---
kind: "section"
citation: "20 C.F.R. § 416.310"
title: "20"
number: "416.310"
heading: "What makes an application a claim for benefits."
url: "https://uscodex.org/cfr/20/416.310"
---

# §416.310. What makes an application a claim for benefits.


An application will be considered a claim for benefits, if the following requirements are met:

- (a) An application form prescribed by us must be filled out.
- (b) be filed at a social security office, at another Federal or State office we have designated to receive applications for us, or with a person we have authorized to receive applications for us. See [§ 416.325](/cfr/20/416.325.md).
- (c) The claimant or someone who may sign an application for the claimant must sign the application. See §§ [416.315](/cfr/20/416.315.md) and [416.320](/cfr/20/416.320.md).
- (d) The claimant must be alive at the time the application is filed. See §§ [416.340](/cfr/20/416.340.md), [416.345](/cfr/20/416.345.md), and [416.351](/cfr/20/416.351.md) for exceptions.

## Notes

### Amendments

[45 FR 48120, July 18, 1980, as amended at 59 FR 44926, Aug. 31, 1994]

### Authority

Authority: Secs. 702(a)(5), 1611, and 1631 (a), (d), and (e) of the Social Security Act (42 U.S.C. 902(a)(5), 1382, and 1383 (a), (d), and (e)).

### Source

Source: 45 FR 48120, July 18, 1980, unless otherwise noted.

### Amendments

[45 FR 48120, July 18, 1980, as amended at 59 FR 44926, Aug. 31, 1994]