---
kind: "section"
citation: "20 C.F.R. § 404.610"
title: "20"
number: "404.610"
heading: "What makes an application a claim for benefits?"
url: "https://uscodex.org/cfr/20/404.610"
---

# §404.610. What makes an application a claim for benefits?


We will consider your application a claim for benefits if it generally meets all of the following conditions:

- (a) You must file on a prescribed form, as stated in [§ 404.611](/cfr/20/404.611.md). See [§ 422.505(a)](/cfr/20/422.505.md?p=a) of this chapter for the types of prescribed applications you can file.
- (b) You must complete and file the application with us as stated in §§ [404.611](/cfr/20/404.611.md) and [404.614](/cfr/20/404.614.md).
- (c) You, or someone described in [§ 404.612](/cfr/20/404.612.md) who may sign an application for you, must sign the application.
- (d) You must be alive at the time you file (unless one of the limited exceptions in [§ 404.615](/cfr/20/404.615.md) applies).

## Notes

### Amendments

[69 FR 498, Jan. 6, 2004]

### Authority

Authority: Secs. 202(i), (j), (o), (p), and (r), 205(a), 216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act (42 U.S.C. 402(i), (j), (o), (p), and (r), 405(a), 416(i)(2), 423(b), 428(a), and 902(a)(5)).

### Source

Source: 44 FR 37209, June 26, 1979, unless otherwise noted.

### Amendments

[69 FR 498, Jan. 6, 2004]