[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: 20CFR416.345]

[Page 755]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 416_SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
--Table of Contents
 
                    Subpart C_Filing of Applications
 
Sec. 416.345  Use of date of oral inquiry as application filing date.

    We will use the date of an oral inquiry about SSI benefits as the 
filing date of an application for benefits only if the use of that date 
will result in your eligibility for additional benefits and the 
following requirements are met:
    (a) The inquiry asks about the claimant's eligibility for SSI 
benefits.
    (b) The inquiry is made by the claimant, the claimant's spouse, or a 
person who may sign an application on the claimant's behalf as described 
in Sec. 416.315.
    (c) The inquiry, whether in person or by telephone, is directed to 
an office or an official described in Sec. 416.310(b).
    (d) The claimant or a person on his or her behalf as described in 
Sec. 416.315 files an application on a prescribed form within 60 days 
after the date of the notice we will send telling of the need to file an 
application. The notice will say that we will make an initial 
determination of eligibility for SSI benefits if an application form is 
filed within 60 days after the date of the notice. (We will send the 
notice to the claimant or, where he or she is a minor or incompetent, to 
the person who made the inquiry.)
    (e)(1) The claimant is alive when the application is filed on a 
prescribed form, or
    (2) If the claimant dies after the oral inquiry is made, the 
deceased claimant's surviving spouse or parent(s) who could be paid the 
claimant's benefits under Sec. 416.542(b), or someone on behalf of the 
surviving spouse or parent(s) files an application form. If we learn 
that the claimant has died before the notice is sent or within 60 days 
after the notice but before an application form is filed, we will send a 
notice to such a survivor. The notice will say that we will make an 
initial determination of eligibility for SSI benefits only if an 
application form is filed on behalf of the deceased within 60 days after 
the date of the notice to the survivor.

[45 FR 48120, July 18, 1980, as amended at 51 FR 13493, Apr. 21, 1986; 
58 FR 52912, Oct. 13, 1993]