-CITE-
42 USC Sec. 405 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE
BENEFITS

-HEAD-
Sec. 405. Evidence, procedure, and certification for payments

-STATUTE-
(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),

(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.

(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;

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

(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)

(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.

(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.

-SOURCE-
(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.)

-REFTEXT-
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.

-COD-
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.

-MISC1-
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