§ 103. The Issues Covered - Entitlement, Amount, Procedure, Proof or Evidence, Issues of Representation, Planning in Relation to Benefits

For the programs covered, this reference work covers all issues bearing on entitlement, those elements an individual must establish in order to secure benefits in the first place or keep benefits once started. Depending on the benefits involved, the issues can range from the generally straightforward matter of establishing the claimant's age, through the more frequently troublesome question of whether a specified family relationship exists, to the nearly always difficult complex of issues surrounding a disability determination. The reference covers the law of Social Security and SSI benefit calculation, including the effect on monthly payments of continuing earnings and benefit claims by other family members. The work deals with the administrative and judicial procedures that govern appeals from unfavorable agency determinations, and also with associated rules of proof or evidence. It covers the rules concerning representation of individuals by lawyers or others, including the provisions controlling the fees charged for such representation. Finally, it seeks to illuminate areas where the contours of Social Security law may affect private planning, such as decisions about retirement or continued part-time work and about divorce, marriage, and adoption.

Rev. 5/10

  • Related Sections:
    • Part 1
      § 100. Scope of Reference Work - In General
      § 101. The Programs Covered - Old-Age, Survivors, and Disability Insurance (OASDI) and Supplemental Security Income (SSI)
      § 102. Programs Not Covered Although Closely Affiliated With Social Security - Black Lung, Medicare, AFDC, Private Pensions
      § 104. Related Tax Issues Not Addressed
      § 150. The Different Types of Social Security Benefits - In General
      § 160. Old-Age Benefits - In General
      § 170. Disability Benefits - In General
      § 200. Benefits Based on Family Relationship - In General
      § 300. Basic Elements of Coverage
      § 400. Steps in Presenting or Appealing a Benefit Claim
      § 460. Taking a Social Security or SSI Claim to Court - In General
      § 600. Social Security Benefit Calculation - In General
      § 820. Constitutional Issues in the Social Security and SSI Programs