vision. It lists available information from employers' tax returns with respect to incomplete wage items for which no report has been received from the field office. The form is sent to the field office servicing the employer to be used in securing the correct information.

(iv) Form OAR-5031, Unidentified Items Reported Incorrectly by Employer, lists available information with respect to wage items reported with incorrect account numbers or names. The form is sent by the Accounting Operations Division to the appropriate employer for the correct information. If an employer is unable to furnish satisfactory identifying information, but has indicated an address for the employee, Form OARL5039 is sent to the employee to determine whether the unidentified incorrectly reported wage item belongs to him.

(2) Wage statements. A wage earner may obtain a statement of wages recorded in his old-age and survivors insurance account by filling out and mailing Form OAR-7004 or by a signed written request giving his social security account number and date of birth addressed to Bureau of Old-Age and Survivors Insurance, Candler Building, Baltimore 2, Md. Upon receipt of this form or the required letter, the Bureau forwards a Form OAR-7014, Statement of Wages Recorded in Your Old-Age and Survivors Insurance Account, containing the requested information to the wage earner. The Form OAR-7014 will show a grand total of wages reported to date, the total for the last complete year, and the amount of wages reported since the last complete year. If the wage earner requests an itemized statement on Form OAR-7004 or in his letter itemized statement will be sent to him.

(3) Wage discrepancies. (i) If a wage earner disagrees with the amount of wages credited to his social security account he may request a revision by executing Form OAR-7008, Statement of Wages and Employment. These forms may be obtained at any field office or from the Bureau of Old-Age and Survivors Insurance, Candler Building, Baltimore 2, Md. Upon receipt of this form the Bureau will initiate an investigation of his wage record.

(ii) Field offices are authorized to investigate questions of coverage raised by wage earners, and requests for revision of

wage records which cannot be resolved through examination of the Accounting Operations Division records. In conducting such investigations, field office representatives may request employers and wage earners to submit information concerning the employment in question. On the basis of information submitted, the field office may determine, subject to review, whether the employment is covered by the Social Security Act. In the event that wages cannot be established on the basis of the records of the employer, the field office will accept wage evidence on behalf of the employee and will determine, subject to review, whether the evidence is sufficient to establish payment of the alleged wages.

(iii) After the field investigation has been completed, and the results reviewed by the Accounting Operations Division, the Bureau notifies the wage earner of the status of his wage account. The wage earner will also be informed of any determinations with respect to wage or coverage questions which arose from the investigation.

(iv) Form OAR-L5069, Letter Notifying Employee of an Adverse Adjustment to His Wage Record, is addressed to the employee (in care of the last known employer) to notify the employee of the adverse adjustment received subsequent to the issuance of the wage statement previously sent to him. The employee is requested to notify the Bureau if he disagrees with the adjustment to his account. This notice of disagreement must be received by the Bureau before the elapsed 6 months subsequent to the date indicated on the letter or within four calendar years after the period to be adjusted-whichever is later.

(v) Wage investigations are also made on the basis of Form OAAN-7005, Supplemental Form Relative to Application for Account Number, if a wage earner upon making application for a social security account number indicates that he has been previously employed. An investigation is made to determine if the wages earned before the wage earner received a social security number were reported without an account number or if the employer failed to file the returns.

(4) Compensation credited under the Railroad Retirement Act combined with wages received for employment covered by the Social Security Act in certain cases. Compensation credited under the Railroad Retirement Act is combined

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with wages received for employment covered by the Social Security Act for the purpose of determining monthly insurance benefits under Title II of the Social Security Act and monthly annuities under the Railroad Retirement Act which begin to accrue on or after January 1, 1947, to the survivors of a deceased worker and in making lump-sum death payments where death occurs on or after January 1, 1947. Procedure has been established whereby the Bureau and the Railroad Retirement Board exchange information regarding wages and compensation.

(c) Claims procedure. The field offices provide local facilities for the public to file claims and to obtain assistance in perfecting them. To become entitled to any benefit or payment or to a recomputation of benefits, the appropriate application form, which can be obtained from any field office, must be filed with a Bureau office. (See § 403.701 of this chapter.) The application forms and corresponding forms containing instructions as to their execution are as follows:

1. Form OA-C1, Application for Wage Earner's Primary Insurance Benefits.

Form Inst. OA-C1, Instructions to Applicant for Primary Insurance Benefits.

2. Form OA-C1.1, Application for Recomputation of Primary Insurance Benefits.

3. Form OA-C2, Application for Wife's Insurance Benefits.

Form Inst. OA-C2, Instructions to Applicant for Wife's Insurance Benefits.

4. Form OA-C3, Husband's Certification (this form is a part of the wife's application, Form OA-C2, above).

5. Form OA-C4, Application for Insurance Benefits for Child of Living Wage Earner.

Form Inst. OA-C4, Instructions to Applicant for Insurance Benefits for Child of Living Wage Earner.

6. Form OA-C5, Application of Widow, and Widow on Behalf of Child, for Survivors Insurance Benefits.

Form Inst. OA-C5.1, Instructions to Applicant for Widow's Current Insurance Benefits. Form Inst. OA-C5.2, Instructions to Applicant for Widow's Insurance Benefits.

Form Inst. OA-C5.3, Instructions Covering Application for Insurance Benefits Widow on Behalf of Children.

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7. Form OA-C6, Application on Behalf of Child for Survivors Insurance Benefits.

Form Inst. OA-C6, Instructions to Applicant for Insurance Benefits for Child of Deceased Wage Earner.

8. Form OA-C7, Application of Dependent Parent for Survivors Insurance Benefits.

Form Inst. OA-C7, Instructions to Dependent Parent.

9. Form OA-C8, Application for Lump-Sum Death Payment.

Form Inst. OA-C8, Instructions to Applicant for Lump-Sum Death Payment.

10. Form OA-C10, Application for Widow's Insurance Benefits (for use of widow who has previously filed an application for wife's insurance benefits, widow's current insurance benefits, or a lump-sum death payment with respect to her deceased husband's wages). Form Inst. OA-C5.2, Instructions to Applicant for Widow's Insurance Benefits.

11. Form OA-C11, Application for Substitution of Payee (for use when substitute payee files application to receive insurance benefits on behalf of self, minor child, or incompetent beneficiary).

In addition to filing the appropriate application form, the claimant must establish by satisfactory evidence the material allegations in his application, except as to wages shown in the Bureau's records. (See §§ 403.702 and 403.703 of this chapter.) Claims application forms, instructions, report forms, and forms for the various proofs necessary to support the claims are available to the public in field offices, itinerant stations, and detached official stations. These offices assist claimants in preparing their applications and in obtaining the proofs required to support their claims. Claims adjudicated in the field offices are subject to review in one of the six area offices of the Bureau. Applications and supporting proofs filed with the Railroad Retirement Board shall be deemed filed with the Bureau as of the date such forms were filed with the Railroad Retirement Board where compensation credited under the Railroad Retirement Act is considered in determining entitlement and the amount of benefits payable under the Social Security Act. The area office notifies claimants of the action taken on their claims, informing them at the same time of their right to a reconsideration, hearing, or appeal.

Legislation enacted in 1946 extends protection of the survivors provisions of the Social Security Act in certain instances to survivors of servicemen who served in World War II and who died within 3 years after a discharge ocBenefits curring prior to July 27, 1951. under this legislation are also paid upon application filed in field offices.

Recipients of monthly benefits are variously obligated to report to the Bureau the occurrence of events which suspend or terminate benefits. Post cards, Forms OA-C611a and OA-C612a, for reporting these events are given the claimant at the time he files application for benefits. Additional ones may be obtained from any field office.

(d) Reconsideration and hearing. Provisions regarding requests for reconsideration of Bureau determinations are contained in §§ 403.707 and 403.708. of this chapter. Provisions regarding requests for hearing with respect to Bureau determinations are contained in §§ 403.707 and 403.709 of this chapter. Such requests may be filed with any Bureau office.

[11 F. R. 177A-568, as amended at 12 F. R. 7900]

§ 422.2 Inspection of official records. Section 1106 of the Social Security Act prohibits disclosure of any official records of the Bureau, except as prescribed by the Social Security Board (now the Social Security Administration). Circumstances under which disclosure may be made are set out in Part 401 of this chapter.

SUBPART B-OFFICE OF THE APPEALS COUNCIL § 422.6 Procedures of the Appeals Council (a) Request for hearing by referee. A claimant who is dissatisfied with a determination of the Bureau of Old-Age and Survivors Insurance of the Social Security Administration may file a request for a hearing of his case before a referee of the office of the Appeals Council. This request may be made on Form AC-501, Request for Hearing, which may be obtained at any referee's office or any office of the Bureau. Instead of executing the form, the request for hearing may be made by an informal letter. The executed form or informal letter may be filed at or mailed to any office of the Bureau or the office of any referee or the office of the Appeals Council. The request must be made within 6 months from date of mailing of notice of the Bureau's initial determination or within 3 months from date of mailing of notice of the Bureau's reconsidered determination. This time may be extended by a referee upon a showing of good cause.

(b) Hearing by referee. The referee holds a hearing, upon 10 days' notice to the claimant unless such notice is waived, at a place reasonably convenient to a claimant. A stenographic record of the testimony taken at the hearing is made. This record is not transcribed except where necessary in the judgment of the referee or where required by law. The referee may render a decision or certify the case to the Appeals Council in Washington for decision. In

either case a claimant is furnished with a copy of the decision.

(c) Review of referee's decision by Appeals Council. If a claimant is dissatisfied with the referee's decision he may file a request for review of the decision by the Appeals Council in Washington. This request may be made on Form AC520, Request for Review of Referee's Decision, which may be obtained at any referee's office or office of the Bureau, or the request for review may be made by an informal letter. The request may be filed at or mailed to any referee's office, any office of the Bureau, or the Appeals Council in Washington. Such request must be made within 30 days after the date of mailing of the referee's notice of decision. It is within the discretion of the Appeals Council to grant or deny the request for review. If it denies the request, the referee's decision stands as the final decision of the Federal Security Agency. If the request for review is granted the Appeals Council renders a decision either with or without the taking of further evidence. The Appeals Council also renders a decision in cases which are certified to it by a referee.

(d) Judicial review. A claimant may secure a court review of a decision by a referee, if the Appeals Council has denied the claimant's request for review, or of a decision by the Appeals Council by instituting a civil action in the United States district court of his residence. Such action must be filed within 60 days of the Appeals Council's notice of denial of request for review of the referee's decision or notice of decision by the Appeals Council. This time may be extended by the Appeals Council upon a showing of good cause.

(e) Where detailed procedural regulations are located. Detailed procedural regulations relating to the work of the office of the Appeals Council may be found in Regulations No. 3 (Part 403 of this chapter) under the following subjects and section numbers:

Right to hearing. § 403.709 (a).

Time and place of filing request for nearing. § 403.709 (b).

Parties to a hearing. § 403.709 (c).
Referee. § 403.709 (d).

Time and place of hearing § 403.709 (e).
Subpenas. § 403.709 (f).

Conduct of hearing and evidence. § 403.709 (g).

Joint hearings. § 403.709 (h).

Waiver of right to appear and present evidence. § 403.709 (1).

Dismissal of request for hearing. § 403.709 (1).

Referee's decision, remanding to Bureau, or certification to Appeals Council. § 403.709 (k).

Effect of referee's decision or revision by Bureau. § 403.709 (1).

Procedure before Appeals Council on certification by the referee. § 403.710 (a).

Review of referee's decision or Bureau's revised determination. § 403.710 (b).

Procedure before Appeals Council on review of referee's decision or Bureau's revised determination. § 403.710 (c).

Decision by Appeals Council or remanding of case. § 403.710 (d).

Effect of Appeals Council's decision or refusal to review. § 403.710 (e).

Extension of time. § 403.711 (a). Revision for error. § 403.711 (b). Hearing and review in cases involving wartime maritime services in the employ of the United States. § 403.711a.

§ 422.7 Inspection of official records. Section 1106 of the Social Security Act prohibits disclosure of any official records of the office of the Appeals Council except as prescribed by the Social Security Board (now the Social Security Administration). Circumstances under which disclosure may be made are set out in Part 401 of this chapter.

of Appeals

§ 501.1 Establishment Board; jurisdiction. (a) Pursuant to direction and under the authority contained in Reorganization Plan No. 2 of 1946 (3 CFR, 1946 Supp., Chapter IV) effective July 16, 1946, the Federal Security Administrator has established in the Office of Special Services of the Federal Security Agency, an Employees' Compensation Appeals Board. Such Board consists of three members appointed by the Administrator, one of whom is designated as Chairman of the Board and administrative officer.

(b) The Board shall, in accordance with rules approved by the Federal Se

curity Administrator, have jurisdiction to consider and decide appeals from the final decision, with findings of fact and award, of the Bureau of Employees' Compensation of the agency, in any case arising under the United States Employees' Compensation Act, or arising under any statutory extension or application of such act. Appeals may also be taken from final determinations of the Bureau of Employees' Compensation involving the exercise of discretion but only if based upon the ground of abuse of, or refusal to exercise, discretion. There shall be no appeal in respect to any interlocutory matter disposed of by such Bureau during the pendency of a compensation case.

(c) The decision upon appeal by the Board shall be final as to the subject matter appealed, and such decision shall not be subject to review, except by the Board.

(d) The jurisdiction of the Board shall extend to review of questions of law and fact within the purview of the United States Employees' Compensation Act, or extension thereof, and the review of a case shall be made upon the findings of fact and the action of the Director of the Bureau of Employees' Compensation taken pursuant to section 36 of such act (sec. 36, 39 Stat. 749; 5 U. S. C. 786), and upon the particular case record in such Bureau of Employees' Compensation.