[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: 20CFR422.125]

[Page 1076-1077]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 422_ORGANIZATION AND PROCEDURES--Table of Contents
 
                      Subpart B_General Procedures
 
Sec. 422.125  Statements of earnings; resolving earnings discrepancies.

    (a) Obtaining a statement of earnings and estimated benefits. An 
individual may obtain a statement of the earnings on his earnings record 
and an estimate of social security benefits potentially payable on his 
record either by writing, calling, or visiting any social security 
office, or by waiting until we send him one under the procedure 
described in Sec. 404.812 of this chapter. An individual may request 
this statement by completing the proper form or by otherwise providing 
the information the Social Security Administration requires, as 
explained in Sec. 404.810(b) of this chapter.
    (b) Statement of earnings and estimated benefits. Upon receipt of 
such a request or as required by section 1143(c) of the Social Security 
Act, the Social Security Administration will provide the individual, 
without charge, a statement of earnings and benefit estimates or an 
earnings statement. See Sec. Sec. 404.811 through 404.812 of this 
chapter concerning the information contained in these statements.
    (c) Detailed earnings statements. A more detailed earnings statement 
will be furnished upon request, generally without charge, where the 
request is program related under Sec. 402.170 of this part. If the 
request for a more detailed statement is not program related under Sec. 
402.170 of this part, a charge will be imposed according to the 
guidelines set out in Sec. 402.175 of this part.

[[Page 1077]]

    (d) Request for revision of earnings records. If an individual 
disagrees with a statement of earnings credited to his social security 
account, he may request a revision by writing to the Bureau of Data 
Processing and Accounts, Social Security Administration, Baltimore, MD 
21235, or by calling at or writing to any social security district 
office or branch office or, if the individual is in the Philippines, by 
calling at or writing to the Veterans' Administration Regional Office, 
Manila, Philippines. Upon receipt of a request for revision, the Social 
Security Administration will initiate an investigation of the 
individual's record of earnings. Form OAR-7008, ``Statement of 
Employment for Wages and Self-Employment,'' is used by the Social 
Security Administration for obtaining information from the individual 
requesting a revision to aid the Administration in the investigation. 
These forms are available at any of the sources listed in this 
paragraph. If an individual receives a Form OAR-7008 from the Bureau of 
Data Processing and Accounts, the completed form should be returned to 
that office. In the course of the investigation the district office or 
branch office, where appropriate, contacts the employer and the employee 
or the self-employed individual, whichever is applicable, for the 
purpose of obtaining the information and evidence necessary to reconcile 
any discrepancy between the allegations of the individual and the 
records of the Administration. See subpart I of part 404 of this chapter 
for requirements for filing requests for revision, and for limitation on 
the revision of records of earnings.
    (e) Notice to individual of determination. After the investigation 
has been completed and a determination affecting the individual's 
earnings record has been made, the Social Security Administration will 
notify the individual in writing of the status of his earnings record 
and inform him at the same time of the determination made in his case 
and of his right to a reconsideration if he is dissatisfied with such 
determination (see Sec. 422.140).
    (f) Notice to individual of adverse adjustment of his account. 
Written notice is given to an individual or his survivor in any case 
where the Social Security Administration adversely adjusts the 
individual's self-employment income. Where, subsequent to the issuance 
of a statement of earnings to an individual, an adverse adjustment is 
made of an amount of wages included in the statement, written notice of 
the adverse adjustment is given to the individual or his survivor. 
Written notice of the adverse adjustment is also given to the survivor 
if the statement of earnings had been given to such survivor. The 
individual or his survivor is requested to notify the Social Security 
Administration promptly if he disagrees, and he is informed that the 
adjustment will become final unless he notifies the Administration of 
his disagreement (if any) within 6 months from the date of the letter, 
or within 3 years, 3 months, and 15 days after the year to which the 
adjustment relates, whichever is later.

[32 FR 13653, Sept. 29, 1967, as amended at 35 FR 7891, May 22, 1970; 35 
FR 8426, May 29, 1970; 39 FR 26721, July 23, 1974; 41 FR 50998, Nov. 19, 
1976; 50 FR 28568, July 15, 1985; 57 FR 54919, Nov. 23, 1992; 61 FR 
18078, Apr. 24, 1996; 65 FR 16816, Mar. 30, 2000]