EVIDENCE, PROCEDURE, AND CERTIFICATION FOR PAYMENT[73]

SEC. 205. [42 U.S.C. 405] (a) 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 title, 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)[74](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 title. 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 title. 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 title 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 title 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 221.
(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 title of
choosing to reapply in lieu of requesting review of the determination.
(c)(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[75] or regulations thereunder (or
on reports filed by a State under section 218(e) (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)[76] 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 title IV 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[77] 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 and Nutrition Act of 2008 (7
U.S.C. 2018) involving the determination of the qualifications of applicants under such
Act, 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 and Nutrition Act of 2008 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 (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, 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. 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
the date of the enactment of this subparagraph[78] , 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 the date of the enactment of such
subclause[79], be null, void, and of no effect.
(vi)(I) For purposes of clause 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 above
and for the purpose of responding to requests for information from an agency
administering a program funded under part A of title IV or an agency operating
pursuant to the provisions of part D of such title.
(II) Any State or political subdivision thereof (and any person acting as an agent
of such an agency or instrumentality), in the administration of any driver’s license
or motor vehicle registration law within its jurisdiction, may not display a social
security account number issued by the Commissioner of Social Security (or any
derivative of such number) on any driver’s license, motor vehicle registration, or
personal identification card (as defined in section 7212(a)(2) of the 9/11
Commission Implementation Act of 2004), or include, on any such license,
registration, or personal identification card, a magnetic strip, bar code, or other
means of communication which conveys such number (or derivative thereof).
(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[80] 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, United States
Code, 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.
(x)[81] The Secretary of Health and Human Services, and the Exchanges
established under section 1311 of the Patient Protection and Affordable Care Act, are
authorized to collect and use the names and social security account numbers of
individuals as required to administer the provisions of, and the amendments made by,
the such Act.
(xi)[82] No Federal, State, or local agency may display the Social Security account
number of any individual, or any derivative of such number, on any check issued for
any payment by the Federal, State, or local agency.
(xii) No Federal, State, or local agency may employ, or enter into a contract for the
use or employment of, prisoners in any capacity that would allow such prisoners
access to the Social Security account numbers of other individuals. For purposes of
this clause, the term “prisoner” means an individual confined in a jail, prison, or other
penal institution or correctional facility pursuant to such individual’s conviction of a
criminal offense.[83]
(xiii)[84] The Secretary of Health and Human Services, in consultation with the
Commissioner of Social Security, shall establish cost-effective procedures to ensure
that a Social Security account number (or derivative thereof) is not displayed, coded,
or embedded on the Medicare card issued to an individual who is entitled to benefits
under part A of title XVIII or enrolled under part B of title XVIII and that any other
identifier displayed on such card is not identifiable as a Social Security account
number (or derivative thereof).
(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 the date of
the enactment of this subparagraph[85] is inconsistent with the policy set forth in
clause, such provision shall, on and after such date, 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 1141(h)(1)(B), 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 the date of the
enactment of this subparagraph[86] is inconsistent with the policy set forth in clause,
such provision shall, on and after that date, 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 title, 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 record 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 his 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 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 title;
(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 title 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 title 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 title when they should have been credited under the Railroad
Retirement Act of 1937 or 1974[87], 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 title;
(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[88], under subchapter E of chapter 1 or subchapter A of chapter 9
of the Internal Revenue Code of 1939[89], under chapter 2 or 21 of the Internal
Revenue Code of 1954 or the Internal Revenue Code of 1986[90], 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 218 or
regulations of the Commissioner of Social Security thereunder; or
(iii) assessments of amounts due under an agreement pursuant to section 218 (as in
effect prior to December 31, 1986), if such assessments are made within the period
specified in subsection (q) 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),
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 or
section 7(b)(7) of the Railroad Retirement Act of 1974[91]; 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))
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) 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 title shall not be
regarded as reliable for any purpose under this title unless the third party, under penalty or
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).
(d) For the purpose of any hearing, investigation, or other proceeding authorized or directed
under this title, or relative to any other matter within the Commissioner’s jurisdiction hereunder, the
Commissioner of Social Security shall have power to issue subpoenas 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. Subpoenas 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 subpoenaed shall be paid the same fees and mileage as are paid witnesses in the district courts
of the United States.
(e) 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.[92]]
(g) 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) hereof 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)
hereof, 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, in any case in which the Commissioner has not made a decision
fully favorable to the individual, 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) 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,
United States Code[93], to recover on any claim arising under this title.
(i) 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
title, 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[94], 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 or the Railroad
Retirement Act of 1974[95], (B) the wife or husband or divorced wife or divorced husband[96] 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,
and (D) any other person entitled to benefits under section 202 of this Act 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) 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.

Representative Payees
(j)(1)(A) If the Commissioner of Social Security determines that the interest of any individual
under this title would be served thereby, certification of payment of such individual’s benefit under
this title 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 807 or 1631(a)(2), 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 title
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.
(C)(i)[97] An individual who is entitled to or is an applicant for a benefit under this title,
title VIII, or title XVI, who has attained 18 years of age or is an emancipated minor, may, at
 any time, designate one or more other individuals to serve as a representative payee for
such individual in the event that the Commissioner of Social Security determines under
subparagraph (A) that the interest of such individual would be served by certification for
payment of such benefits to which the individual is entitled to a representative payee. If
the Commissioner of Social Security makes such a determination with respect to such
individual at any time after such designation has been made, the Commissioner shall—
(I) certify payment of such benefits to the designated individual, subject to the
requirements of paragraph (2); or
(II) if the Commissioner determines that certification for payment of such
benefits to the designated individual would not satisfy the requirements of
paragraph (2), that the designated individual is unwilling or unable to serve as
representative payee, or that other good cause exists, certify payment of such
benefits to another individual or organization, in accordance with paragraph (1).
(ii) An organization may not be designated to serve as a representative payee under
this subparagraph.
(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), 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 title, title VIII, or title XVI,
(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 208, 811, or 1632,
(IV) obtain information concerning whether such person has been convicted of
any other offense under Federal or State law which resulted in imprisonment for
more than 1 year,
(V) obtain information concerning whether such person is a person described
in section 202(x)(1)(A)(iv),
(VI) determine whether certification of payment of benefits to such person has
been revoked pursuant to this subsection or, the designation of such person as a
representative payee has been revoked pursuant to section 807(a), payment of
benefits to such person has been terminated pursuant to section 1631(a)(2)(A)
(iii) by reason of misuse of funds paid as benefits under this title or title XVI, and
(VII) determine whether such person has been convicted (and not
subsequently exonerated), under Federal or State law, of a felony provided under
clause (iv), or of an attempt or a conspiracy to commit such a felony.[98]
(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 807(a), or with respect to whom payment of benefits has
been terminated on or after such date pursuant to section 1631(a)(2)(A)(iii), by
reason of misuse of funds paid as benefits under this title, title VIII, or title XVI,
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 208, 811, or 1632.
(iii) Notwithstanding the provisions of section 552a of title 5, United States
Code[99], or any other provision of Federal or State law (other than section 6103 of
the Internal Revenue Code of 1986[100] and section 1106(c) of this Act), the
Commissioner shall furnish any Federal, State, or local law enforcement officer, upon
the written request of the officer, with the current address, social security account
number, and photograph (if applicable) of any person investigated under this
paragraph, if the officer furnishes the Commissioner with the name of such person
and such other identifying information as may reasonably be required by the
Commissioner to establish the unique identity of such person, and notifies the
Commissioner that—
(I) such person is described in section 202(x)(1)(A)(iv),
(II) such person has information that is necessary for the officer to conduct the
officer’s official duties, and
(III) the location or apprehension of such person is within the officer’s official
duties.
(iv)[101] The felony crimes provided under this clause, whether an offense under
State or Federal law, are the following:
(I) Human trafficking, including as prohibited under sections 1590 and 1591 of
title 18, United States Code.
(II) False imprisonment, including as prohibited under section 1201 of title 18,
United States Code.
(III) Kidnapping, including as prohibited under section 1201 of title 18, United
States Code.
(IV) Rape and sexual assault, including as prohibited under sections 2241,
2242, 2243, and 2244 of title 18, United States Code.
(V) First-degree homicide, including as prohibited under section 1111 of title 18,
United States Code.
(VI) Robbery, including as prohibited under section 2111 of title 18, United
States Code.
(VII) Fraud to obtain access to government assistance, including as prohibited
under sections 287, 1001, and 1343 of title 18, United States Code.
(VIII) Fraud by scheme, including as prohibited under section 1343 of title 18,
United States Code.
(IX) Theft of government funds or property, including as prohibited under
section 641 of title 18, United States Code.
(X) Abuse or neglect, including as prohibited under sections 111, 113, 114, 115,
116, or 117 of title 18, United States Code.
(XI) Forgery, including as prohibited under section 642 and chapter 25 (except
section 512) of title 18, United States Code.
(XII) Identity theft or identity fraud, including as prohibited under sections 1028
and 1028A of title 18, United States Code.
The Commissioner of Social Security may promulgate regulations to provide for
additional felony crimes under this clause.
 (v)(I)[102] For the purpose of carrying out the activities required under
subparagraph (B)(i) as part of the investigation under subparagraph (A)(i), the
Commissioner may conduct a background check of any individual seeking to serve as
a representative payee under this subsection and may disqualify from service as a
representative payee any such individual who fails to grant permission for the
Commissioner to conduct such a background check.
(II) The Commissioner may revoke certification of payment of benefits under
this subsection to any individual serving as a representative payee on or after
January 1, 2019 who fails to grant permission for the Commissioner to conduct
such a background check.
(C)[103](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)(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)(VI), the designation of such person as a representative payee
has been revoked pursuant to section 807(a), or payment of benefits to such
person pursuant to section 1631(a)(2)(A)(ii) has previously been terminated as
described in section 1631(a)(2)(B)(ii)(V),
(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,
(IV) such person has previously been convicted as described in subparagraph
(B)(i)(IV), unless the Commissioner determines that such certification would be
appropriate notwithstanding such conviction,
(V) such person is a person described in section 202(x)(1)(A)(iv),
(VI) except as provided in clause (vi), such person has previously been
convicted (and not subsequently exonerated) as described in subparagraph (B)(i)
(VII), or.
(VII)[104] such person’s benefits under this title, title VIII, or title XVI are
certified for payment to a representative payee during the period for which the
individual’s benefits would be certified for payment to another person.
(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 (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 (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 certified (as defined in
paragraph (10)),
(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.
(vi)(I)[105] With respect to any person described in subclause (II)—
(aa) subparagraph (B)(i)(VII) shall not apply; and
(bb) the Commissioner may grant an exemption from the provisions of
clause (i)(VI) if the Commissioner determines that such exemption is in the
best interest of the individual entitled to benefits.
(II) A person is described in this subclause if the person—
(aa) is the custodial parent of a minor child for whom the person applies to
serve;
(bb) is the custodial spouse of the beneficiary for whom the person applies
to serve;
(cc) is the custodial parent of a beneficiary who is under a disability (as
defined in section 223(d)) which began before the beneficiary attained the
age of 22, for whom the person applies to serve;
(dd) is the custodial court appointed guardian of the beneficiary for whom
the person applies to serve;
(ee) is the custodial grandparent of a minor grandchild for whom the
person applies to serve;
(ff) is the parent who was previously representative payee for his or her
minor child who has since turned 18 and continues to be eligible for such
benefit; or
(gg) received a presidential or gubernatorial pardon for the relevant
conviction.
(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 shall be for a period of not more than 1
month.
(II) Subclause 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), and to judicial review of the
Commissioner’s final decision as is provided in subsection (g).
(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 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 title 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)[106](i) Subparagraph (A) shall not apply in any case where the other person to
whom such payment is made is—
 (I) a parent, or other individual who is a legal guardian of, a minor child entitled
to such payment who primarily resides in the same household;
(II) a parent of an individual entitled to such payment who is under a disability
(as defined in section 223(d)) who primarily resides in the same household; or
(III) the spouse of the individual entitled to such payment.
(ii) The Commissioner of Social Security shall establish and implement procedures
as necessary for the Commissioner to determine the eligibility of such parties for the
exemption provided in clause (i). The Commissioner shall prescribe such regulations
as may be necessary to determine eligibility for such exemption.
(E) Notwithstanding subparagraphs (A), (B), (C), and (D), 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.
(F) In any case in which the person described in subparagraph (A) or (E) receiving
payments on behalf of another fails to submit a report required by the Commissioner of
Social Security under subparagraph (A) or (E), the Commissioner may, after furnishing
notice to such person and the individual entitled to such payment, require that such
person appear in person at a field office of the Social Security Administration serving the
area in which the individual resides in order to receive such payments.
(G) 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 807, or section 1631(a)(2), 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 807, or section 1631(a)(2).
(H) Each servicing office of the Administration shall maintain a list, which shall be
updated periodically, of public agencies and certified community-based nonprofit social
service agencies (as defined in paragraph (10) which are qualified to serve as
representative payees pursuant to this subsection or 807 or section 1631(a)(2) and which
are located in the area served by such servicing office.
(4)(A)(i) Except as provided in the next sentence, 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).
A qualified organization may not collect a fee from an individual for any month with respect to
which the Commissioner of Social Security or a court of competent jurisdiction has determined
that the organization misused all or part of the individual’s benefit, and any amount so
collected by the qualified organization for such month shall be treated as a misused part of the
individual’s benefit for purposes of paragraphs (5) and (6). The Commissioner 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 215(i)(2)(A), except that
any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple
of $1.00.
(ii) In the case of an individual who is no longer currently entitled to monthly
insurance benefits under this title 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).
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.
(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 certified community-based nonprofit social service
agency (as defined in paragraph (10)), 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 807 or section 1631(a)(2), concurrently to 5 or more individuals,
(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, United States Code, 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. In
any case in which a representative payee that—
(A) is not an individual (regardless of whether it is a “qualified organization” within the
meaning of paragraph (4)(B)); or
(B) is an individual who, for any month during a period when misuse occurs, serves 15 or
more individuals who are beneficiaries under this title, title VIII, title XVI, or any
combination of such titles;
misuses all or part of an individual’s benefit paid to such 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 the amount of such benefit
so misused. The provisions of this paragraph are subject to the limitations of paragraph (7)(B).
The Commissioner of Social Security shall make a good faith effort to obtain restitution from
the terminated representative payee.
(6)[107] In addition to such other reviews of representative payees as the Commissioner of
Social Security may otherwise conduct, the Commissioner shall provide for the periodic onsite
review of any person or agency located in the United States that receives the benefits payable
under this title (alone or in combination with benefits payable under title VIII or title XVI) to
another individual pursuant to the appointment of such person or agency as a representative
payee under this subsection, section 807, or section 1631(a)(2) in any case in which—
(i)[108] the representative payee is a person who serves in that capacity with
respect to 15 or more such individuals;
(ii) the representative payee is a certified community-based nonprofit social service
agency (as defined in paragraph (10) of this subsection or section 1631(a)(2)(I));
(iii) the representative payee is an agency (other than an agency described in
clause (ii)) that serves in that capacity with respect to 50 or more such individuals; or
(iv) the representative payee collects a fee for its services.
The Commissioner shall also conduct periodic onsite reviews of individual and organizational
payees, including payees who are related to the beneficiary and primarily reside in the same
household, selected on the basis of risk-factors for potential misuse or unsuitability associated
with such payees or beneficiaries.[109]
(C)(i)[110] The Commissioner of Social Security shall make annual grants directly to the
protection and advocacy system serving each of the States and the American Indian
consortium for the purpose of conducting reviews of representative payees in accordance
with this subparagraph. The total amount used by the Commissioner for such grants each
year—
(I) shall be an amount sufficient, as determined by the Commissioner in
consultation with each of the protection and advocacy systems, to carry out all of
the activities described in clause (ii); and
(II) shall not be less than $25,000,000.
(ii) A protection and advocacy system awarded a grant under this subparagraph
shall use the grant funds to—
(I) conduct all periodic onsite reviews pursuant to this paragraph and such
other reviews of representative payees as the Commissioner may request,
including reviews conducted in response to allegations or concerns about the
performance or suitability of the payee;
(II) conduct additional reviews that the protection and advocacy system has
reason to believe are warranted;
(III) develop corrective action plans to assist representative payees in
conforming to requirements specified by the Commissioner;
(IV) submit a report to the Commissioner on each completed review containing
such information as the Commissioner shall require; and
(V) conduct an initial onsite assessment of any organization that begins
collecting a fee for its services as a representative payee to ensure that such
organization is established as such a representative payee in accordance with
requirements specified by the Commissioner.
A protection and advocacy system may refer beneficiaries to other programs or
services as the protection and advocacy system considers appropriate.
(iii) To be eligible to receive grants under this section, a protection and advocacy
system shall submit an initial application to the Commissioner at such time, in such
form and manner, and accompanied by such information and assurances as the
Commissioner may require.
(iv)(I) Subject to subclause (II), the Commissioner shall ensure that any funds used
for grants under clause (i) shall be allocated to the protection and advocacy systems
serving each of the States and the American Indian consortium in a manner such that
the amount provided to each protection and advocacy system bears the same ratio to
the total of such funds as the number of represented beneficiaries in the State or
American Indian consortium in which such protection and advocacy system is located
bears to the total number of represented beneficiaries.
(II) The amount of an annual grant to a protection and advocacy system under
clause (i) shall—
(aa) in the case of a protection and advocacy system serving American
Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, or the American Indian consortium, not be less
than $30,000; and
(bb) in the case of a protection and advocacy system serving any other
State, not be less than $60,000.
(III) Funds provided to a protection and advocacy system through a grant under
clause (i) for a 1-year period shall remain available through the end of the
 following 1-year period.
(IV) For purposes of this clause, the term “represented beneficiary” means an
individual—
(aa) who is entitled to benefits under this title, title VIII, or title XVI; and
(bb) whose benefits have been certified for payment to a representative
payee.
(v)(I) The Commissioner shall make annual grants, in an amount equal to 4 percent
of the total amount of grants awarded each year under clause (i), to an eligible
national association for the provision of training and technical assistance,
administrative support, and data collection services to protection and advocacy
systems in connection with grants awarded under clause (i).
(II) In this clause, the term “eligible national association” means a national
disability association with extensive knowledge and demonstrated experience in
providing training, technical assistance, and administrative oversight to
protection and advocacy systems that monitor representative payees.
(vi) In conducting reviews under this section, a protection and advocacy system
shall have the same authorities, including access to records, facilities, and persons, as
such system would have for purposes of providing services under subtitle C of title I
of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15041 et seq.).
(vii) Whenever benefit amounts under this title are increased by any percentage
effective with any month after November 2018 as a result of a determination made
under section 215(i), each of the dollar amounts specified in clauses (i)(II) and (iv)(II)
shall be increased by the same percentage.
(viii) No additional funds are authorized to be appropriated to carry out the
requirements of this subparagraph. Such requirements shall be carried out using
amounts otherwise authorized.
(ix) In this subparagraph:
(I) The term “American Indian consortium” means a consortium established
under subtitle C of title I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.).[111]
(II) The term “protection and advocacy system” means a protection and
advocacy system established under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(III) The term “State” means the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(7)(A) If the Commissioner of Social Security or a court of competent jurisdiction determines
that a representative payee that is not a Federal, State, or local government agency has
misused all or part of an individual’s benefit that was paid to such representative payee under
this subsection, the representative payee shall be liable for the amount misused, and such
amount (to the extent not repaid by the representative payee) shall be treated as an
overpayment of benefits under this title to the representative payee for all purposes of this Act
and related laws pertaining to the recovery of such overpayments. Subject to subparagraph
(B), upon recovering all or any part of such amount, the Commissioner shall certify an amount
equal to the recovered amount for payment to such individual or such individual’s alternative
representative payee.
(B) The total of the amount certified for payment to such individual or such individual’s
alternative representative payee under subparagraph (A) and the amount certified for
payment under paragraph (5) may not exceed the total benefit amount misused by the
representative payee with respect to such individual.
 (8) For purposes of this subsection, the term “benefit based on disability” of an individual
means a disability insurance benefit of such individual under section 223 or a child’s, widow’s,
or widower’s insurance benefit of such individual under section 202 based on such individual’s
disability.
(9) For purposes of this subsection, misuse of benefits by a representative payee occurs in
any case in which the representative payee receives payment under this title for the use and
benefit of another person and converts such payment, or any part thereof, to a use other than
for the use and benefit of such other person. The Commissioner of Social Security may
prescribe by regulation the meaning of the term “use and benefit” for purposes of this
paragraph.
(10) For purposes of this subsection, the term “certified community-based nonprofit social
service agency” means a community-based nonprofit social service agency which is in
compliance with requirements, under regulations which shall be prescribed by the
Commissioner, for annual certification to the Commissioner that it is bonded in accordance
with requirements specified by the Commissioner and that it is licensed in each State in which
it serves as a representative payee (if licensing is available in the State) in accordance with
requirements specified by the Commissioner. Any such annual certification shall include a
copy of any independent audit on the agency which may have been performed since the
previous certification.
(11)[112](A) The Commissioner of Social Security shall—
(i) enter into agreements with each State with a plan approved under part E of title
IV for the purpose of sharing and matching data, on an automated monthly basis, in
the system of records of the Social Security Administration with each Statewide and
Tribal Automated Child Welfare Information System[113] to identify represented minor
beneficiaries who are in foster care under the responsibility of the State for such
month; and
(ii) in any case in which a represented minor beneficiary has entered or exited foster
care or changed foster care placement in such month, redetermine the appropriate
representative payee for such individual.
(B) For purposes of this paragraph—
(i) the term “State” has the meaning given such term for purposes of part E of title
IV;
(ii) the term “Statewide and Tribal Automated Child Welfare Information System”
means a statewide mechanized data collection and information retrieval system
described in section 474(a)(3)(C); and
(iii) the term “represented minor beneficiary”, with respect to an individual for a
month, means a child (as defined for purposes of section 475(8)) entitled to benefits
under this title for such month whose benefits are certified for payment to a
representative payee.
(12)(A) Not later than January 31 of each fiscal year, the Commissioner shall submit to the
Committee on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report on the total number of individuals entitled to benefits under
titles II, VIII, and XVI, respectively, (and the number of individuals concurrently entitled to
benefits under more than one such title) who have a representative payee, the total number of
such representative payees, and the results of all reviews of representative payees conducted
during the previous fiscal year in connection with benefits under this title, title VIII, or title XVI.
Such report shall summarize problems identified in such reviews and corrective actions taken
or planned to be taken to correct such problems, and shall include—
(i) the number of such reviews;
(ii) the results of such reviews;
(iii) the number of cases in which the representative payee was changed and why;
 (iv) the number of reviews conducted in response to allegations or concerns about
the performance or suitability of the payee;
(v) the number of cases discovered in which there was a misuse of funds, and the
total dollar amount of benefits determined by the Commissioner during such fiscal
year to have been misused by a representative payee (regardless of the fiscal year in
which such misuse occurred);
(vi) the number of cases discovered in which such misuse of funds resulted from
the negligent failure of the Commissioner to investigate or monitor a representative
payee;
(vii) the final disposition of such cases of misuse of funds, including—
(I) any criminal, civil, and administrative penalties imposed;
(II) the total dollar amount of misused benefits repaid to beneficiaries and
alternative representative payees under each of—
(aa) paragraph (5) (on the basis of a negligent failure of the Commissioner
described in such paragraph);
(bb) paragraph (5) (on any other basis); and
(cc) paragraph (7);
(III) the total dollar amount of misused benefits recovered under each of—
(aa) paragraph (5); and
(bb) paragraph (7);
(viii) any updates to prior year reports necessary to reflect subsequent recoveries
and repayments pertaining to misuse determinations made in prior years; and
(ix) such other information as the Commissioner deems appropriate.
(B) Each report required under this paragraph for a fiscal year shall include the
information described in clauses (i) through (ix) of subparagraph (A) with respect to—
(i) all representative payees reviewed during such fiscal year;
(ii) all such representative payees that are organizations, separated by whether
such organization collects a fee for its services as a representative payee;
(iii) all such representative payees that are individuals serving 15 or more
individuals; and
(iv) all such representative payees that are individuals serving less than 15
individuals, separated by whether such representative payee is a family member.
(k) Any payment made after December 31, 1939, under conditions set forth in subsection (j), 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 title, shall be a complete settlement and satisfaction of any claim, right, or interest
in and to such payment.
(l) The Commissioner of Social Security is authorized to delegate to any member, officer, or
employee of the Social Security Administration designated by him any of the powers conferred
upon him by this section, and is authorized to be represented by his own attorneys in any court in
any case or proceeding arising under the provisions of subsection (e).
(m) [ Repealed.[114]]
(n) 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 204(a) 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 title for such month.
 Crediting Of Compensation Under The Railroad Retirement Act
(o) 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[115], or to a lump-sum payment under section 6(b)
of such Act, with respect to the death of an employee (as defined in such Act), then,
notwithstanding section 210(a)(9)[116] of this Act, 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 of such Act if wages are deemed to have
been paid to such employee during such month under subsection (a) or (e) of section 217 of this
Act) 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 title 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 title, 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.

Special Rules In Case Of Federal Service

(p)(1) With respect to service included as employment under section 210 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[117], to which the
provisions of section 210(o) 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[118] 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 209 and 210 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 title.
(3) The provisions of paragraphs (1) and (2) 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) 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 Homeland Security, 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 Homeland Security
shall be deemed to be the head of such instrumentality.

Expedited Benefit Payments

(q)(1) The Commissioner of Social Security shall establish and put into effect procedures under
which expedited payment of monthly insurance benefits under this title 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 title 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 he 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, he 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 228 shall be treated as
monthly insurance benefits payable under this title. 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 223, or section 202 to a wife, husband, or child
of an individual entitled to or applying for benefits under section 223, 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.

Use Of Death Certificates To Correct Program Information

(r)(1)[119] 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 Act,
(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 Act 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 Act, 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, United States Code, and from the requirements of
section 552a of such title[120].
(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 704 of this Act.
(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[121]—
(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 208.
(9)(A) The Commissioner of Social Security shall, upon the request of the Secretary or the
Inspector General of the Department of Health and Human Services—
(i) enter into an agreement with the Secretary or such Inspector General for the
purpose of matching data in the system of records of the Social Security
Administration and the system of records of the Department of Health and Human
Services; and
(ii) include in such agreement safeguards to assure the maintenance of the
confidentiality of any information disclosed.
(B) For purposes of this paragraph, the term “system of records” has the meaning given
such term in section 552a(a)(5) of title 5, United States Code[122].

Notice Requirements
(s) 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 title 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.

Same-Day Personal Interviews At Field Offices In Cases Where Time Is Of The Essence
(t) 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 title,
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)(1)(A) The Commissioner of Social Security shall immediately redetermine the entitlement of
individuals to monthly insurance benefits under this title 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 title, 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.
[73] See Vol. II, P.L. 84-885, §33, with respect to evidence of United States citizenship.
See Vol. II, P.L. 90-321, §913(2), with respect to electronic fund transfers.
See Vol. II, P.L. 95-630, §§1101-1121, with respect to an individual’s right to financial privacy.
See Vol. II, P.L. 97-455, §5, with respect to conduct of face-to-face reconsiderations in disability cases.
See Vol. II, P.L. 98-473, §1212, with respect to the requirement for printed notices regarding the
commission of forgery in conjunction with the cashing or attempted cashing of title II checks.
See Vol. II, P.L. 103-296, §206(g), with respect to annual reports on reviews of OASDI and SSI cases.
See Vol. II, P.L. 104-193, §111, with respect to the requirement for development of a prototype of a
counterfeit-resistant social security card.
See Vol. II, P.L. 108-203, §103(a) with respect to a report evaluating existing procedures and reviews for
qualification of representative payees.
See Vol. II, P.L. 108-458, §7213, with respect to security enhancements and other improvements with
respect to social security cards and numbers.
[74] See Vol. II, P.L. 114–74, §846, with respect to expedited examination of administrative law judges by
the Office of Personnel Management between 2016 and 2022.
[75] See Vol. II, P.L. 83-591, §6011.
[76] See Vol. II, P.L. 80-759, §12(e), with respect to disclosure of the social security number for
individuals required to submit to registration.
See Vol. II, P.L. 83-591, §6109, with respect to use of a social security number as a “taxpayer identifying
number” as that term is used in the “Debt Collection Act of 1982” [P.L. 97-365].
See Vol. II, P.L. 88-525, §16(e), with respect to use of the social security number for participation in the
food stamp program.
[77] See Vol. II, P.L. 93-579, §7(a) .
[78] October 4, 1976 [P.L. 94-455, §1211(b); 90 Stat. 1711].
[79] Subclause (II) of clause (i) was enacted in October 13, 1988. [P.L. 100-485; 102 Stat. 2353].
[80] Subclause (II) of clause (i) was enacted in October 13, 1988. [P.L. 100-485; 102 Stat. 2353].
[81] P.L. 111-148, §1311(a)(2), inserted clause (x). Effective March 23, 2010.

[82]
 [82] P.L. 111-318, §2(a)(1), inserted this as a second clause (x), to be applicable with respect to checks
issued after December 13, 2013
P.L. 114-10, §501(a)(2) redesignated this clause (x) as clause (xi). Effective April 16, 2015.
[83] P.L. 114-10, §501(a)(2) redesignated this clause (xi) as clause (xii). Effective April 16, 2015.
[84] P.L. 114-10, §501(a)(3) inserted clause (xiii). Effective April 16, 2015.
[85] This subparagraph was enacted November 10, 1988.
[86] August 15, 1994 [P.L. 103-296, §304; 108 Stat. 1520].
[87] P.L. 75-162 [as amended by P.L. 93-445].
[88] The reference to Title VIII of the Social Security Act refers to the Title VIII-Taxes with Respect to
Employment-that was omitted from the Act as superseded by the provisions of the Internal Revenue code of
1939 and the Internal Revenue code of 1986. However, the provisions of §205 still apply with regard to tax
return information provided under Title VIII of the Act prior to its repeal.
P.L. 76-1, §4, 53 Stat.1 repealed the former Title VIII, effective February 11, 1939. The substance of Title
VIII was then included in the Internal Revenue Code of 1039 at §§1400-1425. Currently, the substance of the
former Title VIII may be found at §§3101-3126 (Subtitle C-Employment Taxes; Chapter 21-Federal Insurance
Contributions Act). See Vol. II, P.L. 83-591, §§3101-3126.
[89] P.L. 76-1.
[90] See Vol. II, P.L. 83-591.
[91] See Vol. II, P.L. 75-162, §7(b)(7).
[92] P.L. 91-452, §236; 84 Stat. 930.
[93] See Vol. II, 28 U.S.C. 1331 and 1346.
[94] P.L. 108-271, §8(b), provided that “Any reference to the General Accounting Office in any law, rule,
regulation, certificate, directive, instruction, or other official paper in force on the date of enactment [July 7,
2004] of this Act shall be considered to refer and apply to the Government Accountability Office.”
[95] P.L. 75-162 [as amended by P.L. 93-445].
[96] P.L. 114–74, §843; Inserted “or divorced wife or divorced husband”. Effective November 2, 2015
[97] P.L. 115–165, §201(a) added subparagraph (C). Effective 2 years after the date of enactment, which
was April 13, 2018. See Vol. II, P.L. 115–165, §201 for regulatory and notification requirements.
[98] P.L. 115–165, §202(a) inserted subclause (VII). Effective for new appointments on or after January 1,
2019; see Vol. II, P.L. 115–165, §202, for required review and removal of prior appointments by January 1,
2024.
[99] See Vol. II, 5 U.S.C. 552a.
[100] See Vol. II, P.L. 83-591, §6103.
[101] P.L. 115–165, §202(a) inserted clause (iv). Effective for new appointments after January 1, 2019; see
Vol. II, P.L. 115–165, §202 for required review and removal of prior appointments by January 1, 2024.
[102] P.L. 115–165, §202(a), inserted clause (v). Effective for new appointments after January 1, 2019; see
Vol. II, P.L. 115–165, §202 for required review and removal of prior appointments by January 1, 2024.
[103] P.L. 115–165, §202(a)(2) inserted subclause (VI) at the end of clause (i). Effective for new
appointments after January 1, 2019; see Vol. II, P.L. 115–165, §202 for required review and removal of prior
appointments by January 1, 2024.
[104] P.L. 115–165, §203(a) added subclause (VII). Effective for new appointments after January 1, 2019;
see Vol. II, P.L. 115–165, §202 for required review and removal of prior appointments by January 1, 2024.
[105] P.L. 115–165, §202(a) added clause (vi). Effective for new appointments after January 1, 2019; see
Vol. II, P.L. 115–165, §202 for required review and removal of prior appointments by January 1, 2024.
[106] P.L. 115–165, §102 redesignated subparagraphs (D) through (G) as (E through (H) and inserted (D),
effective April 13, 2018.
[107] P.L. 115–165, §105(a) struck “(A) In addition to”, inserted “In addition to”; and struck subparagraph
(B). Subparagraph (C) is the only subparagraph in §205(j)(6).
[108] Clauses (i) through (iv) are so in law and probably should be designated as subparagraphs.
[109] P.L. 115–165, §101(b) deleted “or” at the end of clause (ii); struck the period at the end of (ii) and
inserted “; or”; and added clause (iv) and the matter after clause (iv).
[110]
 [110] P.L. 115–165 added subparagraph (C), Effective for grants described under (C)(i) made on August 1,
2018 and annually thereafter, and for grants described under (C)(v) on May 1, 2018 and annually thereafter.
[111] See Vol. II, P.L. 106–402, §143(b)
[112] P.L. 115–165, §103(a) added paragraph (11). Effective for months beginning 1 year after the date of
enactment, which was April 13, 2018. See Vol. II, P.L. 115–165, §103(a)(4)(B) for effective date if state
legislation is required for compliance.
[113] The Statewide and Tribal Automated Child Welfare Information System was replaced by the
Comprehensive Child Welfare Information System by Department of Health and Human Services regulation
at 45 CFR Part 95, on August 1, 2016, under the authority of §474(a)(3)(C) and (D),
[114] P.L. 81-734, §101(b)(2); 64 Stat. 488. See, instead, §202(j)(2).
[115] See Vol. II, P.L. 75-162 [as amended by P.L. 93-445], §2.
[116] P.L. 83-761, §101(a)(5), redesignated §210(a)(9) as §201(a)(10).
[117] See Vol. II, P.L. 87-293.
[118] See Vol. II, P.L. 83-591, §3122.
[119] See Vol. II, P.L. 114–109, §3, with respect to application of the Improper Payments Elimination and
Recovery Improvements Act of 2012 to death records maintained by the Commissioner.
See Vol. II, P.L. 114–113, §203, with respect to further limitations on access to death information in SSA
records.
[120] See Vol. II, Title 5, §552 and 552a.
[121] P.L. 107-252.
[122] See Vol. II, 5 U.S.C. 552a(a)(5).