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files an application to establish a period of disability beginning prior to the date of filing the application and has been continuously disabled from such time up to the time of filing, a period of disability may be established commencing prior to the date of filing subject to the following rules:

(1) Application filed prior to July 1, 1962. An application filed after December 31, 1954, and prior to July 1, 1962, may establish a period of disability commencing no earlier than October 1, 1941.

(2) Application filed after June 30, 1962. An application filed after June 30, 1962, may establish a period of disability commencing no earlier than 18 months prior to the day such application is filed. (Secs. 202, 223, 49 Stat. 623, as amended; 42 U.S.C. 402, 423) [27 F.R. 1165, Feb. 8, 1962, as amended at 27 F.R. 9944, Oct. 10, 1962]

§ 404.607b Filing of application for

benefits for months before age 65. (a) Old-age insurance benefits. If the first month for which an individual is entitled to an old-age insurance benefit is a month before the month such individual attains age 65, and if such individual is eligible for a wife's or husband's insurance benefit for such first month, such individual shall be deemed to have filed an application for wife's or husband's insurance benefits in such first month.

(b) Husband's and wife's insurance benefits. If the first month for which an individual is entitled to a husband's or wife's insurance benefit reduced under section 202(q) of the act is a month before the month such individual attains age 65, and if such individual is eligible for an old-age insurance benefit for such first month, such individual shall be deemed to have filed application for oldage insurance benefits in such first month, or, where such application is filed in August 1961 or later and such individual is also entitled to disability insurance benefits for such first month, in the first month after the month his entitlement to disability insurance benefits terminates.

[27 F.R. 1165, Feb. 8, 1962]

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plication (or written statement, request, or notice) is considered to have been filed only as of the date it is received at an office of the Social Security Administration or by an employee of the Social Security Administration who has been authorized to receive such application (or written statement, request, or notice) at a place other than such office. However:

(1) Applications, statements, requests, or notices submitted to an office maintained by the Foreign Service of the United States by or on behalf of a claimant residing outside the United States shall be considered to have been filed with the Social Security Administration as of the date it is received at such office of the Foreign Service.

(2) Applications, statements, requests, or notices submitted to the Veterans' Administration Regional Office in the Philippines, or to an employee of the Veterans' Administration in the Philippines authorized to receive such applications, statements, requests, or notices, at a place other than such office, shall be considered to have been filed with the Social Security Administration as of the date it is received at such office of the Veterans' Administration or by such authorized employee.

(3) In cases of claimants having 10 or more years of service in the railroad industry (see Subpart O of this part), or entitled to annuities on the basis of awards under the Railroad Retirement Act prior to October 30, 1951, who file with an office of the Railroad Retirement Board an application for an annuity based upon a disability, such application shall be deemed an application to establish a period of disability under section 216(1) of the act. The application shall be considered to have been filed with the Social Security Administration as of the date of filing determined by the Railroad Retirement Board.

(4) Applications filed with the Veterans' Administration on forms prescribed in section 3005 of title 38 United States Code (see § 404.611a) by or on behalf of an individual who may, upon filing a proper application therefor with the Social Security Administration, be entitled to child's insurance benefits (see § 404.320), widow's insurance benefits (see § 404.328), mother's insurance benefits (see § 404.335), or parent's insurance benefits (see § 404.338), as the case may be, shall be considered also to have been filed with the Social Security Admin

istration as of the date of filing determined by the Veterans' Administration.

(5) A statement filed with a title XVIII provider of hospital services in accordance with § 404.618 and which meets the requirements of § 404.613 shall, when transmitted to the Administration, be considered to be an application for entitlement to benefits under title II and title XVIII filed with the Administration as of the date such statement was filed with a hospital qualified to receive reimbursement for services under title XVIII.

(b) Date of mailing. If the application, statement, request, or notice, is deposited in and transmitted by the U.S. mail and the fixing of the date of delivery as the date of filing would result in a loss or impairment of rights, it is considered received as of the date of mailing (except in cases described in subparagraphs (3), (4), and (5) of paragraph (a) of this section). The date appearing on the postmark (when available and legible) shall be prima facie evidence of the date of mailing. If there is no postmark or it is not legible, other evidence may be used to establish the mailing date.

[27 F.R. 1165, Feb. 8, 1962, as amended at 28 F.R. 14492, Dec. 31, 1963; 29 F.R. 15510, Nov. 19, 1964; 34 F.R. 7236, May 2, 1969]

§ 404.609 Time of filing applications for lump sums.

An application for a lump-sum death payment must be filed within 2 years after the date of the death of the individual upon the basis of whose wages and self-employment income such lump sum is claimed (see § 404.355 (b)) with the following exceptions:

(a) As provided in § 404.612;

(b) Where the death of such individual occurred outside the forty-eight States and the District of Columbia after August 1950, and prior to April 1956, while he was in the active military or naval service of the United States, and where he is returned to any of such States, the District of Columbia, Alaska, Hawaii, Puerto Rico, or the Virgin Islands for interment or reinterment, such application may be filed prior to the expiration of 2 years after the date of such interment or reinterment, but only if it is filed by or on behalf of the person equitably entitled to the lump-sum death payment (see § 404.360);

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Except as otherwise provided in this Part 404, any request for a determination or decision relating to a person's right to monthly benefits, the establishment of a period of disability, a lump-sum death payment, a recomputation of a primary insurance amount, a revision of records of earnings, the withdrawal of an application, the withdrawal of a request for revision of records of earnings, the cancellation of a request for withdrawal, or any notice provided for by the regulations in this Part 404, shall be in writing and shall be signed by the person authorized to execute an application under § 404.603. (See § 404.608 for the place of filing requests and notices.)

[27 F.R. 1165, Feb. 8, 1962]

§ 404.611 Effect of applications_filed with the Railroad Retirement Board on its forms.

Notwithstanding the provisions of the regulations in this part restricting the place for filing an application, any application filed with the Railroad Retirement Board on its prescribed forms:

(a) On or after October 1, 1946, by a survivor of a deceased insured individual for an insurance annuity or lump-sum payment under section 5 of the Railroad Retirement Act (as defined in § 404.2(a) (14), based on the death of such insured individual, or

(b) On or after August 1, 1951, by an individual who at the time of filing such application had less than 10 years of service in the railroad industry (as defined in § 404.1403), by his spouse, or by or on behalf of his child,

shall be deemed to be an application under title II of the act, and shall be deemed filed with the Administration on the date as of which the Railroad Retirement Board certifies that such application is deemed filed with that agency. [20 F.R. 7539, Oct. 8, 1955, as amended at 22 FR. 5927, July 26, 1957; 27 F.R. 4513, May 11. 1962]

§ 404.611a Effect of applications filed with the Veterans' Administration. Notwithstanding any provision to the contrary in the regulations in this part.

any application which is filed with the Administrator of Veterans' Affairs on or after January 1, 1957, on a form prescribed in section 3005 of title 38, United States Code, shall be considered an application for child's insurance benefits (see $404.320), widow's insurance benefits (see § 404.328), mother's insurance benefits (see § 404.335), or parent's insurance benefits (see § 404.338), as the case may be.

[25 F.R. 6466, July 9, 1960, as amended at 29 F.R. 15510, Nov. 19, 1964]

§ 404.612 Extensions of filing periods by Soldiers' and Sailors' Civil Relief Act of 1940.

(a) Exclusion of periods of military service. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, in computing the periods allowed for the filing of an application for lump-sum death payment under section 202(i) (see § 404.355), filing of proof of a husband's or widower's, or parent's support under section 202 (c) (f), and (h) (see 88 404.319 (c), 404.334 (c), and 404.341 (b)), filing of a request for revision of records of earnings under section 205 (c) (see § 404.810), filing of a request for reconsideration (see Subpart J), filing of a request for a hearing (see Subpart J), and filing of a request for review (see Subpart J), by an individual in military service or by a surviving civilian relative of such individual in military service meeting the test of wife, husband, widow, widower, child, or parent as defined in the act, there shall not be included that portion of the period of his military service (as defined in the Soldiers' and Sailors' Civil Relief Act of 1940) falling within the period so to be computed.

(b) Commencement of period of military service. The period of military service referred to in paragraph (a) of this section commences with the effective date of the Soldiers' and Sailors' Civil Relief Act of 1940 (October 17, 1940) or the date of the entrance into active military service of the individual, whichever is later.

(c) Termination of period of miltary service. The period of military service, referred to in paragraph (a) of this section, ends upon the date the Soldiers' and Sailors' Civil Relief Act of 1940 ceases to be in force or the date of the individual's death or discharge from service, whichever is earlier. If the individual was reported missing and is

subsequently found (actually or presumptively) to have died, then the period of military service shall end upon

(1) The date such death is reported to or found by the proper service department, or

(2) The date such finding is made by a court of competent jurisdiction, or

(3) 6 months after the Soldiers' and Sailors' Civil Relief Act of 1940 ceases to be in force, whichever date is earliest. For the purposes of this section, the Soldiers' and Sailors' Civil Relief Act will cease to be in force when it is repealed or otherwise terminated by a subsequent act of the Congress.

(d) Definition of "individual in military service." The term "individual in military service" as used in this subpart shall include members of the Army of the United States, the United States Navy, the United States Air Force, the Marine Corps, the Coast Guard, and all officers of the Public Health Service detailed by proper authority for duty either with the Army or Navy.

[20 F.R. 7539, Oct. 8, 1955, as amended at 20 F.R. 7769, Oct. 15, 1955; 29 F.R. 15510, Nov. 19, 1964]

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(a) Written statement filed by individual on his own behalf. Where an individual files a written statement with the Administration (see § 404.608) with a title XVIII provider of hospital services in accordance with § 404.618 that indicates an intention to claim monthly benefits, a lump-sum death payment, special payments for uninsured individuals at age 72, entitlement to hospital insurance benefits, or to establish a period of disability and such statement bears his signature or his mark properly witnessed, the filing of such written statement is, unless otherwise indicated, considered to be the filing of an application for such purposes, provided:

(1) The individual or a proper party on his behalf (see § 404.603) executes a prescribed application form (see § 404.602) that is filed with the Administration during the individual's lifetime and within the period prescribed in paragraph (c) (1) of this section; or

(2) In the case of an individual who dies before the filing of a prescribed application form within the period prescribed in paragraph (c)(1) of this section, a prescribed application form is filed with the Administration within the

period prescribed in paragraph (c)(2) of this section:

(i) By or on behalf of a person eligible to receive benefits on the same earnings record as the deceased individual; or

(ii) By a party acting on behalf of the deceased individual's estate; or

(iii) By a title XVIII provider of hospital services in the case of a statement filed with such provider under § 404.618, if no person described in subdivisions (i) or (ii) of this subparagraph can be located, or if located he fails or refuses to file the prescribed application form within 6 months from the date of notice to him, unless the person described in subdivisions (i) and (ii) states his failure or refusal to file is because it would be detrimental to the deceased individual or his estate.

(b) Written statement filed by person on behalf of another. A written statement filed by a person that indicates an intention to claim on behalf of another person monthly benefits, a lump-sum death payment, special payments for uninsured individuals at age 72, entitlement to hospital insurance benefits, or to establish a period of disability, is, unless otherwise indicated, considered to be the filing of an application for such purposes, provided:

(1) The written statement bears the signature (or mark properly witnessed) of the person filing the statement;

(2) The statement is filed by

(i) The spouse of the individual on whose behalf the statement is being filed,

or

(ii) A proper party to execute an application on a prescribed form on behalf of a claimant as determined by § 404.603,

or

(iii) A person acting on behalf of an inpatient of a title XVIII provider of hospital services (see § 404.618);

(3) A prescribed application form (see § 404.602) is executed and filed in accordance with the provisions of (a) (1) or (2) of this section.

(c) Period within which prescribed application form must be filed. After the Administration has received from an individual a written statement as described in paragraph (a) or (b) of this section:

(1) Notice in writing shall be sent to such individual (or where he is a minor or incompetent, to the person who submitted the written statement on his behalf), stating that an initial determination will be made with respect to such

written statement if a prescribed application form, executed by him (or by a proper party on his behalf (see § 404.603)), is filed with the Administration within 6 months from the date of such notice; or

(2) If the Administration is notified that the death of such individual occurred before the mailing of the notice described in subparagraph (1) of this paragraph or within the 6-month period following the mailing of such notice but before the filing of a prescribed application form by or on behalf of such individual, notification in writing shall be sent to a person eligible to receive benefits on the same earnings record as the deceased individual, to a person acting on behalf of his estate, or to the deceased's last known address. Where a title XVIII provider of hospital services is a proper applicant under subdivision (iii) of paragraph (a) (2) of this section, notification in writing shall be sent to such title XVIII provider. Such notification will include information that an initial determination with respect to such written statement will be made only if a prescribed application form is filed within 6 months from the date of such notification.

(3) If, after notice as described in this paragraph has been sent, a prescribed application form is not filed (in accordance with the provisions of paragraphs (a) and (b) of this section) within the applicable period prescribed in subparagraph (1) or (2) of this paragraph, it will be deemed that the filing of the written statement to which such notice refers is not to be considered the filing of an application for the purposes set forth in paragraphs (a) and (b) of this section. (Secs. 202, 205, 216, 223, 1102, Social Security Act, 49 Stat. 623, as amended, 53 Stat. 1368, as amended, 68 Stat. 1080, as amended, 70 Stat. 815, as amended, 49 Stat. 647, as amended; sec. 5 of Reorg. Plan No. 1 of 1953, 67 Stat. 18, 631; 42 U.S.C. 402, 405, 416, 423, 1302) [29 F.R. 15117, Nov. 10, 1964, amended at 34 F.R. 7236, May 2, 1969]

as

§ 404.614 When written statement filed with Railroad Retirement Board is considered an application.

Where a claimant files with the Railroad Retirement Board a written statement which indicates an intention to claim any payment under the Railroad Retirement Act and such statement bears his signature or his mark properly witnessed and no application is filed with

the Railroad Retirement Board on one of its prescribed forms, such statement shall, after it is transmitted to the Administration by the Railroad Retirement Board, be considered a statement filed with the Administration. The provisions of § 404.613 shall thereafter apply to such statement. Where such statement is filed on behalf of a claimant, the provisions of § 404.613 shall apply only if the conditions of paragraph (b) of § 404.613 are satisfied.

[20 F.R. 7539, Oct. 8, 1955, as amended at 27 F.R. 1166, Feb. 8, 1962; 28 F.R. 14492, Dec. 31, 1963]

§ 404.615 Withdrawal of application and request for revision of records of earnings.

(a) Before adjudication of application or request. A claimant (or an individual who is authorized to execute an application on his behalf under § 404.603) may withdraw his previously filed application or request for revision of a record of earnings maintained by the Administration if (1) he files a written request for withdrawal, (2) the claimant is alive at the time the request for withdrawal is filed, (3) the Administration approves the request for withdrawal, and (4) the request for withdrawal is filed on or before the date the Administration makes a determination on the application or request for revision of a record of earnings.

(b) After adjudication of application. An application for monthly benefits, a lump-sum death payment, a recomputation of a primary insurance amount, or the establishment of a period of disability may be withdrawn by a written request filed after the date the Administration makes a determination on the application, provided that:

(1) The conditions enumerated in subparagraphs (1) through (3) of paragraph (a) of this section are met;

(2) Any other person whose entitlement would be rendered erroneous by such withdrawal consents in writing thereto (or such written consent is given on behalf of such other person by an individual authorized to execute an application on his behalf under § 404.603); and

(3) There is repayment of the amount of benefits previously paid because of the application that is being withdrawn or it can be established to the satisfaction of the Administration that repayment of any such amount is assured.

(c) Effect of withdrawal of application or request. Where a request for withdrawal of an application or for withdrawal of a request for revision of an earnings record is filed and such request for withdrawal is approved by the Administration, such application or request for revision will be deemed not to have been filled. After the withdrawal (whether made before or after the date the Administration makes a determination), further action will be taken by the Administration, except as provided in § 404.615a, only upon the filing of a new application or request for revision. [28 F.R. 4494, May 4, 1963]

§ 404.615a Cancellation of request for withdrawal.

Before or after a written request for withdrawal has been approved by the Administration, the claimant (or a person who is authorized under § 404.603 to execute an application on his behalf) may request that the "request for withdrawal" be cancelled and that the withdrawn application or request for revision of records of earnings be reinstated. Such request for cancellation must be in writing and must be filed, in a case where the requested withdrawal was approved by the Administration, no later than 60 days after such approval. The claimant must be alive at the time the request for cancellation of the "request for withdrawal" is filed with the Administration. [27 F.R. 1166, Feb. 8, 1962, as amended at 28 F.R. 14492, Dec. 31, 1963]

§ 404.616 Filing of proof of support or application for lump-sum death payment after 2-year period.

In any case in which the proof of support required to be filed under § 404.316 (a) (4), § 404.331(a) (6), or § 404.338 (a) (6), or the application for the lump-sum death payment required to be filed under § 404.355(b), is not filed within the 2-year period prescribed by the appropriate section, such proof of support or application shall nevertheless be deemed to have been filed within such 2-year period if it is filed within 2 years following the expiration of such 2-year period or on or before August 31, 1958, whichever is later, and it is determined, as provided in § 404.617, that there was good cause for failure to file such proof or application within the initial 2-year period.

[21 F.R. 10483, Dec. 29, 1956, as amended at 29 F.R. 15510, Nov. 19, 1964]

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