§ 405. — Evidence, procedure, and certification for payments.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 42USC405]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 7--SOCIAL SECURITY
SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS
Sec. 405. Evidence, procedure, and certification for payments
(a) Rules and regulations; procedures
The Commissioner of Social Security shall have full power and
authority to make rules and regulations and to establish procedures, not
inconsistent with the provisions of this subchapter, which are necessary
or appropriate to carry out such provisions, and shall adopt reasonable
and proper rules and regulations to regulate and provide for the nature
and extent of the proofs and evidence and the method of taking and
furnishing the same in order to establish the right to benefits
hereunder.
(b) Administrative determination of entitlement to benefits; findings of
fact; hearings; investigations; evidentiary hearings in
reconsiderations of disability benefit terminations; subsequent
applications
(1) The Commissioner of Social Security is directed to make findings
of fact, and decisions as to the rights of any individual applying for a
payment under this subchapter. Any such decision by the Commissioner of
Social Security which involves a determination of disability and which
is in whole or in part unfavorable to such individual shall contain a
statement of the case, in understandable language, setting forth a
discussion of the evidence, and stating the Commissioner's determination
and the reason or reasons upon which it is based. Upon request by any
such individual or upon request by a wife, divorced wife, widow,
surviving divorced wife, surviving divorced mother, surviving divorced
father, husband, divorced husband, widower, surviving divorced husband,
child, or parent who makes a showing in writing that his or her rights
may be prejudiced by any decision the Commissioner of Social Security
has rendered, the Commissioner shall give such applicant and such other
individual reasonable notice and opportunity for a hearing with respect
to such decision, and, if a hearing is held, shall, on the basis of
evidence adduced at the hearing, affirm, modify, or reverse the
Commissioner's findings of fact and such decision. Any such request with
respect to such a decision must be filed within sixty days after notice
of such decision is received by the individual making such request. The
Commissioner of Social Security is further authorized, on the
Commissioner's own motion, to hold such hearings and to conduct such
investigations and other proceedings as the Commissioner may deem
necessary or proper for the administration of this subchapter. In the
course of any hearing, investigation, or other proceeding, the
Commissioner may administer oaths and affirmations, examine witnesses,
and receive evidence. Evidence may be received at any hearing before the
Commissioner of Social Security even though inadmissible under rules of
evidence applicable to court procedure.
(2) In any case where--
(A) an individual is a recipient of disability insurance
benefits, or of child's, widow's, or widower's insurance benefits
based on disability,
(B) the physical or mental impairment on the basis of which such
benefits are payable is found to have ceased, not to have existed,
or to no longer be disabling, and
(C) as a consequence of the finding described in subparagraph
(B), such individual is determined by the Commissioner of Social
Security not to be entitled to such benefits,
any reconsideration of the finding described in subparagraph (B), in
connection with a reconsideration by the Commissioner of Social Security
(before any hearing under paragraph (1) on the issue of such
entitlement) of the Commissioner's determination described in
subparagraph (C), shall be made only after opportunity for an
evidentiary hearing, with regard to the finding described in
subparagraph (B), which is reasonably accessible to such individual. Any
reconsideration of a finding described in subparagraph (B) may be made
either by the State agency or the Commissioner of Social Security where
the finding was originally made by the State agency, and shall be made
by the Commissioner of Social Security where the finding was originally
made by the Commissioner of Social Security. In the case of a
reconsideration by a State agency of a finding described in subparagraph
(B) which was originally made by such State agency, the evidentiary
hearing shall be held by an adjudicatory unit of the State agency other
than the unit that made the finding described in subparagraph (B). In
the case of a reconsideration by the Commissioner of Social Security of
a finding described in subparagraph (B) which was originally made by the
Commissioner of Social Security, the evidentiary hearing shall be held
by a person other than the person or persons who made the finding
described in subparagraph (B).
(3)(A) A failure to timely request review of an initial adverse
determination with respect to an application for any benefit under this
subchapter or an adverse determination on reconsideration of such an
initial determination shall not serve as a basis for denial of a
subsequent application for any benefit under this subchapter if the
applicant demonstrates that the applicant, or any other individual
referred to in paragraph (1), failed to so request such a review acting
in good faith reliance upon incorrect, incomplete, or misleading
information, relating to the consequences of reapplying for benefits in
lieu of seeking review of an adverse determination, provided by any
officer or employee of the Social Security Administration or any State
agency acting under section 421 of this title.
(B) In any notice of an adverse determination with respect to which
a review may be requested under paragraph (1), the Commissioner of
Social Security shall describe in clear and specific language the effect
on possible entitlement to benefits under this subchapter of choosing to
reapply in lieu of requesting review of the determination.
(c) Wage records
(1) For the purposes of this subsection--
(A) The term ``year'' means a calendar year when used with
respect to wages and a taxable year when used with respect to self-
employment income.
(B) The term ``time limitation'' means a period of three years,
three months, and fifteen days.
(C) The term ``survivor'' means an individual's spouse,
surviving divorced wife, surviving divorced husband, surviving
divorced mother, surviving divorced father, child, or parent, who
survives such individual.
(D) The term ``period'' when used with respect to self-
employment income means a taxable year and when used with respect to
wages means--
(i) a quarter if wages were reported or should have been
reported on a quarterly basis on tax returns filed with the
Secretary of the Treasury or his delegate under section 6011 of
the Internal Revenue Code of 1986 or regulations thereunder (or
on reports filed by a State under section 418(e) \1\ of this
title (as in effect prior to December 31, 1986) or regulations
thereunder),
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\1\ See References in Text note below.
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(ii) a year if wages were reported or should have been
reported on a yearly basis on such tax returns or reports, or
(iii) the half year beginning January 1 or July 1 in the
case of wages which were reported or should have been reported
for calendar year 1937.
(2)(A) On the basis of information obtained by or submitted to the
Commissioner of Social Security, and after such verification thereof as
the Commissioner deems necessary, the Commissioner of Social Security
shall establish and maintain records of the amounts of wages paid to,
and the amounts of self-employment income derived by, each individual
and of the periods in which such wages were paid and such income was
derived and, upon request, shall inform any individual or his survivor,
or the legal representative of such individual or his estate, of the
amounts of wages and self-employment income of such individual and the
periods during which such wages were paid and such income was derived,
as shown by such records at the time of such request.
(B)(i) In carrying out the Commissioner's duties under subparagraph
(A) and subparagraph (F), the Commissioner of Social Security shall take
affirmative measures to assure that social security account numbers
will, to the maximum extent practicable, be assigned to all members of
appropriate groups or categories of individuals by assigning such
numbers (or ascertaining that such numbers have already been assigned):
(I) to aliens at the time of their lawful admission to the
United States either for permanent residence or under other
authority of law permitting them to engage in employment in the
United States and to other aliens at such time as their status is so
changed as to make it lawful for them to engage in such employment;
(II) to any individual who is an applicant for or recipient of
benefits under any program financed in whole or in part from Federal
funds including any child on whose behalf such benefits are claimed
by another person; and
(III) to any other individual when it appears that he could have
been but was not assigned an account number under the provisions of
subclauses (I) or (II) but only after such investigation as is
necessary to establish to the satisfaction of the Commissioner of
Social Security, the identity of such individual, the fact that an
account number has not already been assigned to such individual, and
the fact that such individual is a citizen or a noncitizen who is
not, because of his alien status, prohibited from engaging in
employment;
and, in carrying out such duties, the Commissioner of Social Security is
authorized to take affirmative measures to assure the issuance of social
security numbers:
(IV) to or on behalf of children who are below school age at the
request of their parents or guardians; and
(V) to children of school age at the time of their first
enrollment in school.
(ii) The Commissioner of Social Security shall require of applicants
for social security account numbers such evidence as may be necessary to
establish the age, citizenship, or alien status, and true identity of
such applicants, and to determine which (if any) social security account
number has previously been assigned to such individual. With respect to
an application for a social security account number for an individual
who has not attained the age of 18 before such application, such
evidence shall include the information described in subparagraph
(C)(ii).
(iii) In carrying out the requirements of this subparagraph, the
Commissioner of Social Security shall enter into such agreements as may
be necessary with the Attorney General and other officials and with
State and local welfare agencies and school authorities (including
nonpublic school authorities).
(C)(i) It is the policy of the United States that any State (or
political subdivision thereof) may, in the administration of any tax,
general public assistance, driver's license, or motor vehicle
registration law within its jurisdiction, utilize the social security
account numbers issued by the Commissioner of Social Security for the
purpose of establishing the identification of individuals affected by
such law, and may require any individual who is or appears to be so
affected to furnish to such State (or political subdivision thereof) or
any agency thereof having administrative responsibility for the law
involved, the social security account number (or numbers, if he has more
than one such number) issued to him by the Commissioner of Social
Security.
(ii) In the administration of any law involving the issuance of a
birth certificate, each State shall require each parent to furnish to
such State (or political subdivision thereof) or any agency thereof
having administrative responsibility for the law involved, the social
security account number (or numbers, if the parent has more than one
such number) issued to the parent unless the State (in accordance with
regulations prescribed by the Commissioner of Social Security) finds
good cause for not requiring the furnishing of such number. The State
shall make numbers furnished under this subclause available to the
Commissioner of Social Security and the agency administering the State's
plan under part D of subchapter IV of this chapter in accordance with
Federal or State law and regulation. Such numbers shall not be recorded
on the birth certificate. A State shall not use any social security
account number, obtained with respect to the issuance by the State of a
birth certificate, for any purpose other than for the enforcement of
child support orders in effect in the State, unless section 7(a) of the
Privacy Act of 1974 does not prohibit the State from requiring the
disclosure of such number, by reason of the State having adopted, before
January 1, 1975, a statute or regulation requiring such disclosure.
(iii)(I) In the administration of section 9 of the Food Stamp Act of
1977 (7 U.S.C. 2018) involving the determination of the qualifications
of applicants under such Act [7 U.S.C. 2011 et seq.], the Secretary of
Agriculture may require each applicant retail store or wholesale food
concern to furnish to the Secretary of Agriculture the social security
account number of each individual who is an officer of the store or
concern and, in the case of a privately owned applicant, furnish the
social security account numbers of the owners of such applicant. No
officer or employee of the Department of Agriculture shall have access
to any such number for any purpose other than the establishment and
maintenance of a list of the names and social security account numbers
of such individuals for use in determining those applicants who have
been previously sanctioned or convicted under section 12 or 15 of such
Act (7 U.S.C. 2021 or 2024).
(II) The Secretary of Agriculture may share any information
contained in any list referred to in subclause (I) with any other agency
or instrumentality of the United States which otherwise has access to
social security account numbers in accordance with this subsection or
other applicable Federal law, except that the Secretary of Agriculture
may share such information only to the extent that such Secretary
determines such sharing would assist in verifying and matching such
information against information maintained by such other agency or
instrumentality. Any such information shared pursuant to this subclause
may be used by such other agency or instrumentality only for the purpose
of effective administration and enforcement of the Food Stamp Act of
1977 [7 U.S.C. 2011 et seq.] or for the purpose of investigation of
violations of other Federal laws or enforcement of such laws.
(III) The Secretary of Agriculture, and the head of any other agency
or instrumentality referred to in this subclause, shall restrict, to the
satisfaction of the Commissioner of Social Security, access to social
security account numbers obtained pursuant to this clause only to
officers and employees of the United States whose duties or
responsibilities require access for the purposes described in subclause
(II).
(IV) The Secretary of Agriculture, and the head of any agency or
instrumentality with which information is shared pursuant to clause \2\
(II), shall provide such other safeguards as the Commissioner of Social
Security determines to be necessary or appropriate to protect the
confidentiality of the social security account numbers.
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\2\ So in original. Probably should be ``subclause''.
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(iv) In the administration of section 506 of the Federal Crop
Insurance Act [7 U.S.C. 1506], the Federal Crop Insurance Corporation
may require each policyholder and each reinsured company to furnish to
the insurer or to the Corporation the social security account number of
such policyholder, subject to the requirements of this clause. No
officer or employee of the Federal Crop Insurance Corporation shall have
access to any such number for any purpose other than the establishment
of a system of records necessary for the effective administration of
such Act [7 U.S.C. 1501 et seq.]. The Manager of the Corporation may
require each policyholder to provide to the Manager, at such times and
in such manner as prescribed by the Manager, the social security account
number of each individual that holds or acquires a substantial
beneficial interest in the policyholder. For purposes of this clause,
the term ``substantial beneficial interest'' means not less than 5
percent of all beneficial interest in the policyholder. The Secretary of
Agriculture shall restrict, to the satisfaction of the Commissioner of
Social Security, access to social security account numbers obtained
pursuant to this clause only to officers and employees of the United
States or authorized persons whose duties or responsibilities require
access for the administration of the Federal Crop Insurance Act. The
Secretary of Agriculture shall provide such other safeguards as the
Commissioner of Social Security determines to be necessary or
appropriate to protect the confidentiality of such social security
account numbers. For purposes of this clause the term ``authorized
person'' means an officer or employee of an insurer whom the Manager of
the Corporation designates by rule, subject to appropriate safeguards
including a prohibition against the release of such social security
account number (other than to the Corporation) by such person.
(v) If and to the extent that any provision of Federal law
heretofore enacted is inconsistent with the policy set forth in clause
(i), such provision shall, on and after October 4, 1976, be null, void,
and of no effect. If and to the extent that any such provision is
inconsistent with the requirement set forth in clause (ii), such
provision shall, on and after October 13, 1988, be null, void, and of no
effect.
(vi) For purposes of clause (i) of this subparagraph, an agency of a
State (or political subdivision thereof) charged with the administration
of any general public assistance, driver's license, or motor vehicle
registration law which did not use the social security account number
for identification under a law or regulation adopted before January 1,
1975, may require an individual to disclose his or her social security
number to such agency solely for the purpose of administering the laws
referred to in clause (i) above and for the purpose of responding to
requests for information from an agency administering a program funded
under part A of subchapter IV of this chapter or an agency operating
pursuant to the provisions of part D of such subchapter.
(vii) For purposes of this subparagraph, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Marianas, and the Trust
Territory of the Pacific Islands.
(viii)(I) Social security account numbers and related records that
are obtained or maintained by authorized persons pursuant to any
provision of law enacted on or after October 1, 1990, shall be
confidential, and no authorized person shall disclose any such social
security account number or related record.
(II) Paragraphs (1), (2), and (3) of section 7213(a) of the Internal
Revenue Code of 1986 shall apply with respect to the unauthorized
willful disclosure to any person of social security account numbers and
related records obtained or maintained by an authorized person pursuant
to a provision of law enacted on or after October 1, 1990, in the same
manner and to the same extent as such paragraphs apply with respect to
unauthorized disclosures of return and return information described in
such paragraphs. Paragraph (4) of section 7213(a) of such Code shall
apply with respect to the willful offer of any item of material value in
exchange for any such social security account number or related record
in the same manner and to the same extent as such paragraph applies with
respect to offers (in exchange for any return or return information)
described in such paragraph.
(III) For purposes of this clause, the term ``authorized person''
means an officer or employee of the United States, an officer or
employee of any State, political subdivision of a State, or agency of a
State or political subdivision of a State, and any other person (or
officer or employee thereof), who has or had access to social security
account numbers or related records pursuant to any provision of law
enacted on or after October 1, 1990. For purposes of this subclause, the
term ``officer or employee'' includes a former officer or employee.
(IV) For purposes of this clause, the term ``related record'' means
any record, list, or compilation that indicates, directly or indirectly,
the identity of any individual with respect to whom a social security
account number or a request for a social security account number is
maintained pursuant to this clause.
(ix) In the administration of the provisions of chapter 81 of title
5 and the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.), the Secretary of Labor may require by regulation that any
person filing a notice of injury or a claim for benefits under such
provisions provide as part of such notice or claim such person's social
security account number, subject to the requirements of this clause. No
officer or employee of the Department of Labor shall have access to any
such number for any purpose other than the establishment of a system of
records necessary for the effective administration of such provisions.
The Secretary of Labor shall restrict, to the satisfaction of the
Commissioner of Social Security, access to social security account
numbers obtained pursuant to this clause to officers and employees of
the United States whose duties or responsibilities require access for
the administration or enforcement of such provisions. The Secretary of
Labor shall provide such other safeguards as the Commissioner of Social
Security determines to be necessary or appropriate to protect the
confidentiality of the social security account numbers.
(D)(i) It is the policy of the United States that--
(I) any State (or any political subdivision of a State) and any
authorized blood donation facility may utilize the social security
account numbers issued by the Commissioner of Social Security for
the purpose of identifying blood donors, and
(II) any State (or political subdivision of a State) may require
any individual who donates blood within such State (or political
subdivision) to furnish to such State (or political subdivision), to
any agency thereof having related administrative responsibility, or
to any authorized blood donation facility the social security
account number (or numbers, if the donor has more than one such
number) issued to the donor by the Commissioner of Social Security.
(ii) If and to the extent that any provision of Federal law enacted
before November 10, 1988, is inconsistent with the policy set forth in
clause (i), such provision shall, on and after November 10, 1988, be
null, void, and of no effect.
(iii) For purposes of this subparagraph--
(I) the term ``authorized blood donation facility'' means an
entity described in section 1320b-11(h)(1)(B) of this title, and
(II) the term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Marianas, and the Trust Territory of
the Pacific Islands.
(E)(i) It is the policy of the United States that--
(I) any State (or any political subdivision of a State) may
utilize the social security account numbers issued by the
Commissioner of Social Security for the additional purposes
described in clause (ii) if such numbers have been collected and are
otherwise utilized by such State (or political subdivision) in
accordance with applicable law, and
(II) any district court of the United States may use, for such
additional purposes, any such social security account numbers which
have been so collected and are so utilized by any State.
(ii) The additional purposes described in this clause are the
following:
(I) Identifying duplicate names of individuals on master lists
used for jury selection purposes.
(II) Identifying on such master lists those individuals who are
ineligible to serve on a jury by reason of their conviction of a
felony.
(iii) To the extent that any provision of Federal law enacted before
August 15, 1994, is inconsistent with the policy set forth in clause
(i), such provision shall, on and after August 15, 1994, be null, void,
and of no effect.
(iv) For purposes of this subparagraph, the term ``State'' has the
meaning such term has in subparagraph (D).
(F) The Commissioner of Social Security shall require, as a
condition for receipt of benefits under this subchapter, that an
individual furnish satisfactory proof of a social security account
number assigned to such individual by the Commissioner of Social
Security or, in the case of an individual to whom no such number has
been assigned, that such individual make proper application for
assignment of such a number.
(G) The Commissioner of Social Security shall issue a social
security card to each individual at the time of the issuance of a social
security account number to such individual. The social security card
shall be made of banknote paper, and (to the maximum extent practicable)
shall be a card which cannot be counterfeited.
(H) The Commissioner of Social Security shall share with the
Secretary of the Treasury the information obtained by the Commissioner
pursuant to the second sentence of subparagraph (B)(ii) and to
subparagraph (C)(ii) for the purpose of administering those sections of
the Internal Revenue Code of 1986 which grant tax benefits based on
support or residence of children.
(3) The Commissioner's records shall be evidence for the purpose of
proceedings before the Commissioner of Social Security or any court of
the amounts of wages paid to, and self-employment income derived by, an
individual and of the periods in which such wages were paid and such
income was derived. The absence of an entry in such records as to wages
alleged to have been paid to, or as to self-employment income alleged to
have been derived by, an individual in any period shall be evidence that
no such alleged wages were paid to, or that no such alleged income was
derived by, such individual during such period.
(4) Prior to the expiration of the time limitation following any
year the Commissioner of Social Security may, if it is brought to the
Commissioner's attention that any entry of wages or self-employment
income in the Commissioner's records for such year is erroneous or that
any item of wages or self-employment income for such year has been
omitted from such records, correct such entry or include such omitted
item in the Commissioner's records, as the case may be. After the
expiration of the time limitation following any year--
(A) the Commissioner's records (with changes, if any, made
pursuant to paragraph (5) of this subsection) of the amounts of
wages paid to, and self-employment income derived by, an individual
during any period in such year shall be conclusive for the purposes
of this subchapter;
(B) the absence of an entry in the Commissioner's records as to
the wages alleged to have been paid by an employer to an individual
during any period in such year shall be presumptive evidence for the
purposes of this subchapter that no such alleged wages were paid to
such individual in such period; and
(C) the absence of an entry in the Commissioner's records as to
the self-employment income alleged to have been derived by an
individual in such year shall be conclusive for the purposes of this
subchapter that no such alleged self-employment income was derived
by such individual in such year unless it is shown that he filed a
tax return of his self-employment income for such year before the
expiration of the time limitation following such year, in which case
the Commissioner of Social Security shall include in the
Commissioner's records the self-employment income of such individual
for such year.
(5) After the expiration of the time limitation following any year
in which wages were paid or alleged to have been paid to, or self-
employment income was derived or alleged to have been derived by, an
individual, the Commissioner of Social Security may change or delete any
entry with respect to wages or self-employment income in the
Commissioner's records of such year for such individual or include in
the Commissioner's records of such year for such individual any omitted
item of wages or self-employment income but only--
(A) if an application for monthly benefits or for a lump-sum
death payment was filed within the time limitation following such
year; except that no such change, deletion, or inclusion may be made
pursuant to this subparagraph after a final decision upon the
application for monthly benefits or lump-sum death payment;
(B) if within the time limitation following such year an
individual or his survivor makes a request for a change or deletion,
or for an inclusion of an omitted item, and alleges in writing that
the Commissioner's records of the wages paid to, or the self-
employment income derived by, such individual in such year are in
one or more respects erroneous; except that no such change,
deletion, or inclusion may be made pursuant to this subparagraph
after a final decision upon such request. Written notice of the
Commissioner's decision on any such request shall be given to the
individual who made the request;
(C) to correct errors apparent on the face of such records;
(D) to transfer items to records of the Railroad Retirement
Board if such items were credited under this subchapter when they
should have been credited under the Railroad Retirement Act of 1937
or 1974 [45 U.S.C. 228a et seq., 231 et seq.], or to enter items
transferred by the Railroad Retirement Board which have been
credited under the Railroad Retirement Act of 1937 or 1974 when they
should have been credited under this subchapter;
(E) to delete or reduce the amount of any entry which is
erroneous as a result of fraud;
(F) to conform the Commissioner's records to--
(i) tax returns or portions thereof (including information
returns and other written statements) filed with the
Commissioner of Internal Revenue under title VIII of the Social
Security Act, under subchapter E of chapter 1 or subchapter A of
chapter 9 of the Internal Revenue Code of 1939, under chapter 2
or 21 of the Internal Revenue Code of 1954 or the Internal
Revenue Code of 1986, or under regulations made under authority
of such title, subchapter, or chapter;
(ii) wage reports filed by a State pursuant to an agreement
under section 418 of this title or regulations of the
Commissioner of Social Security thereunder; or
(iii) assessments of amounts due under an agreement pursuant
to section 418 of this title (as in effect prior to December 31,
1986), if such assessments are made within the period specified
in subsection (q) \3\ of such section (as so in effect), or
allowances of credits or refunds of overpayments by a State
under an agreement pursuant to such section;
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\3\ See References in Text note below.
except that no amount of self-employment income of an individual for
any taxable year (if such return or statement was filed after the
expiration of the time limitation following the taxable year) shall
be included in the Commissioner's records pursuant to this
subparagraph;
(G) to correct errors made in the allocation, to individuals or
periods, of wages or self-employment income entered in the records
of the Commissioner of Social Security;
(H) to include wages paid during any period in such year to an
individual by an employer;
(I) to enter items which constitute remuneration for employment
under subsection (o) of this section, such entries to be in
accordance with certified reports of records made by the Railroad
Retirement Board pursuant to section 5(k)(3) of the Railroad
Retirement Act of 1937 [45 U.S.C. 228e(k)(3)] or section 7(b)(7) of
the Railroad Retirement Act of 1974 [45 U.S.C. 231f(b)(7)]; or
(J) to include self-employment income for any taxable year, up
to, but not in excess of, the amount of wages deleted by the
Commissioner of Social Security as payments erroneously included in
such records as wages paid to such individual, if such income (or
net earnings from self-employment), not already included in such
records as self-employment income, is included in a return or
statement (referred to in subparagraph (F) of this subsection) filed
before the expiration of the time limitation following the taxable
year in which such deletion of wages is made.
(6) Written notice of any deletion or reduction under paragraph (4)
or (5) of this subsection shall be given to the individual whose record
is involved or to his survivor, except that (A) in the case of a
deletion or reduction with respect to any entry of wages such notice
shall be given to such individual only if he has previously been
notified by the Commissioner of Social Security of the amount of his
wages for the period involved, and (B) such notice shall be given to
such survivor only if he or the individual whose record is involved has
previously been notified by the Commissioner of Social Security of the
amount of such individual's wages and self-employment income for the
period involved.
(7) Upon request in writing (within such period, after any change or
refusal of a request for a change of the Commissioner's records pursuant
to this subsection, as the Commissioner of Social Security may
prescribe), opportunity for hearing with respect to such change or
refusal shall be afforded to any individual or his survivor. If a
hearing is held pursuant to this paragraph the Commissioner of Social
Security shall make findings of fact and a decision based upon the
evidence adduced at such hearing and shall include any omitted items, or
change or delete any entry, in the Commissioner's records as may be
required by such findings and decision.
(8) A translation into English by a third party of a statement made
in a foreign language by an applicant for or beneficiary of monthly
insurance benefits under this subchapter shall not be regarded as
reliable for any purpose under this subchapter unless the third party,
under penalty of perjury--
(A) certifies that the translation is accurate; and
(B) discloses the nature and scope of the relationship between
the third party and the applicant or recipient, as the case may be.
(9) Decisions of the Commissioner of Social Security under this
subsection shall be reviewable by commencing a civil action in the
United States district court as provided in subsection (g) of this
section.
(d) Issuance of subpenas in administrative proceedings
For the purpose of any hearing, investigation, or other proceeding
authorized or directed under this subchapter, or relative to any other
matter within the Commissioner's jurisdiction hereunder, the
Commissioner of Social Security shall have power to issue subpenas
requiring the attendance and testimony of witnesses and the production
of any evidence that relates to any matter under investigation or in
question before the Commissioner of Social Security. Such attendance of
witnesses and production of evidence at the designated place of such
hearing, investigation, or other proceeding may be required from any
place in the United States or in any Territory or possession thereof.
Subpenas of the Commissioner of Social Security shall be served by
anyone authorized by the Commissioner (1) by delivering a copy thereof
to the individual named therein, or (2) by registered mail or by
certified mail addressed to such individual at his last dwelling place
or principal place of business. A verified return by the individual so
serving the subpena setting forth the manner of service, or, in the case
of service by registered mail or by certified mail, the return post-
office receipt therefor signed by the individual so served, shall be
proof of service. Witnesses so subpenaed shall be paid the same fees and
mileage as are paid witnesses in the district courts of the United
States.
(e) Judicial enforcement of subpenas; contempt
In case of contumacy by, or refusal to obey a subpena duly served
upon, any person, any district court of the United States for the
judicial district in which said person charged with contumacy or refusal
to obey is found or resides or transacts business, upon application by
the Commissioner of Social Security, shall have jurisdiction to issue an
order requiring such person to appear and give testimony, or to appear
and produce evidence, or both; any failure to obey such order of the
court may be punished by said court as contempt thereof.
(f) Repealed. Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84
Stat. 930
(g) Judicial review
Any individual, after any final decision of the Commissioner of
Social Security made after a hearing to which he was a party,
irrespective of the amount in controversy, may obtain a review of such
decision by a civil action commenced within sixty days after the mailing
to him of notice of such decision or within such further time as the
Commissioner of Social Security may allow. Such action shall be brought
in the district court of the United States for the judicial district in
which the plaintiff resides, or has his principal place of business, or,
if he does not reside or have his principal place of business within any
such judicial district, in the United States District Court for the
District of Columbia. As part of the Commissioner's answer the
Commissioner of Social Security shall file a certified copy of the
transcript of the record including the evidence upon which the findings
and decision complained of are based. The court shall have power to
enter, upon the pleadings and transcript of the record, a judgment
affirming, modifying, or reversing the decision of the Commissioner of
Social Security, with or without remanding the cause for a rehearing.
The findings of the Commissioner of Social Security as to any fact, if
supported by substantial evidence, shall be conclusive, and where a
claim has been denied by the Commissioner of Social Security or a
decision is rendered under subsection (b) of this section which is
adverse to an individual who was a party to the hearing before the
Commissioner of Social Security, because of failure of the claimant or
such individual to submit proof in conformity with any regulation
prescribed under subsection (a) of this section, the court shall review
only the question of conformity with such regulations and the validity
of such regulations. The court may, on motion of the Commissioner of
Social Security made for good cause shown before the Commissioner files
the Commissioner's answer, remand the case to the Commissioner of Social
Security for further action by the Commissioner of Social Security, and
it may at any time order additional evidence to be taken before the
Commissioner of Social Security, but only upon a showing that there is
new evidence which is material and that there is good cause for the
failure to incorporate such evidence into the record in a prior
proceeding; and the Commissioner of Social Security shall, after the
case is remanded, and after hearing such additional evidence if so
ordered, modify or affirm the Commissioner's findings of fact or the
Commissioner's decision, or both, and shall file with the court any such
additional and modified findings of fact and decision, and a transcript
of the additional record and testimony upon which the Commissioner's
action in modifying or affirming was based. Such additional or modified
findings of fact and decision shall be reviewable only to the extent
provided for review of the original findings of fact and decision. The
judgment of the court shall be final except that it shall be subject to
review in the same manner as a judgment in other civil actions. Any
action instituted in accordance with this subsection shall survive
notwithstanding any change in the person occupying the office of
Commissioner of Social Security or any vacancy in such office.
(h) Finality of Commissioner's decision
The findings and decision of the Commissioner of Social Security
after a hearing shall be binding upon all individuals who were parties
to such hearing. No findings of fact or decision of the Commissioner of
Social Security shall be reviewed by any person, tribunal, or
governmental agency except as herein provided. No action against the
United States, the Commissioner of Social Security, or any officer or
employee thereof shall be brought under section 1331 or 1346 of title 28
to recover on any claim arising under this subchapter.
(i) Certification for payment
Upon final decision of the Commissioner of Social Security, or upon
final judgment of any court of competent jurisdiction, that any person
is entitled to any payment or payments under this subchapter, the
Commissioner of Social Security shall certify to the Managing Trustee
the name and address of the person so entitled to receive such payment
or payments, the amount of such payment or payments, and the time at
which such payment or payments should be made, and the Managing Trustee,
through the Fiscal Service of the Department of the Treasury, and prior
to any action thereon by the General Accounting Office, shall make
payment in accordance with the certification of the Commissioner of
Social Security (except that in the case of (A) an individual who will
have completed ten years of service (or five or more years of service,
all of which accrues after December 31, 1995) creditable under the
Railroad Retirement Act of 1937 [45 U.S.C. 228a et seq.] or the Railroad
Retirement Act of 1974 [45 U.S.C. 231 et seq.], (B) the wife or husband
of such an individual, (C) any survivor of such an individual if such
survivor is entitled, or could upon application become entitled, to an
annuity under section 2 of the Railroad Retirement Act of 1974 [45
U.S.C. 231a], and (D) any other person entitled to benefits under
section 402 of this title on the basis of the wages and self-employment
income of such an individual (except a survivor of such an individual
where such individual did not have a current connection with the
railroad industry, as defined in the Railroad Retirement Act of 1974, at
the time of his death), such certification shall be made to the Railroad
Retirement Board which shall provide for such payment or payments to
such person on behalf of the Managing Trustee in accordance with the
provisions of the Railroad Retirement Act of 1974): Provided, That where
a review of the Commissioner's decision is or may be sought under
subsection (g) of this section the Commissioner of Social Security may
withhold certification of payment pending such review. The Managing
Trustee shall not be held personally liable for any payment or payments
made in accordance with a certification by the Commissioner of Social
Security.
(j) Representative payees
(1)(A) If the Commissioner of Social Security determines that the
interest of any individual under this subchapter would be served
thereby, certification of payment of such individual's benefit under
this subchapter may be made, regardless of the legal competency or
incompetency of the individual, either for direct payment to the
individual, or for his or her use and benefit, to another individual, or
an organization, with respect to whom the requirements of paragraph (2)
have been met (hereinafter in this subsection referred to as the
individual's ``representative payee''). If the Commissioner of Social
Security or a court of competent jurisdiction determines that a
representative payee has misused any individual's benefit paid to such
representative payee pursuant to this subsection or section 1007 or
1383(a)(2) of this title, the Commissioner of Social Security shall
promptly revoke certification for payment of benefits to such
representative payee pursuant to this subsection and certify payment to
an alternative representative payee or, if the interest of the
individual under this subchapter would be served thereby, to the
individual.
(B) In the case of an individual entitled to benefits based on
disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security determines
that such payment would serve the interest of the individual because the
individual also has an alcoholism or drug addiction condition (as
determined by the Commissioner) and the individual is incapable of
managing such benefits.
(2)(A) Any certification made under paragraph (1) for payment of
benefits to an individual's representative payee shall be made on the
basis of--
(i) an investigation by the Commissioner of Social Security of
the person to serve as representative payee, which shall be
conducted in advance of such certification and shall, to the extent
practicable, include a face-to-face interview with such person, and
(ii) adequate evidence that such certification is in the
interest of such individual (as determined by the Commissioner of
Social Security in regulations).
(B)(i) As part of the investigation referred to in subparagraph
(A)(i), the Commissioner of Social Security shall--
(I) require the person being investigated to submit documented
proof of the identity of such person, unless information
establishing such identity has been submitted with an application
for benefits under this subchapter, subchapter VIII of this chapter,
or subchapter XVI of this chapter,
(II) verify such person's social security account number (or
employer identification number),
(III) determine whether such person has been convicted of a
violation of section 408, 1011, or 1383a of this title, and
(IV) determine whether certification of payment of benefits to
such person has been revoked pursuant to this subsection, the
designation of such person as a representative payee has been
revoked pursuant to section 1007(a) of this title, or payment of
benefits to such person has been terminated pursuant to section
1383(a)(2)(A)(iii) of this title by reason of misuse of funds paid
as benefits under this subchapter, subchapter VIII of this chapter,
or subchapter XVI of this chapter.
(ii) The Commissioner of Social Security shall establish and
maintain a centralized file, which shall be updated periodically and
which shall be in a form which renders it readily retrievable by each
servicing office of the Social Security Administration. Such file shall
consist of--
(I) a list of the names and social security account numbers (or
employer identification numbers) of all persons with respect to whom
certification of payment of benefits has been revoked on or after
January 1, 1991, pursuant to this subsection, whose designation as a
representative payee has been revoked pursuant to section 1007(a) of
this title, or with respect to whom payment of benefits has been
terminated on or after such date pursuant to section
1383(a)(2)(A)(iii) of this title, by reason of misuse of funds paid
as benefits under this subchapter, subchapter VIII of this chapter,
or subchapter XVI of this chapter, and
(II) a list of the names and social security account numbers (or
employer identification numbers) of all persons who have been
convicted of a violation of section 408, 1011, or 1383a of this
title.
(C)(i) Benefits of an individual may not be certified for payment to
any other person pursuant to this subsection if--
(I) such person has previously been convicted as described in
subparagraph (B)(i)(III),
(II) except as provided in clause (ii), certification of payment
of benefits to such person under this subsection has previously been
revoked as described in subparagraph (B)(i)(IV),,\4\ the designation
of such person as a representative payee has been revoked pursuant
to section 1007(a) of this title, or payment of benefits to such
person pursuant to section 1383(a)(2)(A)(ii) of this title has
previously been terminated as described in section
1383(a)(2)(B)(ii)(IV) of this title, or
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\4\ So in original.
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(III) except as provided in clause (iii), such person is a
creditor of such individual who provides such individual with goods
or services for consideration.
(ii) The Commissioner of Social Security shall prescribe regulations
under which the Commissioner of Social Security may grant exemptions to
any person from the provisions of clause (i)(II) on a case-by-case basis
if such exemption is in the best interest of the individual whose
benefits would be paid to such person pursuant to this subsection.
(iii) Clause (i)(III) shall not apply with respect to any person who
is a creditor referred to therein if such creditor is--
(I) a relative of such individual if such relative resides in
the same household as such individual,
(II) a legal guardian or legal representative of such
individual,
(III) a facility that is licensed or certified as a care
facility under the law of a State or a political subdivision of a
State,
(IV) a person who is an administrator, owner, or employee of a
facility referred to in subclause (III) if such individual resides
in such facility, and the certification of payment to such facility
or such person is made only after good faith efforts have been made
by the local servicing office of the Social Security Administration
to locate an alternative representative payee to whom such
certification of payment would serve the best interests of such
individual, or
(V) an individual who is determined by the Commissioner of
Social Security, on the basis of written findings and under
procedures which the Commissioner of Social Security shall prescribe
by regulation, to be acceptable to serve as a representative payee.
(iv) The procedures referred to in clause (iii)(V) shall require the
individual who will serve as representative payee to establish, to the
satisfaction of the Commissioner of Social Security, that--
(I) such individual poses no risk to the beneficiary,
(II) the financial relationship of such individual to the
beneficiary poses no substantial conflict of interest, and
(III) no other more suitable representative payee can be found.
(v) In the case of an individual described in paragraph (1)(B), when
selecting such individual's representative payee, preference shall be
given to--
(I) a community-based nonprofit social service agency licensed
or bonded by the State,
(II) a Federal, State, or local government agency whose mission
is to carry out income maintenance, social service, or health care-
related activities,
(III) a State or local government agency with fiduciary
responsibilities, or
(IV) a designee of an agency (other than of a Federal agency)
referred to in the preceding subclauses of this clause, if the
Commissioner of Social Security deems it appropriate,
unless the Commissioner of Social Security determines that selection of
a family member would be appropriate.
(D)(i) Subject to clause (ii), if the Commissioner of Social
Security makes a determination described in the first sentence of
paragraph (1) with respect to any individual's benefit and determines
that direct payment of the benefit to the individual would cause
substantial harm to the individual, the Commissioner of Social Security
may defer (in the case of initial entitlement) or suspend (in the case
of existing entitlement) direct payment of such benefit to the
individual, until such time as the selection of a representative payee
is made pursuant to this subsection.
(ii)(I) Except as provided in subclause (II), any deferral or
suspension of direct payment of a benefit pursuant to clause (i) shall
be for a period of not more than 1 month.
(II) Subclause (I) shall not apply in any case in which the
individual is, as of the date of the Commissioner's determination,
legally incompetent, under the age of 15 years, or described in
paragraph (1)(B).
(iii) Payment pursuant to this subsection of any benefits which are
deferred or suspended pending the selection of a representative payee
shall be made to the individual or the representative payee as a single
sum or over such period of time as the Commissioner of Social Security
determines is in the best interest of the individual entitled to such
benefits.
(E)(i) Any individual who is dissatisfied with a determination by
the Commissioner of Social Security to certify payment of such
individual's benefit to a representative payee under paragraph (1) or
with the designation of a particular person to serve as representative
payee shall be entitled to a hearing by the Commissioner of Social
Security to the same extent as is provided in subsection (b) of this
section, and to judicial review of the Commissioner's final decision as
is provided in subsection (g) of this section.
(ii) In advance of the certification of payment of an individual's
benefit to a representative payee under paragraph (1), the Commissioner
of Social Security shall provide written notice of the Commissioner's
initial determination to certify such payment. Such notice shall be
provided to such individual, except that, if such individual--
(I) is under the age of 15,
(II) is an unemancipated minor under the age of 18, or
(III) is legally incompetent,
then such notice shall be provided solely to the legal guardian or legal
representative of such individual.
(iii) Any notice described in clause (ii) shall be clearly written
in language that is easily understandable to the reader, shall identify
the person to be designated as such individual's representative payee,
and shall explain to the reader the right under clause (i) of such
individual or of such individual's legal guardian or legal
representative--
(I) to appeal a determination that a representative payee is
necessary for such individual,
(II) to appeal the designation of a particular person to serve
as the representative payee of such individual, and
(III) to review the evidence upon which such designation is
based and submit additional evidence.
(3)(A) In any case where payment under this subchapter is made to a
person other than the individual entitled to such payment, the
Commissioner of Social Security shall establish a system of
accountability monitoring whereby such person shall report not less
often than annually with respect to the use of such payments. The
Commissioner of Social Security shall establish and implement
statistically valid procedures for reviewing such reports in order to
identify instances in which such persons are not properly using such
payments.
(B) Subparagraph (A) shall not apply in any case where the other
person to whom such payment is made is a State institution. In such
cases, the Commissioner of Social Security shall establish a system of
accountability monitoring for institutions in each State.
(C) Subparagraph (A) shall not apply in any case where the
individual entitled to such payment is a resident of a Federal
institution and the other person to whom such payment is made is the
institution.
(D) Notwithstanding subparagraphs (A), (B), and (C), the
Commissioner of Social Security may require a report at any time from
any person receiving payments on behalf of another, if the Commissioner
of Social Security has reason to believe that the person receiving such
payments is misusing such payments.
(E) The Commissioner of Social Security shall maintain a centralized
file, which shall be updated periodically and which shall be in a form
which will be readily retrievable by each servicing office of the Social
Security Administration, of--
(i) the address and the social security account number (or
employer identification number) of each representative payee who is
receiving benefit payments pursuant to this subsection, section 1007
of this title, or section 1383(a)(2) of this title, and
(ii) the address and social security account number of each
individual for whom each representative payee is reported to be
providing services as representative payee pursuant to this
subsection, section 1007 of this title, or section 1383(a)(2) of
this title.
(F) Each servicing office of the Administration shall maintain a
list, which shall be updated periodically, of public agencies and
community-based nonprofit social service agencies which are qualified to
serve as representative payees pursuant to this subsection or section
1007 or 1383(a)(2) of this title and which are located in the area
served by such servicing office.
(4)(A)(i) A qualified organization may collect from an individual a
monthly fee for expenses (including overhead) incurred by such
organization in providing services performed as such individual's
representative payee pursuant to this subsection if such fee does not
exceed the lesser of--
(I) 10 percent of the monthly benefit involved, or
(II) $25.00 per month ($50.00 per month in any case in which the
individual is described in paragraph (1)(B)).
The Commissioner of Social Security shall adjust annually (after 1995)
each dollar amount set forth in subclause (II) under procedures
providing for adjustments in the same manner and to the same extent as
adjustments are provided for under the procedures used to adjust benefit
amounts under section 415(i)(2)(A) of this title, except that any amount
so adjusted that is not a multiple of $1.00 shall be rounded to the
nearest multiple of $1.00. Any agreement providing for a fee in excess
of the amount permitted under this subparagraph shall be void and shall
be treated as misuse by such organization of such individual's benefits.
(ii) In the case of an individual who is no longer currently
entitled to monthly insurance benefits under this subchapter but to whom
all past-due benefits have not been paid, for purposes of clause (i),
any amount of such past-due benefits payable in any month shall be
treated as a monthly benefit referred to in clause (i)(I).
(B) For purposes of this paragraph, the term ``qualified
organization'' means any State or local government agency whose mission
is to carry out income maintenance, social service, or health care-
related activities, any State or local government agency with fiduciary
responsibilities, or any community-based nonprofit social service agency
which is bonded or licensed in each State in which it serves as a
representative payee, if such agency, in accordance with any applicable
regulations of the Commissioner of Social Security--
(i) regularly provides services as the representative payee,
pursuant to this subsection or section 1007 or 1383(a)(2) of this
title, concurrently to 5 or more individuals,\5\
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\5\ So in original. Probably should be followed by ``and''.
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(ii) demonstrates to the satisfaction of the Commissioner of
Social Security that such agency is not otherwise a creditor of any
such individual.
The Commissioner of Social Security shall prescribe regulations under
which the Commissioner of Social Security may grant an exception from
clause (ii) for any individual on a case-by-case basis if such exception
is in the best interests of such individual.
(C) Any qualified organization which knowingly charges or collects,
directly or indirectly, any fee in excess of the maximum fee prescribed
under subparagraph (A) or makes any agreement, directly or indirectly,
to charge or collect any fee in excess of such maximum fee, shall be
fined in accordance with title 18, or imprisoned not more than 6 months,
or both.
(5) In cases where the negligent failure of the Commissioner of
Social Security to investigate or monitor a representative payee results
in misuse of benefits by the representative payee, the Commissioner of
Social Security shall certify for payment to the beneficiary or the
beneficiary's alternative representative payee an amount equal to such
misused benefits. The Commissioner of Social Security shall make a good
faith effort to obtain restitution from the terminated representative
payee.
(6) The Commissioner of Social Security shall include as a part of
the annual report required under section 904 \6\ of this title
information with respect to the implementation of the preceding
provisions of this subsection, including the number of cases in which
the representative payee was changed, the number of cases discovered
where there has been a misuse of funds, how any such cases were dealt
with by the Commissioner of Social Security, the final disposition of
such cases, including any criminal penalties imposed, and such other
information as the Commissioner of Social Security determines to be
appropriate.
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\6\ See References in Text note below.
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(7) For purposes of this subsection, the term ``benefit based on
disability'' of an individual means a disability insurance benefit of
such individual under section 423 of this title or a child's, widow's,
or widower's insurance benefit of such individual under section 402 of
this title based on such individual's disability.
(k) Payments to incompetents
Any payment made after December 31, 1939, under conditions set forth
in subsection (j) of this section, any payment made before January 1,
1940, to, or on behalf of, a legally incompetent individual, and any
payment made after December 31, 1939, to a legally incompetent
individual without knowledge by the Commissioner of Social Security of
incompetency prior to certification of payment, if otherwise valid under
this subchapter, shall be a complete settlement and satisfaction of any
claim, right, or interest in and to such payment.
(l) Delegation of powers and duties by Commissioner
The Commissioner of Social Security is authorized to delegate to any
member, officer, or employee of the Social Security Administration
designated by the Commissioner any of the powers conferred upon the
Commissioner by this section, and is authorized to be represented by the
Commissioner's own attorneys in any court in any case or proceeding
arising under the provisions of subsection (e) of this section.
(m) Repealed. Aug. 28, 1950, ch. 809, title I, Sec. 101(b)(2), 64 Stat.
488
(n) Joint payments
The Commissioner of Social Security may, in the Commissioner's
discretion, certify to the Managing Trustee any two or more individuals
of the same family for joint payment of the total benefits payable to
such individuals for any month, and if one of such individuals dies
before a check representing such joint payment is negotiated, payment of
the amount of such unnegotiated check to the surviving individual or
individuals may be authorized in accordance with regulations of the
Secretary of the Treasury; except that appropriate adjustment or
recovery shall be made under section 404(a) of this title with respect
to so much of the amount of such check as exceeds the amount to which
such surviving individual or individuals are entitled under this
subchapter for such month.
(o) Crediting of compensation under Railroad Retirement Act
If there is no person who would be entitled, upon application
therefor, to an annuity under section 2 of the Railroad Retirement Act
of 1974 [45 U.S.C. 231a], or to a lump-sum payment under section 6(b) of
such Act [45 U.S.C. 231e(b)], with respect to the death of an employee
(as defined in such Act), then, notwithstanding section 410(a)(9) of
this title, compensation (as defined in such Railroad Retirement Act,
but excluding compensation attributable as having been paid during any
month on account of military service creditable under section 3(i) of
such Act [45 U.S.C. 231b(i)] if wages are deemed to have been paid to
such employee during such month under subsection (a) or (e) of section
417 of this title) of such employee shall constitute remuneration for
employment for purposes of determining (A) entitlement to and the amount
of any lump-sum death payment under this subchapter on the basis of such
employee's wages and self-employment income and (B) entitlement to and
the amount of any monthly benefit under this subchapter, for the month
in which such employee died or for any month thereafter, on the basis of
such wages and self-employment income. For such purposes, compensation
(as so defined) paid in a calendar year before 1978 shall, in the
absence of evidence to the contrary, be presumed to have been paid in
equal proportions with respect to all months in the year in which the
employee rendered services for such compensation.
(p) Special rules in case of Federal service
(1) With respect to service included as employment under section 410
of this title which is performed in the employ of the United States or
in the employ of any instrumentality which is wholly owned by the United
States, including service, performed as a member of a uniformed service,
to which the provisions of subsection (l)(1) of such section are
applicable, and including service, performed as a volunteer or volunteer
leader within the meaning of the Peace Corps Act [22 U.S.C. 2501 et
seq.], to which the provisions of section 410(o) of this title are
applicable, the Commissioner of Social Security shall not make
determinations as to the amounts of remuneration for such service, or
the periods in which or for which such remuneration was paid, but shall
accept the determinations with respect thereto of the head of the
appropriate Federal agency or instrumentality, and of such agents as
such head may designate, as evidenced by returns filed in accordance
with the provisions of section 3122 of the Internal Revenue Code of 1954
and certifications made pursuant to this subsection. Such determinations
shall be final and conclusive. Nothing in this paragraph shall be
construed to affect the Commissioner's authority to determine under
sections 409 and 410 of this title whether any such service constitutes
employment, the periods of such employment, and whether remuneration
paid for any such service constitutes wages.
(2) The head of any such agency or instrumentality is authorized and
directed, upon written request of the Commissioner of Social Security,
to make certification to the Commissioner with respect to any matter
determinable for the Commissioner of Social Security by such head or his
agents under this subsection, which the Commissioner of Social Security
finds necessary in administering this subchapter.
(3) The provisions of paragraphs (1) and (2) of this subsection
shall be applicable in the case of service performed by a civilian
employee, not compensated from funds appropriated by the Congress, in
the Army and Air Force Exchange Service, Army and Air Force Motion
Picture Service, Navy Exchanges, Marine Corps Exchanges, or other
activities, conducted by an instrumentality of the United States subject
to the jurisdiction of the Secretary of Defense, at installations of the
Department of Defense for the comfort, pleasure, contentment, and mental
and physical improvement of personnel of such Department; and for
purposes of paragraphs (1) and (2) of this subsection the Secretary of
Defense shall be deemed to be the head of such instrumentality. The
provisions of paragraphs (1) and (2) shall be applicable also in the
case of service performed by a civilian employee, not compensated from
funds appropriated by the Congress, in the Coast Guard Exchanges or
other activities, conducted by an instrumentality of the United States
subject to the jurisdiction of the Secretary of Transportation, at
installations of the Coast Guard for the comfort, pleasure, contentment,
and mental and physical improvement of personnel of the Coast Guard; and
for purposes of paragraphs (1) and (2) the Secretary of Transportation
shall be deemed to be the head of such instrumentality.
(q) Expedited benefit payments
(1) The Commissioner of Social Security shall establish and put into
effect procedures under which expedited payment of monthly insurance
benefits under this subchapter will, subject to paragraph (4) of this
subsection, be made as set forth in paragraphs (2) and (3) of this
subsection.
(2) In any case in which--
(A) an individual makes an allegation that a monthly benefit
under this subchapter was due him in a particular month but was not
paid to him, and
(B) such individual submits a written request for the payment of
such benefit--
(i) in the case of an individual who received a regular
monthly benefit in the month preceding the month with respect to
which such allegation is made, not less than 30 days after the
15th day of the month with respect to which such allegation is
made (and in the event that such request is submitted prior to
the expiration of such 30-day period, it shall be deemed to have
been submitted upon the expiration of such period), and
(ii) in any other case, not less than 90 days after the
later of (I) the date on which such benefit is alleged to have
been due, or (II) the date on which such individual furnished
the last information requested by the Commissioner of Social
Security (and such written request will be deemed to be filed on
the day on which it was filed, or the ninetieth day after the
first day on which the Commissioner of Social Security has
evidence that such allegation is true, whichever is later),
the Commissioner of Social Security shall, if the Commissioner finds
that benefits are due, certify such benefits for payment, and payment
shall be made within 15 days immediately following the date on which the
written request is deemed to have been filed.
(3) In any case in which the Commissioner of Social Security
determines that there is evidence, although additional evidence might be
required for a final decision, that an allegation described in paragraph
(2)(A) is true, the Commissioner may make a preliminary certification of
such benefit for payment even though the 30-day or 90-day periods
described in paragraph (2)(B)(i) and (B)(ii) have not elapsed.
(4) Any payment made pursuant to a certification under paragraph (3)
of this subsection shall not be considered an incorrect payment for
purposes of determining the liability of the certifying or disbursing
officer.
(5) For purposes of this subsection, benefits payable under section
428 of this title shall be treated as monthly insurance benefits payable
under this subchapter. However, this subsection shall not apply with
respect to any benefit for which a check has been negotiated, or with
respect to any benefit alleged to be due under either section 423 of
this title, or section 402 of this title to a wife, husband, or child of
an individual entitled to or applying for benefits under section 423 of
this title, or to a child who has attained age 18 and is under a
disability, or to a widow or widower on the basis of being under a
disability.
(r) Use of death certificates to correct program information
(1) The Commissioner of Social Security shall undertake to establish
a program under which--
(A) States (or political subdivisions thereof) voluntarily
contract with the Commissioner of Social Security to furnish the
Commissioner of Social Security periodically with information (in a
form established by the Commissioner of Social Security in
consultation with the States) concerning individuals with respect to
whom death certificates (or equivalent documents maintained by the
States or subdivisions) have been officially filed with them; and
(B) there will be (i) a comparison of such information on such
individuals with information on such individuals in the records
being used in the administration of this chapter, (ii) validation of
the results of such comparisons, and (iii) corrections in such
records to accurately reflect the status of such individuals.
(2) Each State (or political subdivision thereof) which furnishes
the Commissioner of Social Security with information on records of
deaths in the State or subdivision under this subsection may be paid by
the Commissioner of Social Security from amounts available for
administration of this chapter the reasonable costs (established by the
Commissioner of Social Security in consultations with the States) for
transcribing and transmitting such information to the Commissioner of
Social Security.
(3) In the case of individuals with respect to whom federally funded
benefits are provided by (or through) a Federal or State agency other
than under this chapter, the Commissioner of Social Security shall to
the extent feasible provide such information through a cooperative
arrangement with such agency, for ensuring proper payment of those
benefits with respect to such individuals if--
(A) under such arrangement the agency provides reimbursement to
the Commissioner of Social Security for the reasonable cost of
carrying out such arrangement, and
(B) such arrangement does not conflict with the duties of the
Commissioner of Social Security under paragraph (1).
(4) The Commissioner of Social Security may enter into similar
agreements with States to provide information for their use in programs
wholly funded by the States if the requirements of subparagraphs (A) and
(B) of paragraph (3) are met.
(5) The Commissioner of Social Security may use or provide for the
use of such records as may be corrected under this section, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical and research activities conducted by
Federal and State agencies.
(6) Information furnished to the Commissioner of Social Security
under this subsection may not be used for any purpose other than the
purpose described in this subsection and is exempt from disclosure under
section 552 of title 5 and from the requirements of section 552a of such
title.
(7) The Commissioner of Social Security shall include information on
the status of the program established under this section and impediments
to the effective implementation of the program in the 1984 report
required under section 904 of this title.
(8)(A) The Commissioner of Social Security shall, upon the request
of the official responsible for a State driver's license agency pursuant
to the Help America Vote Act of 2002--
(i) enter into an agreement with such official for the purpose
of verifying applicable information, so long as the requirements of
subparagraphs (A) and (B) of paragraph (3) are met; and
(ii) include in such agreement safeguards to assure the
maintenance of the confidentiality of any applicable information
disclosed and procedures to permit such agency to use the applicable
information for the purpose of maintaining its records.
(B) Information provided pursuant to an agreement under this
paragraph shall be provided at such time, in such place, and in such
manner as the Commissioner determines appropriate.
(C) The Commissioner shall develop methods to verify the accuracy of
information provided by the agency with respect to applications for
voter registration, for whom the last 4 digits of a social security
number are provided instead of a driver's license number.
(D) For purposes of this paragraph--
(i) the term ``applicable information'' means information
regarding whether--
(I) the name (including the first name and any family
forename or surname), the date of birth (including the month,
day, and year), and social security number of an individual
provided to the Commissioner match the information contained in
the Commissioner's records, and
(II) such individual is shown on the records of the
Commissioner as being deceased; and
(ii) the term ``State driver's license agency'' means the State
agency which issues driver's licenses to individuals within the
State and maintains records relating to such licensure.
(E) Nothing in this paragraph may be construed to require the
provision of applicable information with regard to a request for a
record of an individual if the Commissioner determines there are
exceptional circumstances warranting an exception (such as safety of the
individual or interference with an investigation).
(F) Applicable information provided by the Commission pursuant to an
agreement under this paragraph or by an individual to any agency that
has entered into an agreement under this paragraph shall be considered
as strictly confidential and shall be used only for the purposes
described in this paragraph and for carrying out an agreement under this
paragraph. Any officer or employee or former officer or employee of a
State, or any officer or employee or former officer or employee of a
contractor of a State who, without the written authority of the
Commissioner, publishes or communicates any applicable information in
such individual's possession by reason of such employment or position as
such an officer, shall be guilty of a felony and upon conviction thereof
shall be fined or imprisoned, or both, as described in section 408 of
this title.
(s) Notice requirements
The Commissioner of Social Security shall take such actions as are
necessary to ensure that any notice to one or more individuals issued
pursuant to this subchapter by the Commissioner of Social Security or by
a State agency--
(1) is written in simple and clear language, and
(2) includes the address and telephone number of the local
office of the Social Security Administration which serves the
recipient.
In the case of any such notice which is not generated by a local
servicing office, the requirements of paragraph (2) shall be treated as
satisfied if such notice includes the address of the local office of the
Social Security Administration which services the recipient of the
notice and a telephone number through which such office can be reached.
(t) Same-day personal interviews at field offices in cases where time is
of essence
In any case in which an individual visits a field office of the
Social Security Administration and represents during the visit to an
officer or employee of the Social Security Administration in the office
that the individual's visit is occasioned by--
(1) the receipt of a notice from the Social Security
Administration indicating a time limit for response by the
individual, or
(2) the theft, loss, or nonreceipt of a benefit payment under
this subchapter,
the Commissioner of Social Security shall ensure that the individual is
granted a face-to-face interview at the office with an officer or
employee of the Social Security Administration before the close of
business on the day of the visit.
(u) Redetermination of entitlement
(1)(A) The Commissioner of Social Security shall immediately
redetermine the entitlement of individuals to monthly insurance benefits
under this subchapter if there is reason to believe that fraud or
similar fault was involved in the application of the individual for such
benefits, unless a United States attorney, or equivalent State
prosecutor, with jurisdiction over potential or actual related criminal
cases, certifies, in writing, that there is a substantial risk that such
action by the Commissioner of Social Security with regard to
beneficiaries in a particular investigation would jeopardize the
criminal prosecution of a person involved in a suspected fraud.
(B) When redetermining the entitlement, or making an initial
determination of entitlement, of an individual under this subchapter,
the Commissioner of Social Security shall disregard any evidence if
there is reason to believe that fraud or similar fault was involved in
the providing of such evidence.
(2) For purposes of paragraph (1), similar fault is involved with
respect to a determination if--
(A) an incorrect or incomplete statement that is material to the
determination is knowingly made; or
(B) information that is material to the determination is
knowingly concealed.
(3) If, after redetermining pursuant to this subsection the
entitlement of an individual to monthly insurance benefits, the
Commissioner of Social Security determines that there is insufficient
evidence to support such entitlement, the Commissioner of Social
Security may terminate such entitlement and may treat benefits paid on
the basis of such insufficient evidence as overpayments.
(Aug. 14, 1935, ch. 531, title II, Sec. 205, 49 Stat. 624; Aug. 10,
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1368; June 25, 1948,
ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63
Stat. 107; Aug. 28, 1950, ch. 809, title I, Secs. 101(b)(2), 108(a)-(c),
109(b), 64 Stat. 488, 518, 523; July 18, 1952, ch. 945, Sec. 5(b), 66
Stat. 775; Sept. 1, 1954, ch. 1206, title I, Sec. 101(a)(5), (c)(3), 68
Stat. 1052, 1054; Aug. 1, 1956, ch. 836, title I, Secs. 107(b), 111(a),
117, 70 Stat. 829, 831, 834; Aug. 1, 1956, ch. 837, title IV,
Sec. 402(b), 70 Stat. 871; Pub. L. 86-507, Sec. 1(35), June 11, 1960, 74
Stat. 202; Pub. L. 86-778, title I, Secs. 102(f)(2), 103(j)(2)(E), title
VII, Sec. 702(a), Sept. 13, 1960, 74 Stat. 933, 938, 993; Pub. L. 87-
293, title II, Sec. 202(b)(3), Sept. 21, 1961, 75 Stat. 626; Pub. L. 89-
97, title III, Secs. 308(d)(9), (10), 330, July 30, 1965, 79 Stat. 379,
401; Pub. L. 90-248, title I, Sec. 171(a), Jan. 2, 1968, 81 Stat. 876;
Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84 Stat. 930; Pub. L.
92-603, title I, Sec. 137, Oct. 30, 1972, 86 Stat. 1364; Pub. L. 93-445,
title III, Secs. 302(a), 303, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 94-
202, Sec. 4, Jan. 2, 1976, 89 Stat. 1136; Pub. L. 94-455, title XII,
Sec. 1211(b), Oct. 4, 1976, 90 Stat. 1711; Pub. L. 95-216, title III,
Sec. 353(f)(2), Dec. 20, 1977, 91 Stat. 1554; Pub. L. 95-600, title VII,
Sec. 703(j)(14)(B), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96-265, title
III, Secs. 305(a), 307, June 9, 1980, 94 Stat. 457, 458; Pub. L. 97-455,
Sec. 4(a), Jan. 12, 1983, 96 Stat. 2499; Pub. L. 98-21, title III,
Secs. 301(d), 309(i), 336, 345(a), Apr. 20, 1983, 97 Stat. 111, 117,
130, 137; Pub. L. 98-369, div. B, title VI, Secs. 2661(h), 2663(a)(4),
(j)(4), July 18, 1984, 98 Stat. 1157, 1162, 1171; Pub. L. 98-460,
Sec. 16(a), Oct. 9, 1984, 98 Stat. 1809; Pub. L. 99-509, title IX,
Sec. 9002(c)(2)(A), (B), Oct. 21, 1986, 100 Stat. 1971; Pub. L. 100-485,
title I, Sec. 125(a), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100-647,
title VIII, Secs. 8008(a), 8009(a), 8015(a)(1), 8016(a)(1), Nov. 10,
1988, 102 Stat. 3783, 3787, 3790, 3792; Pub. L. 101-239, title X,
Secs. 10303(a), 10304, Dec. 19, 1989, 103 Stat. 2482, 2483; Pub. L. 101-
508, title V, Secs. 5105(a)(1)(A), (2)(A)(i), (3)(A)(i), (b)(1)(A),
(c)(1), (d)(1)(A), 5107(a)(1), 5109(a)(1), Nov. 5, 1990, 104 Stat. 1388-
254, 1388-255, 1388-260, 1388-263, 1388-265, 1388-269, 1388-271; Pub. L.
101-624, title XVII, Sec. 1735(a), (b), title XXII, Sec. 2201(b), (c),
Nov. 28, 1990, 104 Stat. 3791, 3792, 3951, 3952; Pub. L. 103-296, title
I, Sec. 107(a)(1), (2), (4), title II, Secs. 201(a)(1)(A), (B), (2)(A)-
(C), 206(a)(1), (d)(1), title III, Secs. 304(a), 316(a), 318, 321(a)(7)-
(11), (c)(3), (6)(B), (f)(2)(A), Aug. 15, 1994, 108 Stat. 1477, 1478,
1490-1493, 1509, 1514, 1520, 1531, 1533, 1536, 1538, 1541; Pub. L. 104-
121, title I, Sec. 105(a)(2), Mar. 29, 1996, 110 Stat. 852; Pub. L. 104-
193, title I, Sec. 108(a)(1), Aug. 22, 1996, 110 Stat. 2164; Pub. L.
105-34, title X, Sec. 1090(b)(1), Aug. 5, 1997, 111 Stat. 962; Pub. L.
106-169, title II, Sec. 251(b)(2), Dec. 14, 1999, 113 Stat. 1854; Pub.
L. 107-90, title I, Sec. 103(i)(3), Dec. 21, 2001, 115 Stat. 882; Pub.
L. 107-252, title III, Sec. 303(a)(5)(C), Oct. 29, 2002, 116 Stat.
1711.)
References in Text
Subsecs. (e) and (q) of section 418 of this title, referred to in
subsec. (c)(1)(D)(i), (5)(F)(iii), which related to payments and reports
by States, and to time limitation on assessments, respectively, were
repealed, and subsec. (f) of section 418 of this title was redesignated
as subsec. (e), by Pub. L. 99-509, title IX, Sec. 9002(c)(1), Oct. 21,
1986, 100 Stat. 1971.
Parts A and D of subchapter IV of this chapter, referred to in
subsec. (c)(2)(C)(ii), (vi), are classified to sections 601 et seq. and
651 et seq., respectively, of this title.
Section 7(a) of the Privacy Act of 1974, referred to in subsec.
(c)(2)(C)(ii), is section 7(a) of Pub. L. 93-579, which is set out as a
note under section 552a of Title 5, Government Organization and
Employees.
The Food Stamp Act of 1977, referred to in subsec.
(c)(2)(C)(iii)(I), (II), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,
as amended, which is classified generally to chapter 51 (Sec. 2011 et
seq.) of Title 7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section 2011 of Title 7
and Tables.
The Federal Crop Insurance Act, referred to in subsec.
(c)(2)(C)(iv), is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as
amended, which is classified generally to chapter 36 (Sec. 1501 et seq.)
of Title 7. For complete classification of this Act to the Code, see
section 1501 of Title 7 and Tables.
The Internal Revenue Code of 1986, referred to in subsec.
(c)(2)(C)(viii)(II), (H), is classified generally to Title 26, Internal
Revenue Code.
The Longshore and Harbor Workers' Compensation Act, referred to in
subsec. (c)(2)(C)(ix), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, as
amended, which is classified generally to chapter 18 (Sec. 901 et seq.)
of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see section 901 of Title 33 and
Tables.
The Railroad Retirement Act of 1937, referred to in subsecs.
(c)(5)(D) and (i), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as
amended generally. See par. for Railroad Retirement Act of 1974 below.
The Railroad Retirement Act of 1974, referred to in subsecs.
(c)(5)(D), (i), and (o), is act Aug. 29, 1935, ch. 812, as amended
generally by Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat.
1305, which is classified generally to subchapter IV (Sec. 231 et seq.)
of chapter 9 of Title 45, Railroads. Pub. L. 93-445 completely amended
and revised the Railroad Retirement Act of 1937 (approved June 24, 1937,
ch. 382, 50 Stat. 307), and as thus amended and revised, the 1937 Act
was redesignated the Railroad Retirement Act of 1974. Previously, the
1937 Act had completely amended and revised the Railroad Retirement Act
of 1935 (approved Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of
the 1937 Act provided that the 1935 Act, as in force prior to amendment
by the 1937 Act, may be cited as the Railroad Retirement Act of 1935;
and that the 1935 Act, as amended by the 1937 Act may be cited as the
Railroad Retirement Act of 1937. The Railroad Retirement Acts of 1935
and 1937 were classified to subchapter II (Sec. 215 et seq.) and
subchapter III (Sec. 228a et seq.), respectively, of chapter 9 of Title
45. For further details and complete classification of these Acts to the
Code, see Codification note set out preceding section 231 of Title 45,
section 231t of Title 45, and Tables.
Title VIII of the Social Security Act, referred to in subsec.
(c)(5)(F)(i), probably means former title VIII of the Social Security
Act, which was classified to subchapter VIII (Sec. 1001 et seq.) of this
chapter, and was omitted from the Code as superseded by the provisions
of the Internal Revenue Code of 1939 and the Internal Revenue Code of
1986.
Subchapter E of chapter 1 and subchapter A of chapter 9 of the
Internal Revenue Code of 1939, referred to in subsec. (c)(5)(F)(i), were
comprised of sections 480 to 482 and 1400 to 1432, respectively, and
were repealed (subject to certain exceptions) by section 7851(a)(1)(A),
(3) of the Internal Revenue Code of 1986.
For provision deeming a reference in other laws to a provision of
the 1939 Code as a reference to the corresponding provisions of the 1986
Code, see section 7852(b) of the 1986 Code. For table of comparisons of
the 1939 Code to the 1986 Code, see table preceding section 1 of Title
26, Internal Revenue Code. The Internal Revenue Code of 1986 is
classified generally to Title 26.
Chapters 2 and 21 of the Internal Revenue Code of 1954, referred to
in subsec. (c)(5)(F)(i), were redesignated chapters 2 and 21 of the
Internal Revenue Code of 1986, and are classified to sections 1401 et
seq. and 3101 et seq., respectively, of Title 26.
Section 904 of this title, referred to in subsec. (j)(6), was
amended generally by Pub. L. 103-296, title I, Sec. 104(a), Aug. 15,
1994, 108 Stat. 1470, and, as so amended, does not require an annual
report.
The Peace Corps Act, referred to in subsec. (p)(1), is Pub. L. 87-
293, Sept. 22, 1961, 75 Stat. 612, as amended, which is classified
principally to chapter 34 (Sec. 2501 et seq.) of Title 22, Foreign
Relations and Intercourse. For complete classification of this Act to
the Code, see Short Title note set out under section 2501 of Title 22
and Tables.
Section 3122 of the Internal Revenue Code of 1954, referred to in
subsec. (p)(1), redesignated section 3122 of the Internal Revenue Code
of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, and is
classified to section 3122 of Title 26, Internal Revenue Code.
The Help America Vote Act of 2002, referred to in subsec. (r)(8)(A),
is Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666. For complete
classification of this Act to the Code, see Short Title note set out
under section 15301 of this title and Tables.
Codification
August 15, 1994, referred to in subsec. (c)(2)(E)(iii), was in the
original ``the date of the enactment of this subparagraph'' and ``that
date'', which were translated as meaning the date of enactment of Pub.
L. 103-296, which added subsec. (c)(2)(E) and redesignated former
subsec. (c)(2)(E) as (c)(2)(F).
In subsec. (g), act June 25, 1948, as amended by act May 24, 1949,
substituted United States District Court for the District of Columbia,
for District Court of the United States for the District of Columbia.
Amendments
2002--Subsec. (r)(8). Pub. L. 107-252 added par. (8).
2001--Subsec. (i). Pub. L. 107-90 inserted ``(or five or more years
of service, all of which accrues after December 31, 1995)'' after ``ten
years of service''.
1999--Subsec. (j)(1)(A). Pub. L. 106-169, Sec. 251(b)(2)(A),
inserted ``1007 or'' before ``1383(a)(2)''.
Subsec. (j)(2)(B)(i)(I). Pub. L. 106-169, Sec. 251(b)(2)(B),
inserted ``, subchapter VIII of this chapter,'' before ``or subchapter
XVI of this chapter''.
Subsec. (j)(2)(B)(i)(III). Pub. L. 106-169, Sec. 251(b)(2)(C),
inserted ``, 1011,'' before ``or 1383a''.
Subsec. (j)(2)(B)(i)(IV). Pub. L. 106-169, Sec. 251(b)(2)(D),
inserted ``, the designation of such person as a representative payee
has been revoked pursuant to section 1007(a) of this title,'' before
``or payment of benefits'' and ``, subchapter VIII of this chapter,''
before ``or subchapter XVI of this chapter''.
Subsec. (j)(2)(B)(ii)(I). Pub. L. 106-169, Sec. 251(b)(2)(E),
inserted ``whose designation as a representative payee has been revoked
pursuant to section 1007(a) of this title,'' before ``or with respect to
whom'' and ``, subchapter VIII of this chapter,'' before ``or subchapter
XVI of this chapter''.
Subsec. (j)(2)(B)(ii)(II). Pub. L. 106-169, Sec. 251(b)(2)(F),
inserted ``, 1011,'' before ``or 1383a''.
Subsec. (j)(2)(C)(i)(II). Pub. L. 106-169, Sec. 251(b)(2)(G),
inserted ``, the designation of such person as a representative payee
has been revoked pursuant to section 1007(a) of this title,'' before
``or payment of benefits''.
Subsec. (j)(3)(E)(i), (ii). Pub. L. 106-169, Sec. 251(b)(2)(H),
inserted ``, section 1007 of this title,'' before ``or section
1383(a)(2) of this title''.
Subsec. (j)(3)(F). Pub. L. 106-169, Sec. 251(b)(2)(I), inserted
``1007 or'' before ``1383(a)(2)''.
Subsec. (j)(4)(B)(i). Pub. L. 106-169, Sec. 251(b)(2)(J), inserted
``1007 or'' before ``1383(a)(2)''.
1997--Subsec. (c)(2)(B)(ii). Pub. L. 105-34, Sec. 1090(b)(1)(A),
inserted at end ``With respect to an application for a social security
account number for an individual who has not attained the age of 18
before such application, such evidence shall include the information
described in subparagraph (C)(ii).''
Subsec. (c)(2)(C)(ii). Pub. L. 105-34, Sec. 1090(b)(1)(B), inserted
``the Commissioner of Social Security and'' after ``available to'' in
second sentence.
Subsec. (c)(2)(H). Pub. L. 105-34, Sec. 1090(b)(1)(C), added subpar.
(H).
1996--Subsec. (c)(2)(C)(vi). Pub. L. 104-193 inserted ``an agency
administering a program funded under part A of subchapter IV of this
chapter or'' before ``an agency operating'' and substituted ``part D of
such subchapter'' for ``part A or D of subchapter IV of this chapter''.
Subsec. (j)(1)(B). Pub. L. 104-121, Sec. 105(a)(2)(A), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
``In the case of an individual entitled to benefits based on disability,
if alcoholism or drug addiction is a contributing factor material to the
Commissioner's determination that the individual is under a disability,
certification of payment of such benefits to a representative payee
shall be deemed to serve the interest of such individual under this
subchapter. In any case in which such certification is so deemed under
this subparagraph to serve the interest of an individual, the
Commissioner of Social Security shall include, in such individual's
notification of entitlement, a notice that alcoholism or drug addiction
is a contributing factor material to the Commissioner's determination of
such individual's disability and that the Commissioner of Social
Security is therefore required to make a certification of payment of
such individual's benefits to a representative payee.''
Subsec. (j)(2)(C)(v). Pub. L. 104-121, Sec. 105(a)(2)(B),
substituted ``described in paragraph (1)(B)'' for ``entitled to benefits
based on disability, if alcoholism or drug addiction is a contributing
factor material to the Commissioner's determination that the individual
is under a disability''.
Subsec. (j)(2)(D)(ii)(II). Pub. L. 104-121, Sec. 105(a)(2)(C),
substituted ``described in paragraph (1)(B).'' for ``(if alcoholism or
drug addiction is a contributing factor material to the Commissioner's
determination that the individual is under a disability) is eligible for
benefits under this subchapter by reason of disability..''
Subsec. (j)(4)(A)(i)(II). Pub. L. 104-121, Sec. 105(a)(2)(D),
substituted ``described in paragraph (1)(B)'' for ``entitled to benefits
based on disability and alcoholism or drug addiction is a contributing
factor material to the Commissioner's determination that the individual
is under a disability''.
1994--Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary''.
Subsec. (b)(1), (2). Pub. L. 103-296, Sec. 107(a)(4), substituted
wherever appearing ``Commissioner of Social Security'' for
``Secretary'', ``Commissioner's'' for ``Secretary's'', ``the
Commissioner may'' for ``he may'', ``the Commissioner shall'' for ``he
shall'', and ``the Commissioner's'' for ``his'' except in the phrase
``his or her rights''.
Subsec. (b)(3)(A). Pub. L. 103-296, Sec. 321(a)(7), realigned
margin.
Subsec. (b)(3)(B). Pub. L. 103-296, Sec. 321(a)(7), realigned
margin.
Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of
Social Security'' for ``Secretary''.
Subsec. (c)(1)(D)(i). Pub. L. 103-296, Sec. 321(c)(6)(B),
substituted ``Code of 1986'' for ``Code of 1954''.
Subsec. (c)(2)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' in two places and
``the Commissioner deems'' for ``he deems''.
Subsec. (c)(2)(B)(i). Pub. L. 103-296, Sec. 304(a)(1), substituted
``(F)'' for ``(E)'' in introductory provisions.
Pub. L. 103-296, Sec. 107(a)(4), substituted ``In carrying out the
Commissioner's duties'' for ``In carrying out his duties'' in
introductory provisions and ``Commissioner of Social Security'' for
``Secretary'' wherever appearing.
Subsec. (c)(2)(B)(ii). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary''.
Subsec. (c)(2)(B)(iii). Pub. L. 103-296, Sec. 321(a)(8), substituted
``nonpublic'' for ``non-public''.
Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of
Social Security'' for ``Secretary''.
Subsec. (c)(2)(C)(i), (ii). Pub. L. 103-296, Sec. 107(a)(4),
substituted ``Commissioner of Social Security'' for ``Secretary''
wherever appearing.
Subsec. (c)(2)(C)(iii). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated the cl. (iii) as added by Pub. L. 101-624, Sec. 2201(b)(3),
as cl. (iv).
Pub. L. 103-296, Sec. 316(a), amended cl. (iii) as added by Pub. L.
101-624, Sec. 1735(a)(3), by inserting subcl. (I) designation before
``In the administration'' and by substituting subcls. (II) to (IV) for
``The Secretary of Agriculture shall restrict, to the satisfaction of
the Secretary of Health and Human Services, access to social security
account numbers obtained pursuant to this clause only to officers and
employees of the United States whose duties or responsibilities require
access for the administration or enforcement of the Food Stamp Act of
1977. The Secretary of Agriculture shall provide such other safeguards
as the Secretary of Health and Human Services determines to be necessary
or appropriate to protect the confidentiality of the social security
account numbers.''
Subsec. (c)(2)(C)(iii)(III), (IV). Pub. L. 103-296, Sec. 107(a)(1),
in cl. (iii) as amended by Pub. L. 103-296, Sec. 316(a), substituted
``Commissioner of Social Security'' for ``Secretary of Health and Human
Services''.
Subsec. (c)(2)(C)(iv). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated the cl. (iii) as added by Pub. L. 101-624, Sec. 2201(b)(3),
as cl. (iv). Former cl. (iv) redesignated (v).
Pub. L. 103-296, Sec. 107(a)(1), in cl. (iv) as redesignated by Pub.
L. 103-296, Sec. 321(a)(9)(B), substituted ``Commissioner of Social
Security'' for ``Secretary of Health and Human Services'' in two places.
Subsec. (c)(2)(C)(v). Pub. L. 103-296, Sec. 321(a)(9)(B), (C),
redesignated cl. (iv) as (v), and substituted ``policy set forth in
clause (i)'' for ``policy set forth in subclause (I) of clause (i)'' and
``clause (ii)'' for ``subclause (II) of clause (i)''. Former cl. (v)
redesignated (vi).
Subsec. (c)(2)(C)(vi). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated cl. (v) as (vi). Former cl. (vi) redesignated (vii).
Subsec. (c)(2)(C)(vii). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated cl. (vi) as (vii). Former cl. (vii) added by Pub. L. 101-
624, Sec. 1735(b), redesignated (viii).
Pub. L. 103-296, Sec. 321(a)(9)(A), struck out cl. (vii) added by
Pub. L. 101-624, Sec. 2201(c), which was substantially identical to the
cl. (vii) added by Pub. L. 101-624, Sec. 1735(b).
Subsec. (c)(2)(C)(viii). Pub. L. 103-296, Sec. 321(a)(9)(B), (D),
redesignated the cl. (vii) added by Pub. L. 101-624, Sec. 1735(b), as
(viii) and inserted ``a social security account number or'' before ``a
request for'' in subcl. (IV).
Subsec. (c)(2)(C)(ix). Pub. L. 103-296, Sec. 318, added cl. (ix).
Pub. L. 103-296, Sec. 107(a)(1), amended cl. (ix) as added by Pub.
L. 103-296, Sec. 318, by substituting ``Commissioner of Social
Security'' for ``Secretary of Health and Human Services'' in two places.
Subsec. (c)(2)(D)(i)(I), (II). Pub. L. 103-296, Sec. 107(a)(4),
substituted ``Commissioner of Social Security'' for ``Secretary''.
Subsec. (c)(2)(E). Pub. L. 103-296, Sec. 304(a)(3), added subpar.
(E). Former subpar. (E) redesignated (F).
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (E) added by Pub. L.
103-296, Sec. 304(a)(3), substituted ``Commissioner of Social Security''
for ``Secretary''.
Subsec. (c)(2)(F), (G). Pub. L. 103-296, Sec. 304(a)(2),
redesignated subpars. (E) and (F) as (F) and (G), respectively.
Pub. L. 103-296, Sec. 107(a)(4), in subpars. (F) and (G) as
redesignated by Pub. L. 103-296, Sec. 304(a)(2), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever
appearing.
Subsec. (c)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner's'' for ``Secretary's'' and ``Commissioner of Social
Security'' for ``Secretary''.
Subsec. (c)(4). Pub. L. 103-296, Sec. 107(a)(4), in introductory
provisions, substituted ``Commissioner of Social Security'' for
``Secretary'' and substituted ``the Commissioner's'' for ``his''
wherever appearing, in subpars. (A) and (B), substituted
``Commissioner's'' for ``Secretary's'', and in subpar. (C), substituted
``Commissioner's records as'' for ``Secretary's records as'',
``Commissioner of Social Security'' for ``Secretary'', and ``the
Commissioner's records the'' for ``his records the''.
Subsec. (c)(5). Pub. L. 103-296, Sec. 107(a)(4), in introductory
provisions substituted ``Commissioner of Social Security'' for
``Secretary'' and substituted ``the Commissioner's'' for ``his'' in two
places.
Subsec. (c)(5)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner's'' for ``Secretary's'' in two places.
Subsec. (c)(5)(F). Pub. L. 103-296, Sec. 107(a)(4), substituted
``the Commissioner's'' for ``his'' in introductory provisions,
``Commissioner of Social Security'' for ``Secretary'' in cl. (ii), and
``Commissioner's'' for ``Secretary's'' in closing provisions.
Subsec. (c)(5)(F)(i). Pub. L. 103-296, Sec. 321(c)(3), inserted ``or
the Internal Revenue Code of 1986'' after ``Code of 1954''.
Subsec. (c)(5)(G), (J), (6), (7). Pub. L. 103-296, Sec. 107(a)(4),
substituted ``Commissioner of Social Security'' for ``Secretary''
wherever appearing and ``the Commissioner's'' for ``his'' before
``records'' in two places in par. (7).
Subsec. (c)(8). Pub. L. 103-296, Sec. 206(a)(1)(B), added par. (8).
Former par. (8) redesignated (9).
Subsec. (c)(9). Pub. L. 103-296, Sec. 206(a)(1)(A), redesignated
par. (8) as (9).
Pub. L. 103-296, Sec. 107(a)(4), in par. (9) as redesignated by Pub.
L. 103-296, Sec. 206(a)(1)(A), substituted ``Commissioner of Social
Security'' for ``Secretary''.
Subsec. (d). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever
appearing, ``the Commissioner's'' for ``his'' before ``jurisdiction'',
and ``by the Commissioner'' for ``by him''.
Subsec. (e). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary''.
Subsec. (g). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever
appearing, ``the Commissioner's'' for ``his'' wherever appearing except
in second sentence, and ``the Commissioner files'' for ``he files''.
Subsec. (h). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever
appearing.
Subsec. (i). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever appearing
and ``Commissioner's'' for ``Secretary's''.
Subsec. (j). Pub. L. 103-296, Sec. 321(a)(10), made technical
amendment to heading.
Subsec. (j)(1). Pub. L. 103-296, Sec. 201(a)(1)(A), designated
existing provisions as subpar. (A), in last sentence inserted ``, if the
interest of the individual under this subchapter would be served
thereby,'' after ``payee or'', and added subpar. (B).
Pub. L. 103-296, Sec. 107(a)(4), in par. (1) as amended by Pub. L.
103-296, Sec. 201(a)(1)(A), substituted ``Commissioner of Social
Security'' for ``Secretary'' wherever appearing and ``Commissioner's''
for ``Secretary's'' in two places in subpar. (B).
Subsec. (j)(2)(A) to (C)(iv). Pub. L. 103-296, Sec. 107(a)(4),
substituted ``Commissioner of Social Security'' for ``Secretary''
wherever appearing.
Subsec. (j)(2)(C)(v). Pub. L. 103-296, Sec. 201(a)(2)(A), added cl.
(v).
Pub. L. 103-296, Sec. 107(a)(4), in cl. (v) as added by Pub. L. 103-
296, Sec. 201(a)(2)(A), substituted ``Commissioner's'' for
``Secretary's'' in introductory provisions and ``Commissioner of Social
Security'' for ``Secretary'' in subcl. (IV) and closing provisions.
Subsec. (j)(2)(D)(i). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' in two places.
Subsec. (j)(2)(D)(ii)(II). Pub. L. 103-296, Sec. 201(a)(1)(B),
substituted ``, under the age of 15 years, or (if alcoholism or drug
addiction is a contributing factor material to the Secretary's
determination that the individual is under a disability) is eligible for
benefits under this subchapter by reason of disability.'' for ``or under
the age of 15''.
Pub. L. 103-296, Sec. 107(a)(4), in subcl. (II) as amended by Pub.
L. 103-296, Sec. 201(a)(1)(B), substituted ``Commissioner's'' for
``Secretary's'' in two places.
Subsec. (j)(2)(D)(iii), (E), (3)(A), (B), (D), (E). Pub. L. 103-296,
Sec. 107(a)(4), substituted ``Commissioner of Social Security'' for
``Secretary'' wherever appearing and ``Commissioner's'' for
``Secretary's'' in par. (2)(E)(i) and (ii).
Subsec. (j)(4)(A). Pub. L. 103-296, Sec. 201(a)(2)(B)(i), designated
existing provisions as cl. (i), redesignated former cls. (i) and (ii) as
subcls. (I) and (II), respectively, added new subcl. (II) and struck out
former subcl. (II) (as redesignated) which read ``$25.00 per month.'',
inserted ``The Secretary shall adjust annually (after 1995) each dollar
amount set forth in subclause (II) under procedures providing for
adjustments in the same manner and to the same extent as adjustments are
provided for under the procedures used to adjust benefit amounts under
section 415(i)(2)(A) of this title, except that any amount so adjusted
that is not a multiple of $1.00 shall be rounded to the nearest multiple
of $1.00.'' before ``Any agreement'' in concluding provisions, and added
cl. (ii).
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (A) as amended by Pub.
L. 103-296, Sec. 201(a)(2)(B)(i), substituted ``Commissioner's'' for
``Secretary's'' and ``Commissioner of Social Security'' for
``Secretary''.
Subsec. (j)(4)(B). Pub. L. 103-296, Sec. 201(a)(2)(B)(ii), in
introductory provisions, inserted ``State or local government agency
whose mission is to carry out income maintenance, social service, or
health care-related activities, any State or local government agency
with fiduciary responsibilities, or any'' after ``means any'',
substituted ``representative payee, if such agency,'' for
``representative payee and which,'', substituted a period for ``, and''
at end of cl. (ii), and struck out cl. (iii) which read as follows:
``was in existence on October 1, 1988.''
Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of
Social Security'' for ``Secretary'' wherever appearing.
Subsec. (j)(4)(D). Pub. L. 103-296, Sec. 201(a)(2)(B)(iii), struck
out subpar. (D) which read as follows: ``This paragraph shall cease to
be effective on July 1, 1994.''
Subsec. (j)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever
appearing.
Subsec. (j)(6). Pub. L. 103-296, Sec. 321(f)(2)(A), made technical
correction to Pub. L. 101-508, Sec. 5105(d)(1)(A). See 1990 Amendment
note below.
Pub. L. 103-296, Sec. 107(a)(4), in par. (6) as amended by Pub. L.
103-296, Sec. 321(f)(2)(A), substituted ``Commissioner of Social
Security'' for ``Secretary'' wherever appearing.
Subsec. (j)(7). Pub. L. 103-296, Sec. 201(a)(2)(C), added par. (7).
Subsec. (k). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary''.
Subsec. (l). Pub. L. 103-296, Sec. 107(a)(2), (4), substituted
``Commissioner of Social Security'' for ``Secretary'', ``Social Security
Administration'' for ``Department of Health and Human Services'', ``by
the Commissioner'' for ``by him'', ``upon the Commissioner'' for ``upon
him'', and ``the Commissioner's'' for ``his''.
Subsec. (n). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security may, in the Commissioner's
discretion'' for ``Secretary may, in his discretion''.
Subsec. (p)(1), (2). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever
appearing, ``the Commissioner's'' for ``Secretary's'' in par. (1), and
``to the Commissioner'' for ``to him'' in par. (2).
Subsecs. (q), (r). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' wherever
appearing, ``the Commissioner finds'' for ``he finds'' in subsec.
(q)(2), and ``the Commissioner may'' for ``he may'' in subsec. (q)(3).
Subsec. (s). Pub. L. 103-296, Sec. 321(a)(11), made technical
amendment to heading.
Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of
Social Security'' for ``Secretary'' in two places in introductory
provisions.
Subsec. (t). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary'' in closing
provisions.
Subsec. (u). Pub. L. 103-296, Sec. 206(d)(1), added subsec. (u).
Pub. L. 103-296, Sec. 107(a)(4), in subsec. (u) added by Pub. L.
103-296, Sec. 206(d)(1), substituted ``Commissioner of Social Security''
for ``Secretary'' wherever appearing.
1990--Subsec. (b)(3). Pub. L. 101-508, Sec. 5107(a)(1), added par.
(3).
Subsec. (c)(2)(C). Pub. L. 101-624, Secs. 1735(a), (b), 2201(b),
(c), made similar amendments redesignating subcls. (I) and (II) of
former cl. (i) as cls. (i) and (ii), respectively, adding two cls. (iii)
which are different, redesignating former cls. (ii) to (iv) as (iv) to
(vi), respectively, and adding two substantially identical cls. (vii).
Cls. (iii) and (vii), as added by Sec. 1735 of Pub. L. 101-624, are set
out first and cls. (iii) and (vii), as added by Sec. 2201 of Pub. L.
101-624, are set out second.
Subsec. (j). Pub. L. 101-508, Sec. 5105(a)(1)(A), inserted heading
``Representative payees''.
Subsec. (j)(1). Pub. L. 101-508, Sec. 5105(a)(1)(A), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ``When it
appears to the Secretary that the interest of an applicant entitled to a
payment would be served thereby, certification of payment may be made,
regardless of the legal competency or incompetency of the individual
entitled thereto, either for direct payment to such applicant, or for
his use and benefit to a relative or some other person.''
Subsec. (j)(2). Pub. L. 101-508, Sec. 5105(a)(2)(A)(i), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ``Any
certification made under paragraph (1) for payment to a person other
than the individual entitled to such payment must be made on the basis
of an investigation, carried out either prior to such certification or
within forty-five days after such certification, and on the basis of
adequate evidence that such certification is in the interest of the
individual entitled to such payment (as determined by the Secretary in
regulations). The Secretary shall ensure that such certifications are
adequately reviewed.''
Subsec. (j)(3)(B), (C). Pub. L. 101-508, Sec. 5105(b)(1)(A)(i),
(ii), redesignated subpars. (C) and (D) as (B) and (C), respectively,
and struck out former subpar. (B) which read as follows: ``Subparagraph
(A) shall not apply in any case where the other person to whom such
payment is made is a parent or spouse of the individual entitled to such
payment who lives in the same household as such individual. The
Secretary shall require such parent or spouse to verify on a periodic
basis that such parent or spouse continues to live in the same household
as such individual.''
Subsec. (j)(3)(D). Pub. L. 101-508, Sec. 5105(b)(1)(A)(ii), (iii),
redesignated subpar. (E) as (D) and substituted ``(A), (B), and (C)''
for ``(A), (B), (C), and (D)''. Former subpar. (D) redesignated (C).
Subsec. (j)(3)(E), (F). Pub. L. 101-508, Sec. 5105(b)(1)(A)(ii),
(iv), added subpars. (E) and (F) and redesignated former subpar. (E) as
(D).
Subsec. (j)(4). Pub. L. 101-508, Sec. 5105(a)(3)(A)(i), added par.
(4). Former par. (4) redesignated (5).
Subsec. (j)(5). Pub. L. 101-508, Sec. 5105(c)(1), added par. (5)
relating to negligent failure of the Secretary to investigate or
monitor. Former par. (5), relating to annual report, redesignated (6).
Pub. L. 101-508, Sec. 5105(a)(3)(A)(i), redesignated par. (4),
relating to annual report, as (5).
Subsec. (j)(6). Pub. L. 101-508, Sec. 5105(d)(1)(A), as amended by
Pub. L. 103-296, Sec. 321(f)(2)(A), amended par. (6) generally. Prior to
amendment, par. (6) read as follows:
``(A) The Secretary shall make an initial report to each House of
the Congress on the implementation of paragraphs (2) and (3) within 270
days after October 9, 1984.
``(B) The Secretary shall include as a part of the annual report
required under section 904 of this title, information with respect to
the implementation of paragraphs (2) and (3), including the number of
cases in which the payee was changed, the number of cases discovered
where there has been a misuse of funds, how any such cases were dealt
with by the Secretary, the final disposition of such cases, including
any criminal penalties imposed, and such other information as the
Secretary determines to be appropriate.''
Pub. L. 101-508, Sec. 5105(c)(1), redesignated par. (5), relating to
annual report, as (6).
Subsec. (s). Pub. L. 101-508, Sec. 5109(a)(1), added subsec. (s).
1989--Subsec. (c)(5)(H). Pub. L. 101-239, Sec. 10304, struck out
``if there is an absence of an entry in the Secretary's records of wages
having been paid by such employer to such individual in such period''
before semicolon at end.
Subsec. (t). Pub. L. 101-239, Sec. 10303(a), added subsec. (t).
1988--Subsec. (c)(2)(B)(i). Pub. L. 100-647, Sec. 8009(a)(1),
inserted ``and subparagraph (E)'' after ``subparagraph (A)''.
Subsec. (c)(2)(C)(i). Pub. L. 100-485, Sec. 125(a)(1), designated
existing provisions as subcl. (I) and added subcl. (II).
Subsec. (c)(2)(C)(ii). Pub. L. 100-485, Sec. 125(a)(2), substituted
``subclause (I) of clause (i)'' for ``clause (i) of this subparagraph''
and inserted at end ``If and to the extent that any such provision is
inconsistent with the requirement set forth in subclause (II) of clause
(i), such provision shall, on and after October 13, 1988, be null, void,
and of no effect.''
Subsec. (c)(2)(C)(iii). Pub. L. 100-647, Sec. 8016(a)(1),
substituted ``of this Act'' for ``of the Social Security Act'', which
for purposes of codification was translated as ``of this chapter''.
Subsec. (c)(2)(D). Pub. L. 100-647, Sec. 8008(a)(2), added subpar.
(D). Former subpar. (D) redesignated (E).
Subsec. (c)(2)(E). Pub. L. 100-647, Sec. 8009(a)(3), added subpar.
(E). Former subpar. (E) redesignated (F).
Pub. L. 100-647, Sec. 8008(a)(1), redesignated former subpar. (D) as
(E).
Subsec. (c)(2)(F). Pub. L. 100-647, Sec. 8009(a)(2), redesignated
former subpar. (E) as (F).
Subsec. (p)(1). Pub. L. 100-647, Sec. 8015(a)(1), substituted ``the
Secretary shall not make determinations as to the amounts of
remuneration for such service, or the periods in which or for which such
remuneration was paid'' for ``the Secretary shall not make
determinations as to whether an individual has performed such service,
the periods of such service, the amounts of remuneration for such
service which constitute wages under the provisions of section 409 of
this title, or the periods in which or for which such wages were paid''
and inserted at end ``Nothing in this paragraph shall be construed to
affect the Secretary's authority to determine under sections 409 and 410
of this title whether any such service constitutes employment, the
periods of such employment, and whether remuneration paid for any such
service constitutes wages.''
1986--Subsec. (c)(1)(D)(i). Pub. L. 99-509, Sec. 9002(c)(2)(A),
inserted ``(as in effect prior to December 31, 1986)''.
Subsec. (c)(5)(F)(iii). Pub. L. 99-509, Sec. 9002(c)(2)(B), inserted
``(as in effect prior to December 31, 1986)'' and ``(as so in effect)''.
1984--Subsec. (c)(5)(D). Pub. L. 98-369, Sec. 2663(a)(4)(A),
inserted ``of 1937 or 1974'' after ``Railroad Retirement Act'' in two
places.
Subsec. (c)(5)(I). Pub. L. 98-369, Sec. 2663(a)(4)(B), inserted ``or
section 7(b)(7) of the Railroad Retirement Act of 1974''.
Subsec. (e). Pub. L. 98-369, Sec. 2663(a)(4)(C), substituted ``an
order'' for ``on order''.
Subsec. (h). Pub. L. 98-369, Sec. 2663(a)(4)(D), substituted
``section 1331 or 1346 of title 28'' for ``section 24 of the Judicial
Code of the United States''.
Subsec. (i). Pub. L. 98-369, Sec. 2663(a)(4)(E), substituted ``the
Fiscal Service of the Department of the Treasury'' for ``the Division of
Disbursement of the Treasury Department''.
Subsec. (j). Pub. L. 98-460 designated existing provisions as par.
(1) and added pars. (2) to (4).
Subsec. (l). Pub. L. 98-369, Sec. 2663(j)(4), substituted
``Department of Health and Human Services'' for ``Federal Security
Agency''.
Subsec. (p)(1). Pub. L. 98-369, Sec. 2663(a)(4)(F), substituted
``section 3122 of the Internal Revenue Code of 1954'' for ``section
1420(e) of the Internal Revenue Code of 1939''.
Subsec. (r)(4). Pub. L. 98-369, Sec. 2661(h)(1), substituted
``subparagraphs (A) and (B) of paragraph (3)'' for ``paragraph (3)(A)
and (B)''.
Subsec. (r)(7). Pub. L. 98-369, Sec. 2661(h)(2), substituted ``this
Act'' for ``the Act'' which was translated as ``this title''.
1983--Subsec. (b). Pub. L. 98-21, Secs. 301(d)(1), 309(i)(1), in
par. (1) inserted ``divorced husband,'' after ``husband,'', ``surviving
divorced husband,'' after ``widower,'', and ``surviving divorced
father,'' after ``surviving divorced mother,''.
Pub. L. 97-455 designated existing provisions as par. (1) and added
par. (2).
Subsec. (c)(1)(C). Pub. L. 98-21, Secs. 301(d)(2), 309(i)(2),
inserted ``surviving divorced husband,'' after ``wife,'' and ``surviving
divorced father,'' after ``surviving divorced mother,''.
Subsec. (c)(2)(D). Pub. L. 98-21, Sec. 345(a), added subpar. (D).
Subsec. (r). Pub. L. 98-21, Sec. 336, added subsec. (r).
1980--Subsec. (b). Pub. L. 96-265, Sec. 305(a), inserted provisions
relating to the information that must accompany a decision by the
Secretary.
Subsec. (g). Pub. L. 96-265, Sec. 307, substituted ``The court may,
on motion of the Secretary made for good cause shown before he files his
answer, remand the case to the Secretary for further action by the
Secretary, and it may at any time order additional evidence to be taken
before the Secretary, but only upon a showing that there is new evidence
which is material and that there is good cause for the failure to
incorporate such evidence into the record in a prior proceeding;'' for
``The court shall, on motion of the Secretary made before he files his
answer, remand the case to the Secretary for further action by the
Secretary, and may, at any time, on good cause shown, order additional
evidence to be taken before the Secretary,''.
1978--Subsec. (p)(3). Pub. L. 95-600 substituted ``Secretary of
Transportation'' for ``Secretary of the Treasury'' in two places.
1977--Subsec. (c)(1)(A). Pub. L. 95-216, Sec. 353(f)(2)(A), struck
out ``(as defined in section 411(e) of this title)'' after ``taxable
year''.
Subsec. (c)(1)(D). Pub. L. 95-216, Sec. 353(f)(2)(B), added subpar.
(D).
Subsec. (o). Pub. L. 95-216, Sec. 353(f)(2)(C), inserted ``before
1978'' after ``calendar year''.
1