---
kind: "range"
citation: "20 C.F.R. §§ 404.2108–404.2109"
title: "20"
from: "404.2108"
to: "404.2109"
count: 2
url: "https://uscodex.org/cfr/20/404.2108..404.2109"
---

# §404.2108. Requirements for payment.

- (a) The State VR agency must file a claim for payment in each individual case within the time periods specified in [§ 404.2116](/cfr/20/404.2116.md);
- (b) The claim for payment must be in a form prescribed by us and contain the following information:
  - (1) A description of each service provided;
  - (2) When the service was provided; and
  - (3) The cost of the service;
- (c) The VR services for which payment is being requested must have been provided during the period specified in [§ 404.2115](/cfr/20/404.2115.md);
- (d) The VR services for which payment is being requested must have been provided under a State plan for VR services approved under title I of the Rehabilitation Act of 1973, as amended, and must be services that are described in [§ 404.2114](/cfr/20/404.2114.md);
- (e) The individual must meet one of the VR payment provisions specified in [§ 404.2101](/cfr/20/404.2101.md);
- (f) The State VR agency must maintain, and provide as we may require, adequate documentation of all services and costs for all disability beneficiaries with respect to whom a State VR agency could potentially request payment for services and costs under this subpart; and
- (g) The amount to be paid must be reasonable and necessary and be in compliance with the cost guidelines specified in [§ 404.2117](/cfr/20/404.2117.md).

# §404.2109. Responsibility for making payment decisions.


The Commissioner will decide—

- (a) Whether a continuous period of 9 months of SGA has been completed;
- (b) Whether a disability beneficiary whose disability has ceased should continue to receive benefits under § [404.316(c)](/cfr/20/404.316.md?p=c), [404.337(c)](/cfr/20/404.337.md?p=c), or [404.352(c)](/cfr/20/404.352.md?p=c) for a month after October 1984, based on his or her continued participation in a VR program;
- (c) If and when medical recovery has occurred;
- (d) Whether documentation of VR services and expenditures is adequate;
- (e) If payment is to be based on completion of a continuous 9-month period of SGA, whether the VR services contributed to the continuous period of SGA;
- (f) Whether a VR service is a service described in [§ 404.2114](/cfr/20/404.2114.md); and
- (g) What VR costs were reasonable and necessary and will be paid.