TN 17 (11-23)

NL 00711.135 Reconsideration Paragraphs

7200. FOREIGN RECONSIDERATION PARAGRAPH

If you believe that this determination is not correct, you may request that your case be reexamined. If you want this reconsideration you must request it not later than 60 days from the date you receive this notice. You may make any such request through (a), (b), (c), (d) or (e) . If additional evidence is available, you should submit it with your request.

(a)

the nearest Social Security office.

(b)

the Social Security Administration, Post Office Box 17769, Baltimore, Maryland 21203.

(c)

the U.S. Veterans Administration, SSA Unit, 1131 Roxas Boulevard, Manila, Philippine Islands.

d)

American Embassy, Consular Section, Federal Benefits Unit, Athens, Greece.

(e)

the nearest United States Foreign Service post.

Please read the enclosed publication for a full explanation of your right to question the determination made on your claim.

NOTE TO TYPIST: When the last paragraph above is used, enclose SSA Publication No. 76-10058 (or current revision.)

7205.A PHILIPPINE HEARING PARAGRAPH

This action resulted from our reconsideration of your claim and replaces our previous determination.

7205.B ADDRESS, VARO, MANILA

If you believe that the Reconsideration Determination is not correct, you may request a hearing before an administrative law judge of the Office of Disability Adjudication and Review. However, since no provision has been made for hearings to be held outside the United States, you would have to come into the United States at your own expense; or, an administrative law judge would review your claim and make a decision on the basis of evidence already received plus any additional written evidence you may submit. If you desire a hearing or review by an administrative law judge, you must request it no later than 60 days from the date you received this notice. Address your request to the United States Veterans Administration, Social Security Administration Unit, 1131 Roxas Boulevard, Manila, Philippines. If additional evidence is available, you should submit it with your request.

7210. DEDUCTION FOR EXCESS EARNINGS

Section 203(b) of the Social Security Act provides that deductions shall be made from any payment or payments to which an individual is entitled until the total of such deduction equals the amount of their monthly benefit, if for the month in question, they are charged with excess earnings.

7212. PENALTY DEDUCTION

Section 203(g) of the Social Security Act provides that any individual in receipt of benefits subject to deductions under section 203(c) of the Act shall suffer a penalty deduction(s), if they fail to report the deduction event to the Social Security Administration prior to the receipt and acceptance of an insurance benefit for the second month following the month in which the deduction event occurred.

7214. LATE FILING OF ANNUAL REPORT PENALTY DEDUCTION

Section 203(h)(1) of the Social Security Act provides that if an individual is entitled to any monthly insurance benefits during any taxable year in which the amount of their earnings for social security purposes are in excess of the product of $   (a)   times the number of months   (b)   , the individual shall make a report to the Social Security Administration of their earnings for the taxable year. The report shall be made on or before the fifteenth day of the fourth month following the close of the year.

If the individual fails to make the report within the above time limit for any taxable year, and any deduction is imposed under section 203(b) of the Act be reason of their earnings for such year, they shall suffer a penalty deduction(s).

(a)

Use applicable “fill-in”

(b)

Show year involved

7216. “GOOD CAUSE” FOR FAILURE TO FILE REQUIRED REPORT

Section 203(1) of the Social Security Act provides that the failure of an individual to make the report required by section 203(g) or 203(h)(1) within the time limit shall not be regarded as a failure, if it is shown that the individual had good cause for failing to make the report in the given time period.

7218. RECOVERY AGAINST EQUITY AND GOOD CONSCIENCE (BOTH ENTITLEMENT AND DEDUCTION OVERPAYMENTS)

Section 204(b) of the Social Security Act provides that the Social Security Administration will not recover an overpayment from any person liable for the incorrect payment who is without fault, if recovery would defeat the purpose of Title II of the Social Security Act or would be against equity and good conscience.

7218.1 “WITHOUT FAULT” DEFINED IN ENTITLEMENT OVERPAYMENT

Section 404.507, Regulations No. 4 of the Social Security Administration provides that the word “fault” as used in the term “without fault” applies to the person who is liable, even though the Social Security Administration may have been at fault in making the overpayment.

What constitutes fault on the part of the overpaid individual depends on whether the facts show that overpayment resulted from:

(a)

An incorrect statement by the individual which they knew or should have known to be incorrect; or

(b)

A failure by the individual to furnish information which they knew or should have known to be material; or

(c)

The individual accepted a payment which they either knew or could have been expected to know was incorrect.

7218.2 DEFINES “DEFEAT THE PURPOSE OF TITLE II”

Section 404.508, Regulations No. 4 of the Social Security Administration provides that the term “Defeat the purpose of Title II” means to deprive a person of income required for ordinary and necessary living expenses.

7218.3 DEFINES “AGAINST EQUITY AND GOOD CONSCIENCE”

Section 404.509, Regulations No. 4 of the Social Security Administration provides that the term “Against equity and good conscience” means that recovery of the overpayment would be considered inequitable if, upon receipt of the overpaid benefit, the individual: (1) relinquished a valuable right, or (2) changed their position for the worse.

7218.4 DEFINES “WITHOUT FAULT” IN A DEDUCTION OVERPAYMENT

Section 404.510, Regulations No. 4 of the Social Security Administration provides that an individual is without fault when a deduction/overpayment occurs if it is shown that the overpaid individual's failure to report the event calling for a deduction, or their acceptance of the overpayment was due to one of the following circumstances:

7218.5 DEFINES “FAULT” IN A DEDUCTION OVERPAYMENT

Section 404.511, Regulations No. 4 of the Social Security Administration provides that an individual is at “fault” when a deduction-overpayment occurs and the Social Security Administration has evidence showing: (1) either a lack of good faith existed on the part of the overpaid individual, or (2) there was failure on their part to exercise a high degree of care in determining whether circumstances which might cause deductions from their benefits should have been brought to the attention of the Administration by an immediate report or by return of a benefit check.

7229. AFFIRMATION OF DISALLOWANCE—SOCIAL SECURITY ACT

Upon reconsideration, the disallowance of this claim is affirmed as being correct and in accordance with the law.

AUTHORITY: Social Security Act, as amended, . . . .

7230. AFFIRMATION OF DISALLOWANCE—LAW AND REGULATIONS

Upon reconsideration, the disallowance of this claim is affirmed as being correct and in accordance with the law and regulations.

AUTHORITY: Social Security Act, as amended, . . . .

7235. “A” ENTITLEMENT—INSURED STATUS, AGE, APPLICATION

Section 202(a) of the Social Security Act provides that retirement insurance benefits are payable to a person who is fully insured, has reached age 62, and has filed application for a monthly retirement insurance benefit.

7235.1 “B” ENTITLEMENT—INSURED STATUS, AGE, APPLICATION

Section 202(b) of the Social Security Act provides that a spouse's insurance benefit is payable to the spouse of an individual entitled to a retirement or disability insurance benefit, if the spouse has filed application for spouse's insurance benefits, and has attained age 62.

7235.2 “B2” (SPOUSE) — INSURED STATUS, AGE, APPLICATION, CHILD IN CARE

Section 202(b) of the Social Security Act provides that a spouse's insurance benefit is payable to the spouse of an individual entitled to a retirement or disability insurance benefit, if the spouse is under age 62, has filed application for spouse's insurance benefits, and has in their care, at the time of filing their application, a child entitled to child's insurance benefits on the basis of their spouse's earnings.

7235.3 DIVORCED SPOUSE—INSURED STATUS, AGE, APPLICATION, SUPPORT

Section 202(b) of the Social Security Act provides that a divorced spouse of an individual entitled to retirement or disability insurance benefits shall be entitled to spouse's insurance benefits if: (a) they have filed application for spouse's insurance benefits, (b) they have attained age 62, (c) they are not married and (d) they were receiving at least one-half of their support from the insured individual, or they were receiving substantial contributions from the insured individual (pursuant to a written agreement), or there was in effect a court order for substantial contributions to them support from the insured individual.

The support requirement must be met:

1. (1) 

   At the beginning of the insured individual's period of disability; or

2. (2) 

   At the time they became entitled to disability or retirement insurance benefits.

Effective January 1973, the one-half support provision no longer applies.

7235.4 “B1” ENTITLEMENT—INSURED STATUS, AGE, APPLICATION, SUPPORT

Section 202(c)(1) of the Social Security Act provides that the spouse of an individual entitled to retirement or disability insurance benefits, shall be entitled to spouse's insurance benefits, if they have filed application for spouse's insurance benefits, have reached age 62, and were receiving at least one-half of their support from the insured individual at one of the following times: At the beginning of their period of disability, or at the time they became entitled to disability or retirement insurance benefits.

Effective March 1977, the one-half support provision no longer applies.

7235.5 CHILD — INSURED STATUS, AGE, APPLICATIONS, MARITAL STATUS, DEPENDENCY

Section 202(d)(1) of the Social Security Act provides that a child of an individual entitled to retirement or disability insurance benefits or an individual who died fully or currently insured, shall be entitled to child's insurance benefits if the child (a) has filed application for child's insurance benefits, (b) at the time the application was filed was not married, and either had not attained age 18 or was a full-time student and had not attained age 19, or is under a disability as defined by the Act which began before he reached age 22 and (c) was dependent upon the insured individual at one of the following times:

1. (1) 

   At the time the child's application was filed; or

2. (2) 

   At the beginning of the insured individual's disability; or

3. (3) 

   At the time the insured individual became entitled to disability insurance benefits.

7235.6 STUDENT — INSURED STATUS, AGE, APPLICATION, EDUCATIONAL INSTITUTION

Section 202(d)(6) of the Social Security Act, as applicable, states that an individual is eligible for student benefits if the individual:

• •

  meets the requirements for child’s benefits;

• •

  has attained the age of 18; and

• •

  is a full-time elementary or secondary school student and has not attained age 19.

7235.7 “D” (WIDOW) ENTITLEMENT—INSURED STATUS, AGE, APPLICATION

Section 202(e) and 227 of the Social Security Act provides that the widow of an individual who died fully or transitionally insured shall be entitled to widow's insurance benefits if they: (a) are unmarried unless they remarried after attaining age 60, (b) have attained age 60, or have attained age 50 but not age 60 and are under a disability as defined in the Act and (c) have filed application for widow's insurance benefits.

7235.8 SURVIVING DIVORCED SPOUSE—INSURED STATUS, AGE, APPLICATION, SUPPORT — NO CHILD

Section 202(e) of the Social Security Act provides that a surviving divorced spouse of an individual who died fully insured shall be entitled to widow's insurance benefits if the surviving divorced spouse: (a) is unmarried, (b) has attained age 60 or has attained age 50 but not age 60 and is under a disability as defined by the Act, (c) has filed an application for widow's insurance benefits, or was entitled, after attainment of age 62, to spouse's insurance benefits, on this insured individual's earnings for the month before the month in which they died, or was entitled on this insured individual's earnings to parent's insurance benefits for the month before the month in which they attained age 62.

The surviving divorced spouse who was not entitled to a benefit specified in item (c) at the time indicated, must have been receiving at least one-half of their support from the insured individual or receiving substantial contributions from them (pursuant to a written agreement), or there was in effect a court order for substantial contributions to them support from the insured individual, at one of the following times: (1) At the time of their death, or (2) At the time they became entitled to retirement or disability insurance benefits or (3) At the time their period of disability began.

Beginning January 1973, the one-half support requirement no longer applies.

7235.9 WIDOWER—INSURED STATUS, AGE, APPLICATION, SUPPORT

Section 202(f) of the Social Security Act provides that the widower of a fully insured individual shall be entitled to widower's insurance benefits if they: (a) have not remarried prior to age 60, (b) have attained age 60 or age 50 but not age 60 and is under a disability as defined in the Act, (c) have filed an application for widower's insurance benefits or were entitled to spouse's insurance benefits on the basis of this insured individual's earnings the month before the month this insured individual died and (d) were receiving at least one-half of the individual's support from them at one of the following times: (1) At the time of their death, (2) At the time of their entitlement to a retirement or disability insurance benefit or (3) At the time their period of disability began.

Effective March 1977, the one-half support requirement need not be met.

7235.10 “E” (PARENT) — INSURED STATUS, AGE, APPLICATION, NONENTITLEMENT RIB, CHILD IN CARE

Section 202(g) of the Social Security Act provides that the widow of an individual who died a fully or transitionally insured individual shall be entitled to mother's insurance benefits if they: (a) are not married, (b) are not entitled to widow's insurance benefits, (c) are not entitled to retirement insurance benefits or are entitled to retirement insurance benefits each of which is less than three-fourths of the deceased insured individual's primary insurance amount, (d) have filed an application for mother's insurance benefits based on this deceased insured individual's earnings for the month before the month in which they died, and (e) at the time of filing the application, they have in their care a child of the deceased insured individual entitled to a child's insurance benefit.

7235.11 SURVIVING DIVORCED PARENT—INSURED STATUS, APPLICATION, NONENTITLEMENT RIB, CHILD IN CARE, SUPPORT

Section 202(g) of the Social Security Act provides that a surviving divorced spouse of an individual who died a fully or currently insured individual shall be entitled to mother's insurance benefits if the surviving divorced spouse: (a) is not married, (b) is not entitled to widow's insurance benefits, (c) is not entitled to retirement insurance benefits or is entitled to retirement insurance benefits each of which is less than three-fourths of the deceased insured individual's primary insurance amount, (d) has filed an application for mother's insurance benefits or was entitled to spouse's insurance benefits based on this deceased insured individual's earnings for the month before the month in which they died, (e) at the time of filing the application, they have in their care a child of the deceased insured individual entitled to a child's insurance benefit and (f) at the time of the insured individual's death or at the beginning of their period of disability:

1. 1. 

   They were receiving at least one-half of their support from insured individual; or

2. 2. 

   They were receiving substantial contributions from insured individual (pursuant to a written agreement); or

3. 3. 

   There was a court order for substantial contributions to them support from insured individual.

   Effective January 1973, the one-half support requirement no longer applies.

7235.12 PARENT—INSURED STATUS, AGE, APPLICATION, SUPPORT

Section 202(h) of the Social Security Act provides that a parent of an individual who died fully insured or who died and was entitled to disability insurance benefits, shall be entitled to parent's insurance benefits if: (1) The parent has filed an application, (2) has reached age 62, (3) was receiving at least one-half support from the insured individual at the time the period of disability began or at the time of the insured's death and (4) has not married since the insured individual died.

7236. LUMP-SUM DEATH PAYMENT—AMOUNT

Section 202(i) of the Social Security Act provides that upon the death of an insured individual an amount equal to three times the insured individual's primary insurance amount or an amount equal to $255, whichever is smaller, shall be paid in a lump sum to the entitled individual.

7236.1 LUMP-SUM DEATH PAYMENT TO SPOUSE

Section 202(i) of the Social Security Act provides that upon the death of an insured individual a lump-sum shall be paid to the insured individual's widow or widower if they were living in the same household at the time of the insured individual's death.

7236.2 LUMP-SUM DEATH PAYMENT—EQUITABLY ENTITLED PERSON

Section 202(i) of the Social Security Act provides that upon the death of an insured individual a lump-sum amount shall be paid to the funeral home(s) if all or part of the burial expenses of the insured individual by or through the funeral home(s) remains unpaid, and the lump-sum amount cannot be paid to an entitled widow or widower:

If all the burial expenses incurred by or through a funeral home(s) have been paid, then the lump sum shall be paid to any person(s) equitably entitled, to the extent and in proportions that they paid the burial expense.

If any part of the lump-sum payment remains unpaid after reimbursement of the funeral home expenses, the remainder shall be paid to the person(s) equitably entitled to the extent and in proportions they paid the other expenses in connection with the burial of the insured individual in the following order of priority: (a) Expenses of opening or closing the grave, (b) expenses of providing the burial plot and (c) any remaining expenses, in connection with burial of the insured individual.

7237. WAGE EARNER DEPORTED

Section 202(n) of the Social Security Act provides that if any individual is deported after September 1, 1954, under paragraph (1), (2), (4), (5), (6), (7), (10), (11), (12), (14), (15), (16), (17) or (18) of section 241(a) of the Immigration and Nationality Act, no monthly benefits shall be paid to the deported individual on the basis of their wages or self-employment income for any month occurring (1) after the month in which the Secretary of Health and Human Services is notified by the United States Attorney General that the individual has been deported and (2) before the month in which the individual is later lawfully admitted to the United States for permanent residence.

7239. 7-DAY WORK TEST

Section 203(c) of the Social Security Act provides that deductions shall be made from any payment or payments under Title II of the Act to which the individual is entitled, until the total of the deductions equals the individual's monthly benefit amount under Section 202 of the Act. This shall apply to any month in which the individual receiving the benefit payment is under the age of 72 and, on seven or more different calendar days, be engaged in noncovered remunerative activity outside the United States.

7239.1 7-DAY WORK TEST FOR AUXILIARY WHEN WAGE EARNER IS WORKING

Section 203(d) of the Social Security Act provides that deductions shall be made from any spouse's or child's insurance benefit payable, under Title II of the Act, for any month in which the insured individual is under age 72 and on seven or more different calendar days, be engaged in noncovered remunerative activity outside the United States.

7239.2 DEFINITION OF NONCOVERED REMUNERATIVE ACTIVITY

Section 203(k) of the Act provides that an individual shall be considered to be engaged in noncovered remunerative activity outside the United States, if they perform service outside the United States as an employee and such services do not constitute employment as defined in Section 210 of the Act, or if they carried on a trade or business other than performance of service as an employee outside the United States, the net income or loss of which: (1) is not includable in computing their net earnings from self-employment for a taxable year, and (2) would not be excluded from net earnings from self-employment, if carried on in the United States.

7242. AUTHORITY FOR RULES AND REGULATIONS

Section 205(a) of the Act gives to the Secretary of Health and Human Services full power and authority to make rules and regulations and to establish necessary or appropriate procedures to carry out the provisions of the Act.

7243. ALLEGED EARNINGS NOT POSTED

Section 205(c) of the Act provides that the Social Security Administration's records are evidence of wages paid to an individual and for the period in which the wages were paid. The absence of an entry is considered evidence that no wages were paid during that period. However, the records may be corrected if the Secretary of Health and Human Services is notified that an entry or the lack of an entry is in error and proof of the wages is submitted.

7244. DETERMINATIONS OF MILITARY SERVICE TO BE MADE BY SERVICE DEPARTMENT

Section 205(p) of the Act provides that with respect to Military Service, the Secretary of Health and Human Services shall not make determinations as to whether an individual has performed such service, or the periods of service, but shall accept the determinations of the appropriate Military Service department. Such determinations shall be final and conclusive.

7245. AGRICULTURAL LABOR BEFORE 1951

Section 209(b) of the Act, as it existed prior to 1951, provides that service performed in agricultural labor before 1951 cannot be considered “employment” for social security purposes.

7246. FEDERAL EMPLOYMENT PRIOR TO 1951

Section 209(b) of the Act, as it existed prior to 1951, provides that service before 1951 in the employ of the United States Government, or any of its agencies cannot be considered “employment” for Social Security purposes.

7247. EXCLUSION OF REMUNERATION PAID PRIOR TO 1937 FROM DEFINITION OF WAGES

Section 209(a)(7) of the Act, prior to 1951, provides that the term “wage” means all remuneration for employment, including the cash value of all remuneration paid in any medium other than cash, except that such terms shall not include any remuneratives paid to an individual prior to January 1, 1937.

7248. GENERAL — FOR NONCOVERED EMPLOYMENT AFTER 1950 — NEEDS TYPE OF SERVICE TO BE ADDED BY REVIEWER

Section 210(a) of the Act provides, in part, that the term “employment” means any service, of whatever nature, performed after 1950 by an employee for the person employing them irrespective of the citizenship or residence of either within the United States or outside the United States, by a citizen of the United States as an employee of an American employer as defined in the Act, except such term shall not include...

7249. FEDERAL EMPLOYMENT COVERED BY ANOTHER FEDERAL RETIREMENT SYSTEM — AFTER 1950

Section 210(a) of the Act provides that service performed in the employ of the United States Government or any of its agencies cannot be considered “employment” for Social Security purposes if the service is covered by retirement system established by law of the United States.

7250. DEFINITION OF A QUARTER OF COVERAGE — WAGES

Section 213(a) defines a quarter of coverage as a calendar quarter in which a person was paid $50 or more in wages for employment covered by social security for the period 1937 through December 30, 1977. Effective January 1, 1978, a quarter of coverage is credited (up to a maximum of four) for each $250 in total earnings in a calendar year. A calendar quarter is the 3-month period ending March 31, June 30, September 30 or December 31 of any year after 1936.

7250.1 DEEMED QUARTERS OF COVERAGE FOR EACH $400 POSTED PRIOR TO 1951

Section 213(c) of the Act provides that, for purposes of section 214(a), an individual shall be deemed to have one quarter of coverage for each $400 of their total wages prior to 1951, if the individual is not fully insured under the provisions of sections 213(a) and 214(a) of the Act.

7252. INSURED STATUS

Section 214(a) of the Social Security Act provides that the term “fully insured individual” means any individual who had not less than one quarter of coverage (whenever acquired) for each calendar year elapsing after 1950 and before they attained age 62, or the year of their death, whichever occurred first, except in no case shall they be a fully insured individual with less than six quarters of coverage.

7252.1 CURRENTLY INSURED STATUS

Section 214(b) of the Act provides that a person is currently insured if they have credit for at least six quarters of coverage during the 13-quarter period ending with the quarter in which they died.

7255. DEFINITION OF SURVIVING DIVORCED SPOUSE

Section 216(d)(2) of the Social Security Act provides that the term “surviving divorced wife” means a person divorced from an individual who has died, but only if they had been married to the individual for a period of 20 years immediately before the date the divorce became effective.

The 1977 amendments modified the definition of surviving divorced spouse. Effective for benefits payable January 1979, in order for a claimant to be entitled as a surviving divorced spouse, the claimant must:

(a)

Be finally divorced from the wage earner (regardless of the date of the divorce); and

(b)

Have been married to the wage earner for a period of at least 10 years immediately before the date the divorce became final.

7256. DEFINITION OF DIVORCED SPOUSE

Section 216(d)(1) of the Act provides that the term “divorced wife” means a person divorced from an individual, but only if that person had been married to such individual for a period of 20 years immediately before the date the divorce became effective.

The 1977 amendments to the Social Security Act modified the definition of a divorced spouse. Effective for benefits payable January 1979, in order for a claimant to be entitled as a divorced spouse, the claimant must:

(a)

Be finally divorced from the wage earner (regardless of the date of the divorce); and

(b)

Have been married to the wage earner for a period of at least 10 years immediately before the date the divorce became final.

7257. DEFINITION OF SURVIVING DIVORCED PARENT

Section 216(d)(3) of the Act provides that the term “surviving divorced mother” means a person divorced from an individual who died, but only if: (1) They are the parent of their child, (2) They legally adopted their child while they were married to the individual who died and when the child was under age 18, (3) That individual legally adopted the child while that person was married to the individual and when the child was under age 18 or (4) They were married to the individual at the time both of them legally adopted a child under the age of 18.

7258. DETERMINING STATUS OF SPOUSE

Section 216(h) of the Act provides that an applicant is the spouse of an insured individual of the courts of the State in which the insured individual was domiciled at the time they filed the application would find that they and the insured individual were validly married at the time they filed the application, or if the courts would find that they had the same status with respect to taking intestate personal property of the insured individual as the insured individual's spouse. If the insured individual is not domiciled in any State, the laws that would be applied by the Courts of the District of Columbia shall be followed.

In any case where the individual is not (and is not deemed to be) the spouse of the insured individual, but it is established that they in good faith went through a marriage ceremony with the insured individual, the purported marriage shall be deemed a valid marriage for Social Security purposes if (1) The marriage would have been valid but for a legal impediment not known to them at the time of the ceremony, and (2) they and the insured individual were living in the same household at the time they filed the application for benefits.

7259. DETERMINING STATUS OF WIDOW

Section 216(h) of the Act provides that an applicant is the widow of an insured individual if the courts of the State, in which the insured individual was domiciled at the time of the insured individual's death, would find that they and the insured individual were validly married at the time of the insured individual's death, or the courts would find that they had the same status with respect to taking intestate personal property of the insured individual as the insured individual's widow. If the insured individual is not domiciled in any State, the laws that would be applied by the Courts of the District of Columbia shall be followed.

In any case where the individual is not (and is not deemed to be) the widow of the insured individual, but it is established that they in good faith went through a marriage ceremony with the insured individual, the purported marriage shall be deemed a valid marriage for Social Security purposes if: (1) The marriage would have been valid but for a legal impediment not known to them at the time of the ceremony, and (2) they and the insured individual were living in the same household at the time of the insured individual's death.

7262. MILITARY SERVICE—9/16/40-7/24/47

Section 217 of the Act provides that a veteran who served in the active military or naval service of the United States from September 16, 1940, through July 24, 1947, is considered to have been paid wages of $160 for each month or part of a month in which they had active service. A veteran was a member of the United States Army, Navy, Marine Corps or Coast Guard.

7262.1 MILITARY SERVICE—7/25/47-12/31/56

Section 217(e) of the Act provides that a veteran who served in the active military or naval service of the United States from July 25, 1947, through December 31, 1956, is considered to have been paid wages of $160 for each month or part of a month in which they had active service.

7262.2 MILITARY SERVICE—9/16/40-12/31/56

Section 217 of the Act provides that a veteran who served in the active military or naval service of the United States from September 16, 1940, through December 31, 1956, is considered to have been paid wages of $160 for each month or part of a month in which they had active service.

7262.3 MILITARY SERVICE — EFFECT ON SOCIAL SECURITY CREDIT WHEN USED BY ANOTHER FEDERAL AGENCY

Section 217 of the Act provides that this period of military or naval service cannot be used for Social Security purposes if a benefit, which is based on all or part of the period of service, is payable by another agency of the United States, other than the Veterans Administration.

7264. DISABILITY INSURED STATUS BEFORE AGE 24 OR BETWEEN AGES 24 AND 31

Section 223 of the Act provides that if a person's disability began before age 24, they need credit for six quarters of coverage during the 12-quarter period ending with the quarter they became disabled.

If a person's disability began between the ages of 24 and 31, they need credit for at least one-half of the calendar quarters after age 21 through the quarter before age 31 in which they became disabled.

7264.1 DISABILITY INSURED STATUS AT AGE 31 OR LATER

Section 223 of the Act provides that a person whose disability began at age 31 or later must meet two provisions of the earnings requirement. One, they need credit for 20 quarters of coverage (5 years work) during the 40-quarter (10-year) period ending in or after the quarter in which they became disabled. And second, they need credit for one calendar quarter of work for each year after 1950 (or after reaching age 21, if that is later), up to the year their disability began. In the second instance, the credits may have been earned at any time.

7265. ONE-HALF SUPPORT — WHEN RECEIVING, DEFINES SUPPORT, REASONABLE PERIOD

Regulations No. 4, section 404.366 of the Social Security Administration provides that, a person was receiving at least one-half of their support from the insured individual at a specified time, if the insured individual, for a reasonable period before the specified time, made regular contributions in cash or kind to the claimant's support. The amount of such contributions must equal or exceed one-half of the claimant's support during the reasonable period.

The term “support” includes food, shelter, clothing, ordinary medical expenses and other ordinary and customary items for maintenance of the claimant.

The term “contribution” means contribution actually provided by the contributor from their own property, or the use thereof, or by the use of their credit.

The term “reasonable period” ordinarily means a period of 12 months ending on a specific date.

7266. FAILURE TO SUBMIT EVIDENCE

Regulations No. 4 of the Social Security Administration, section 404.704, provides that a person must submit any necessary evidence to support their claim. Their failure to do so is a basis for determining that the conditions of entitlement for benefits have not been met.

7267. EVIDENCE OF AGE — (LISTING OF ACCEPTABLE DOCUMENTS NOT INCLUDED)

Regulations No. 4, section 404.716 of the Social Security Administration provides that, if an individual's age is a condition of entitlement or is otherwise relevant to the payment of a benefit, the individual shall submit a public record of birth or a church record of birth or baptism established or recorded before their fifth birthday, if available. Where such record is not available, the individual shall submit another document or documents which may serve as a basis for a determination of their date of birth provided such evidence is corroborated by other evidence or by information in the records of the Social Security Administration.

7268. EVIDENCE OF PARENT'S SUPPORT

Regulations No. 4 of the Social Security Administration, section 404.750, provides that a parent shall present evidence that they received at least one-half of their support from their child during the 1-year period immediately before the child's death.

7269. THE LIMITATION FOR REQUESTING RECONSIDERATION

Regulations No. 4, section 404.909 of the Social Security Administration provides that a request for reconsideration shall be made in writing and filed at an office of the Social Security Administration or if the person is outside the United States, with an American Embassy or consulate, within 60 days from the date of receipt of the notice of the initial determination.

7270. SHOW GOOD CAUSE FOR LATE FILING OF RECONSIDERATION REQUEST

Regulations No. 4, section 404.911 of the Social Security Administration provides that, for good cause shown, the party to an initial determination may file a request for reconsideration after the time for filing has passed.

7272. WHEN PRIOR DETERMINATION MAY BE REOPENED

Regulations No. 4, section 404.988 of the Social Security Administration provides that an initial, revised or reconsidered determination which is otherwise final may be reopened:

(a)

Within 12 months from the date of notice of the initial determination to the claimant, or

(b)

After the initial 12-month period, but within 4 years after the date of the notice of the initial determination to the claimant, upon a finding of good cause for reopening such determination, or

(c)

At any time when: (1) the initial, revised or reconsidered determination or decision was procured by fraud or similar fault of the claimant or some other person, or (2) an adverse claim has been filed against the same earnings record.

7272.1 WHEN “GOOD CAUSE” MAY BE DEEMED TO BE MET

Regulations No. 4, section 404.989 of the Social Security Administration provides that for the purposes of section 404.988, “good cause” shall be deemed to exist where:

(a)

New and material evidence is furnished;

(b)

A clerical error has been made in the computation or recomputation of benefits; or

(c)

There is an error as to such determination or decision on the face of the evidence on which the determination or decision is based.

7274. PHILIPPINE SCOUT DEFINED AS “VETERAN”

Section 404.1312, Regulations No. 4 of the Social Security Administration provides that the term “veteran” includes a member of the Philippine Scouts who performed active service under the direct supervision of recognized United States military authority.

7275. EVIDENCE OF MILITARY SERVICE

Regulations No. 4, section 404.1370 of the Social Security Administration provides, in part, that evidence of a veteran's military service can be among other things, certified statement from the appropriate branch of the Armed Forces setting forth the individual's history of military service.