[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR416.210]

[Page 742]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 416_SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
--Table of Contents
 
                          Subpart B_Eligibility
 
Sec. 416.210  You do not apply for other benefits.

    (a) General rule. You are not eligible for SSI benefits if you do 
not apply for all other benefits for which you may be eligible.
    (b) What ``other benefits'' includes. ``Other benefits'' includes 
any payments for which you can apply that are available to you on an 
ongoing or one-time basis of a type that includes annuities, pensions, 
retirement benefits, or disability benefits. For example, ``other 
benefits'' includes veterans' compensation and pensions, workers' 
compensation payments, Social Security insurance benefits and 
unemployment insurance benefits. ``Other benefits'' for which you are 
required to apply do not include payments that you may be eligible to 
receive from a fund established by a State to aid victims of crime. (See 
Sec. 416.1124(c)(17).)
    (c) Our notice to you. We will give you a dated, written notice that 
will tell you about any other benefits that we think you are likely to 
be eligible for. In addition, the notice will explain that your 
eligibility for SSI benefits will be affected if you do not apply for 
those other benefits.
    (d) What you must do to apply for other benefits. In order to apply 
for other benefits, you must file any required applications and do 
whatever else is needed so that your eligibility for the other benefits 
can be determined. For example, if any documents (such as a copy of a 
birth certificate) are required in addition to the application, you must 
submit them.
    (e) What happens if you do not apply for the other benefits. (1) If 
you do not apply for the other benefits within 30 days from the day that 
you receive our written notice, you are not eligible for SSI benefits. 
This means that if you are applying for SSI benefits, you cannot receive 
them. If you are receiving SSI benefits, your SSI benefits will stop. In 
addition, you will have to repay us for any SSI benefits that you 
received beginning with the month that you received our written notice. 
We assume (unless you prove otherwise) that you received our written 
notice 5 days after the date shown on the notice. We will also find that 
you are not eligible for SSI benefits if you file the required 
application for other benefits but do not take other necessary steps to 
obtain them.
    (2) We will not find you ineligible for SSI benefits if you have a 
good reason for not applying for the other benefits within the 30-day 
period or taking other necessary steps to obtain them. In determining 
whether a good reason exists, we will take into account any physical, 
mental, educational, or linguistic limitations (including any lack of 
facility with the English language) which may have caused you to fail to 
apply for other benefits. You may have a good reason if, for example--
    (i) You are incapacitated (because of illness you were not able to 
apply); or
    (ii) It would be useless for you to apply (you once applied for the 
benefits and the reasons why you were turned down have not changed).

[47 FR 3103, Jan. 22, 1982, as amended at 50 FR 5573, Feb. 11, 1985; 50 
FR 14211, April 11, 1985; 59 FR 1635, Jan. 12, 1994; 61 FR 1712, Jan. 
23, 1996]