20 C.F.R. §404.905 - Effect of an initial determination

Cite as20 C.F.R. §404.905
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189 cases
  • Hamm v. Comm'r of Soc. Sec. Admin.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • October 7, 2020
    ...the administrative determination or decision becomes binding and there is no final decision for the purpose of judicial review. See 20 C.F.R. §§ 404.905, 404.921, 404.955, 404.981, 416.1405, 416.1421, 416.1455, 416.1481; Sims v. Apfel, 530 U.S. 103, 107 (2000). Under SSA regulations, an ind......
  • Mattern v. Weinberger, 74-1776
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 3, 1975
    ...administrative review: an initial determination that there has been an overpayment and that there is no basis for waiver of recovery (20 C.F.R. § 404.905); a reconsideration of that initial determination upon request by the recipient (Id. § 404.914); an administrative hearing de novo before......
  • Mattern v. Mathews
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 30, 1978
    ...initial determination is made that an overpayment has occurred and that section 204(b) provides no basis for a "waiver" of recoupment (20 C.F.R. § 404.905). All recipients subject to recoupment are then sent letters which set forth the reasons for the proposed recoupment, the availability o......
  • Goodnight v. Shalala
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Utah
    • October 27, 1993
    ...stage within sixty days of notice of the action taken or the decision will be considered binding. See, e.g., 42 U.S.C.A. § 405(b)(1); 20 C.F.R. §§ 404.905, 404.909(a)(1), 404.955(a), 404.968(a)(1), 416.1405, 416.1409(a), 416.1433(b), 416.1455(a), 416.1468(a). Thereafter, claimants may seek ......
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1 books & journal articles
  • Appeals council
    • United States
    • James Publishing Practical Law Books Social Security Disability Practice. Volume 1-2 Volume 2
    • May 4, 2022
    ...denial simply as part of a duplicate claim to be consolidated with the first claim on remand. It is hard to see, though, why 20 C.F.R. §§404.905 and 404.921 do not also make initial or reconsideration denials binding, thus raising this question: Could SSA change its interpretation? Could SS......

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