individual may obtain a statement of earnings recorded in his social security account by mailing to the Social Security Administration, P.O. Box 57, Baltimore, Maryland, 21203, a completed Form OAR-7004, "Request for Statement of Earnings," or in lieu of a Form OAR7004, a signed written request showing his social security account number and date of birth.

(b) Statement of earnings, Form OAR-7014. Upon receipt of such request or Form OAR-7004, the Administration will forward to the individual, without charge, a Form OAR-7014, "Statement of Earnings Recorded in Your Old-Age and Survivors Insurance Account," containing the requested information. The Form OAR-7014 will show the total of earnings credited to date, the total for each of the last 3 complete calendar years, the total credited since the last complete year, and the total credited for each of the periods of 1937 through 1950, and 1951 through the year preceding the

first year for which an annual total is shown. See paragraph (e) of this section for information regarding a more detailed earnings statement.

(c) Insured status reply, Form OAR7014a. Where the individual asks for a statement as to his insured status, the Administration will forward a Form OAR-7014a, "Insured Status Reply.' The Form OAR-7014a shows the same earnings information as the Form OAR7014 and, in addition, contains a statement as to the insured status of the individual based on the earnings information recorded in his account. Where the individual is not fully insured according to such information, the Form OAR7014a shows the number of quarters of coverage he requires and the number of quarters of coverage he has acquired.

(d) Earnings information for recent periods. Because of the time it takes to receive and record reports, and because earnings are reported quarterly, semiannually, or annually, pursuant to the reporting procedures governing the particular reporting entities, the total earnings credited to an individual's account may not include all he has earned in recent months or, in some cases, in the current and preceding calendar years.

(e) Detailed earnings statements. (1) A more detailed statement of earnings will be furnished upon request, without charge, where it is required for a purpose related to title II of the Social Security Act.

(2) If the more detailed statement of earnings is requested for a purpose not related to title II of the Social Security Act, there will be a charge according to the following schedule of fees: Type I-Earnings, period of employ

ment or self-employment, and the
names and addresses of reporting
employers:

First calendar year or any part
thereof requested__

Each additional calendar year or any
part thereof requested_

Type II-Yearly totals only:
First calendar year requested---
Each additional year requested...

$3.25

2.25

2.50 .25

If the individual requests that the information be certified by the custodian of the records there will be an additional charge of $5.00.

(f) Request for revision of earnings records. If an individual disagrees with a statement of earnings credited to his social security account he may request a

revision by writing to the Division of Accounting Operations, Social Security Administration, Baltimore, Maryland 21235, or by calling at or writing to any social security district office or, if the individual is in the Philippines, by calling at or writing to the Veterans' Administration Regional Office, Manila, Philippines. Upon receipt of a request for revision the Social Security Administration will initiate an investigation of the individual's record of earnings. Form OAR-7008, "Statement of Employment for Wages and Self-Employment," is used by the Social Security Administration for obtaining information from the individual requesting a revision to aid the Administration in the investigation. These forms are available at any of the sources listed in this paragraph. If an individual receives a Form OAR7008 from the Division of Accounting Operations, the completed form should be returned to that office. See Subpart

I of Part 404 of this chapter for requirements for filing requests for revision, and for limitation on the revision of records of earnings.

(g) Notice to individual of determination. After the investigation has been completed and a determination affecting the individual's earnings record has been made, the Social Security Administration will notify the individual in writing of the status of his earnings record and inform him at the same time of the determination made in his case and of his right to a reconsideration if he is dissatisfied with such determination (see § 422.9).

(h) Notice to individual of adverse adjustment of his account. Written notice is given to an individual or his survivor in any case where the Social Security Administration adversely adjusts the individual's self-employment income. Where, subsequent to the issuance of a statement of earnings to an individual, an adverse adjustment is made of an amount of wages included in the statement, written notice of the adverse adjustment is given to the individual or his survivor. Written notice of the adverse adjustment is also given to the survivor if the statement of earnings had been given to such survivor. The individual or his survivor is requested to notify the Social Security Administration promptly if he disagrees, and he is informed that the adjustment will become final unless he notifies the Administration of his disagreement (if

any) within 6 months from the date of the letter, or within 3 years, 3 months, and 15 days after the year to which the adjustment relates, whichever is later. [29 F.R. 1800, Feb. 6, 1964]

§ 422.7

General claims procedure.

(a) Applications and related forms. The Social Security Administration provides facilities for the public to file claims and to obtain assistance in completing them. An appropriate application form and related forms for use in filing a claim for monthly benefits, the establishment of a period of disability, a lump-sum death payment, or a recomputation of a primary insurance amount, can be obtained from any district office, contact station, or resident station of the Social Security Administration, or from the Veterans' Administration Regional Office, Manila, Philippines. See § 404.608 of this chapter for offices at which applications may be filed. The application forms used by the public to file claims are as follows: OA-C1

Application for Old-Age Insurance
Benefits.

OA-C1.1 Application for Recomputation of
Benefits.

OA-C2

OA-C4

OA-C5

OA-C6

OA-C7 OA-C8

OA-C10

OA-C12

OA-C13

OA-C14

OA-C16

Application for Wife's Insurance Benefits.

Application for Insurance Benefits for Child of Living Wage Earner or Self-Employed Person. Application for Survivors Insurance Benefits (to be used by applicant for widow's or mother's benefits alone or for these benefits combined with child's benefits).

Application on Behalf of Child for Survivors Insurance Benefits. Application for Parent's Insurance Benefits.

Application for Lump-Sum Death Payment.

Application for Widow's or Widower's Insurance Benefits (for use by a claimant who previously was entitled as a widow or widower to the lump-sum death payment or survivors insurance benefits on the deceased's account).

Application by Divorced Wife for Mother's and Child's Insurance Benefits.

Application for Widower's Insurance Benefits.

Application for Husband's Insurance Benefits.

Application for Disability Insur

ance Benefits.

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