20 C.F.R. §§ 404.1620–404.1633

§404.1620. General administrative requirements.

20 C.F.R. § 404.1620

(a)

The State will provide the organizational structure, qualified personnel, medical consultant services, and a quality assurance function sufficient to ensure that disability determinations are made accurately and promptly. We may impose specific administrative requirements in these areas and in those under “Administrative Responsibilities and Requirements” in order to establish uniform, national administrative practices or to correct the areas of deficiencies which may later cause the State to be substantially failing to comply with our regulations or other written guidelines. We will notify the State, in writing, of the administrative requirements being imposed and of any administrative deficiencies it is required to correct. We will allow the State 90 days from the date of this notice to make appropriate corrections. Once corrected, we will monitor the State's administrative practices for 180 days. If the State does not meet the requirements or correct all of the deficiencies, or, if some of the deficiencies recur, we may initiate procedures to determine if the State is substantially failing to follow our regulations or other written guidelines.

(b)

The State is responsible for making accurate and prompt disability determinations.

(c)

Each State agency will designate experienced disability examiners to handle claims we refer to it under § 404.1619(a).

Notes, amendments, and revision history

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11018, Mar. 14, 1991; 72 FR 51177, Sept. 6, 2007]

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11018, Mar. 14, 1991; 72 FR 51177, Sept. 6, 2007]

§404.1621. Personnel.

20 C.F.R. § 404.1621

(a)

Equal employment opportunity. The State will comply with all applicable Federal statutes, executive orders and regulations concerned with equal employment opportunities.

(b)

Selection, tenure, and compensation. The State agency will, except as may be inconsistent with paragraph (a) of this section, adhere to applicable State approved personnel standards in the selection, tenure, and compensation of any individual employed in the disability program.

(c)

Travel. The State will make personnel available to attend meetings or workshops as may be sponsored or approved by us for furthering the purposes of the disability program.

(d)

Restrictions. Subject to appropriate Federal funding, the State will, to the best of its ability, facilitate the processing of disability claims by avoiding personnel freezes, restrictions against overtime work, or curtailment of facilities or activities.

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1622. Training.

20 C.F.R. § 404.1622

The State will insure that all employees have an acceptable level of competence. We will provide training and other instructional materials to facilitate basic and advanced technical proficiency of disability staff in order to insure uniformity and effectiveness in the administration of the disability program. We will conduct or specify training, as appropriate, but only if:

(a)

A State agency's performance approaches unacceptable levels; or

(b)

The material required for the training is complex or the capacity of the State to deliver the training is in doubt and uniformity of the training is essential.

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1623. Facilities.

20 C.F.R. § 404.1623

(a)

Space, equipment, supplies, and other services. Subject to appropriate Federal funding, the State will provide adequate space, equipment, supplies, and other services to facilitate making accurate and prompt disability determinations.

(b)

Location of facilities. Subject to appropriate Federal funding, the State will determine the location where the disability determination function is to be performed so that disability determinations are made accurately and promptly.

(c)

Access. The State will permit us access to the premises where the disability determination function is performed and also where it is managed for the purposes of inspecting and obtaining information about the work and activities required by our regulations and assuring compliance with pertinent Federal statutes and regulations. Access includes personal onsite visits and other means, such as telecommunications, of contacting the State agency to obtain information about its functions. We will contact the State agency and give reasonable prior notice of the times and purposes of any visits.

Notes, amendments, and revision history

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11019, Mar. 14, 1991]

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11019, Mar. 14, 1991]

§404.1624. Medical and other purchased services.

20 C.F.R. § 404.1624

The State will determine the rates of payment for purchasing medical or other services necessary to make determinations of disability. The rates may not exceed the highest rate paid by Federal or other agencies in the State for the same or similar type of service. The State will maintain documentation to support the rates of payment it uses.

Notes, amendments, and revision history

Amendments

[46 FR 29204, May 29, 1981,as amended at 71 FR 16445, Mar. 31, 2006; 76 FR 24808, May 3, 2011]

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

Amendments

[46 FR 29204, May 29, 1981,as amended at 71 FR 16445, Mar. 31, 2006; 76 FR 24808, May 3, 2011]

§404.1625. Records and reports.

20 C.F.R. § 404.1625

(a)

The State will establish and maintain the records and furnish the schedules, financial, cost, and other reports relating to the administration of the disability programs as we may require.

(b)

The State will permit us and the Comptroller General of the United States (including duly authorized representatives) access to and the right to examine records relating to the work which the State performs under these regulations. These records will be retained by the State for the periods of time specified for retention of records in the Federal Procurement Regulations (41 CFR parts 1-20).

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1626. Fiscal.

20 C.F.R. § 404.1626

(a)

We will give the State funds, in advance or by way of reimbursement, for necessary costs in making disability determinations under these regulations. Necessary costs are direct as well as indirect costs as defined in 41 CFR part 1-15, subpart 1-15.7 of the Federal Procurement Regulations System for costs incurred before April 1, 1984; and 48 CFR part 31, subpart 31.6 of the Federal Acquisition Regulations System and Federal Management Circular A-74-4 1 as amended or superseded for costs incurred after March 31, 1984.

(b)

The State will submit estimates of anticipated costs in the form of a budget at the time and in the manner we require.

(c)

We will notify the State of the amount which will be made available to it as well as what anticipated costs are being approved.

(d)

The State may not incur or make expenditures for items of cost not approved by us or in excess of the amount we make available to the State.

(e)

After the close of a period for which funds have been made available to the State, the State will submit a report of its expenditures. Based on an audit arranged by the State under Pub. L. 98-502, the Single Audit Act of 1984, or by the Inspector General of the Social Security Administration or based on an audit or review by the Social Security Administration (see § 404.1627), we will determine whether the expenditures were consistent with cost principles described in 41 CFR part 1-15, subpart 1-15.7 for costs incurred before April 1, 1984; and 48 CFR part 31, subpart 31.6 and Federal Management Circular A-741-4 for costs incurred after March 31, 1984: and in other applicable written guidelines in effect at the time the expenditures were made or incurred.

(f)

Any monies paid to the State which are used for purposes not within the scope of these regulations will be paid back to the Treasury of the United States.

Notes, amendments, and revision history

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11019, Mar. 14, 1991; 62 FR 38452, July 18, 1997]

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11019, Mar. 14, 1991; 62 FR 38452, July 18, 1997]

§404.1627. Audits.

20 C.F.R. § 404.1627

(a)

Audits performed by the State—

(1)

Generally. Audits of accounts and records pertaining to the administration of the disability program under the Act, will be performed by the States in accordance with the Single Audit Act of 1984 (Pub. L. 98-502) which establishes audit requirements for States receiving Federal assistance. If the audit performed by the State meets our program requirements, we will accept the findings and recommendations of the audit. The State will make every effort to act upon and resolve any items questioned in the audit.

(2)

Questioned items. Items questioned as a result of an audit under the Single Audit Act of 1984 of a cross-cutting nature will be resolved by the Department of Health and Human Services, Office of Grant and Contract Financial Management. A cross-cutting issue is one that involves more than one Federal awarding agency. Questioned items affecting only the disability program will be resolved by SSA in accord with paragraph (b)(2) of this section,

(3)

State appeal of audit determinations. The Office of Grant and Contract Financial Management will notify the State of its determination on questioned cross-cutting items. If the State disagrees with that determination, it may appeal in writing within 60 days of receiving the determination. State appeals of a cross-cutting issue as a result of an audit under the Single Audit Act of 1984 will be made to the Department of Health and Human Services' Departmental Appeals Board. The rules for hearings and appeals are provided in 45 CFR part 16.

(b)

Audits performed by the Commissioner—

(1)

Generally. If the State does not perform an audit under the Single Audit Act of 1984 or the audit performed is not satisfactory for disability program purposes, the books of account and records in the State pertaining to the administrations of the disability programs under the Act will be audited by the SSA's Inspector General or audited or reviewed by SSA as appropriate. These audits or reviews will be conducted to determine whether the expenditures were made for the intended purposes and in amounts necessary for the proper and efficient administration of the disability programs. Audits or reviews will also be made to inspect the work and activities required by the regulations to ensure compliance with pertinent Federal statutes and regulations. The State will make every effort to act upon and resolve any items questioned in an audit or review.

(2)

Questioned items. Expenditures of State agencies will be audited or reviewed, as appropriate, on the basis of cost principles and written guidelines in effect at the time the expenditures were made or incurred. Both the State and the State agency will be informed and given a full explanation of any items questioned. They will be given reasonable time to explain items questioned. Any explanation furnished by the State or State agency will be given full consideration before a final determination is made on the audit or review report.

(3)

State appeal of audit determinations. The appropriate Social Security Administration Regional Commissioner will notify the State of his or her determination on the audit or review report. If the State disagrees with that determination, the State may request reconsideration in writing within 60 days of the date of the Regional Commissioner's notice of the determination. The written request may be made, through the Associate Commissioner, Office of Disability, to the Commissioner of Social Security, room 900, Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235. The Commissioner will make a determination and notify the State of the decision in writing no later than 90 days from the date the Social Security Administration receives the State's appeal and all supporting documents. The decision by the Commissioner on other than monetary disallowances will be final and binding upon the State. The decision by the Commissioner on monetary disallowances will be final and binding upon the State unless the State appeals the decision in writing to the Department of Health and Human Services, Departmental Appeals Board within 30 days after receiving the Commissioner's decision. See § 404.1683.

Notes, amendments, and revision history

Amendments

[56 FR 11019, Mar. 14, 1991, as amended at 62 FR 38452, July 18, 1997]

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

Amendments

[56 FR 11019, Mar. 14, 1991, as amended at 62 FR 38452, July 18, 1997]

§404.1628. Property.

20 C.F.R. § 404.1628

The State will have title to equipment purchased for disability program purposes. The State will be responsible for maintaining all property it acquires or which we furnish to it for performing the disability determination function. The State will identify the equipment by labeling and by inventory and will credit the SSA account with the fair market value of disposed property.

In the event we assume the disability determination function from a State, ownership of all property and equipment acquired with SSA funds will be transferred to us effective on the date the State is notified that we are assuming the disability determination function or we are notified that the State is terminating the relationship.

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1629. Participation in research and demonstration projects.

20 C.F.R. § 404.1629

We will invite State participation in federally funded research and demonstration projects to assess the effectiveness of the disability program and to ascertain the effect of program policy changes. Where we determine that State participation is necessary for the project to be complete, for example, to provide national uniformity in a claims process, State participation is mandatory.

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1630. Coordination with other agencies.

20 C.F.R. § 404.1630

(a)

The State will establish cooperative working relationships with other agencies concerned with serving the disabled and, insofar as practicable, use their services, facilities, and records to:

(1)

Assist the State in developing evidence and making determinations of disability; and

(2)

Insure that referral of disabled or blind persons for rehabilitation services will be carried out effectively.

(b)

The State may pay these agencies for the services, facilities, or records they provide. The State will include these costs in its estimates of anticipated costs and reports of actual expenditures.

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1631. Confidentiality of information and records.

20 C.F.R. § 404.1631

The State will comply with the confidentiality of information, including the security of systems, and records requirements described in 20 CFR part 401 and pertinent written guidelines (see § 404.1633).

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1632. Other Federal laws and regulations.

20 C.F.R. § 404.1632

The State will comply with the provisions of other Federal laws and regulations that directly affect its responsibilities in carrying out the disability determination function; for example, Treasury Department regulations on letters of credit (31 CFR part 205).

Notes, amendments, and revision history

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

§404.1633. Policies and operating instructions.

20 C.F.R. § 404.1633

(a)

We will provide the State agency with written guidelines necessary for it to carry out its responsibilities in performing the disability determination function.

(b)

The State agency making determinations of disability will comply with our written guidelines that are not designated as advisory or discretionary. (See § 404.1602 for what we mean by written guidelines.)

(c)

A representative group of State agencies will be given an opportunity to participate in formulating disability program policies that have an affect on their role in carrying out the disability determination function. State agencies will also be given an opportunity to comment before changes are made in written guidelines unless delay in issuing a change may impair service to the public.

Notes, amendments, and revision history

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11020, Mar. 14, 1991]

Authority

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Source

Source: 46 FR 29204, May 29, 1981, unless otherwise noted.

Amendments

[46 FR 29204, May 29, 1981, as amended at 56 FR 11020, Mar. 14, 1991]