Page images

2 years following the death of such individual.

(2) Where death occurred prior to August 10, 1946. Where an individual who meets the requirements of section 210 (a) (see § 403.1002) died before August 10, 1946, an application under section 210 for a lump-sum death payment or for recomputation of a lump-sum death payment certified prior to August 10, 1946, with respect to the wages of any such individual, shall be filed on or before February 10, 1947, or 2 years after the death of such individual, whichever is later. Any additional payment required by such recomputation shall be made to the same individual or individuals as though the application were an original application for a lump-sum death payment with respect to such wages.

Example 1: V, who meets the requirements of section 210 (a), died currently insured on November 29, 1943. A lump sum is paid to his widow based on V's average monthly wage of $100.

Application by the widow for recomputation of the lump-sum death payment based on section 210 must be filed on or before February 10, 1947.

If y had died November 29, 1945, the application for recomputation must be filled on or before November 29, 1947.

Erample 2: V, who meets the requirements of section 210 (a), has an average monthly wage of $200 and is currently insured at the time of his death in 1943. His widow's claim for a lump sum is disallowed since it was filed more than 2 years after his death. She files under section 210 before Febru. ary 10, 1947.

The amount of the lump-sum payment will be computed solely under section 210.

Example 3: V, who meets the requirements of section 210 (a), died currently insured in 1943, survived by his mother, M, who is the sole person entitled to a lump sum based on relationship. The lump-sum death payment is computed on the basis of an average monthly wage of less than $160 and is paid to M. M dies in 1944. In January 1947, V's brother, B, who has paid his burial expenses, files application as a person equitably entitled.

The lump sum will be recomputed under section 210 and the balance will be paid to B to the extent necessary to reimburse him for the payment of the burial expenses.

(3) No lump-sum death payment shall be made or recomputed with respect to the wages of an individual if any monthly benefit with respect to his wages is, or upon filing application would be, payable for the month in which he died; but except as otherwise specifically provided (see $ 403.1005), no payment heretofore

made shall be rendered erroneous due to the fact that monthly benefits are now payable under section 210.

Example: V, who meets the requirements of section 210 (a), died on May 15, 1943. He is survived by his mother, age 68, to whom a lump sum is paid based on V's currently insured status. If the aged parent files an application and proof of dependency on or before February 10, 1947, the lump sum paid is not deductible from the monthly benefit now payable as of May 1943.

§ 403.1007 Supporting evidence as to right to receive benefits and lump sums. In addition to such evidence of eligibility as is required by $ 403.702 or as may be otherwise expressly required by the Administration in connection with an application, an applicant for benefits or a lump sum on the basis of the death of an individual under section 210, shall file supporting evidence as to such individual's period of active military or naval service and his discharge or release from the active military or naval service. Such evidence shall be of the following character:

(a) An original certificate of discharge, or an original certificate of service, from a branch of the armed forces; or a certified copy of such a certificate made by the State, county or municipal agency or department in which the original certificate is recorded; or

(b) A certification from a branch of the armed forces indicating such individual's period of active service and type of discharge; or

(c) A certification from a local selective service board indicating such individual's period of active service and type of discharge; or

(d) Other evidence of probative value.




Subpart A-Bureau of Old-Age and

Survivors Insurance Sec. 422.1 Procedures of the Bureau of Old-Age

and Survivors Insurance (Amended)

Appendix A–Field offices. (Revised ] SOURCE: $ 422.1 and Appendix A contained in Statement of Procedure, Acting Commissioner for Social Security, Nov. 18, 1947, approved by the Federal Security Administrator, Nov. 19, 1947, 12 F.R. 7900.

$ 422.1 Procedures of the Bureau of Old-Age and Survivors Insurance.

(b) Wage records. *

(4) Compensation credited under the Railroad Retirement Act combined with wages received for employment covered by the Social Security Act in certain cases. Compensation credited under the Railroad Retirement Act is combined with wages received for employment coyered by the Social Security Act for the purpose of determining monthly insurance benefits under Title II of the Social Security Act and monthly annuities under the Railroad Retirement Act which begin to accrue on or after January 1, 1947, to the survivors of a deceased worker and in making lump-sum death payments where death occurs on or after January 1, 1947: Procedure has been established whereby the Bureau and the Railroad Retirement Board exchange information regarding wages and compensation. (Subparagraph (4) added]

(c) Claims procedure. The field offices provide local facilities for the public to file claims and to obtain assistance in perfecting them. To become entitled to any benefit or payment or to a recomputation of benefits, the appropriate application form, which can be obtained from any field office, must be filed with a Bureau office. (See 20 CFR, Cum. Supp., 403.701.) The application forms and corresponding forms containing instructions as to their execution are as follows:

1. Form OA-ci, Application for Wage Earner's Primary Insurance Benefits.

Form Inst. OA-C1, Instructions to Applicant for Primary Insurance Benefits.

2. Form OA-C1.1, Application for Recomputation of Primary Insurance Benefits.

3. Form OA-C2, Application for Wife's Insurance Benefits.

Form Inst. OA-C2, Instructions to Applicant for Wife's Insurance Benefits.

4. Form OA-C3, Husband's Certification (this form is a part of the wife's application, Form OA-C2, above).

5. Form OA-C4, Application for Insurance Benefits for Child of Living Wage Earner.

Form Inst. OA-C4, Instructions to Applicant for Insurance Benefits for Child of Living Wage Earner.

6. Form OA-C5, Application of Widow, and Widow on Behalf of Child, for Survivors Insurance Benefits.

Form Inst. OA-C5.1, Instructions to Applicant for Widow's Current Insurance Benefits.

Form Inst. OA-C5.2, Instructions to Applicant for Widow's Insurance Benefits.

Form Inst. OA-C5.3, Instructions Covering Application for Insurance Benefits by Widow on Behalf of Children.

7. Form OA-C6, Application on Behalf of Child for Survivors Insurance Benefits.

Form Inst. OA-C6, Instructions to Applicant for Insurance Benefits for Child of Deceased Wage Earner.

8. Form OA-07, Application of Dependent Parent for Survivors Insurance Benefits.

Form Inst. OA-C7, Instructions to Dependent Parent.

9. Form OA-C8, Application for Lump-Sum Death Payment.

Form Inst. OA-C8, Instructions to Applicant for Lump-Sum Death Payment.

10. Form OA-C10, Application for Widow's Insurance Benefits (for use of widow who has previously filed an application for wife's insurance benefits, widow's current insurance benefits, or a lump-sum death payment with respect to her deceased husband's wages).

Form Inst. OA-C5.2, Instructions to Appli. cant for Widow's Insurance Benefits.

11. Form OA-C11, Application for Substitution of Payee (for use when substitute payee files application to receive insurance benefits on behalf of self, minor child, or incompetent beneficiary).

In addition to filling the appropriate application form, the claimant must establish by satisfactory evidence the material allegations in his application, except as to wages shown in the Bureau's records. (See 20 CFR, Cum. Supp., 403.702 and 403.703.) Claims application forms, instructions, report forms, and forms for the various proofs necessary to support the claims are available to the public in field offices, itinerant stations, and detached official stations. These offices assist claimants in preparing their applications and in obtaining the proofs required to support their claims. Claims adjudicated in the field offices are subject to review in one of the six area offices of the Bureau. Applications and supporting proofs filed with the Railroad Retirement Board shall be deemed filed with the Bureau as of the date such forms were filed with the Rail. road Retirement Board where compensation credited under the Railroad Retirement Act is considered in determining entitlement and the amount of benefits payable under the Social Security Act. The area office notifies claimants of the action taken on their claims, informing them at the same time of their right to a reconsideration, hearing, or appeal.

Legislation enacted in 1946 extends protection of the survivors provisions of the Social Security Act in certain instances to survivors of servicemen who served in World War II and who died within three years after a discharge occurring prior to July 27, 1951. Benefits

under this legislation are also paid upon application filed in field offices.

Recipients of monthly benefits are variously obligated to report to the Bureau the occurrence of events, which suspend or terminate benefits. Post cards, Forms OA-C611a and OA-C612a, for reporting these events are given the claimant at the time he files application for benefits. Additional ones may be obtained from any field office. (Paragraph (c) amended]

APPENDIX A-FIELD OFFICES Alabama: Anniston, Birmingham, Decatur, Dothan, Gadsden, Mobile, Montgomery, Tuscaloosa.

Arizona: Phoenix, Prescott, Tucson,

Arkansas: El Dorado, Fort Smith, Hot Springs, Jonesboro, Little Rock, Pine Bluff, Texarkana.

California: Bakersfield, Eureka, Fresno, Glendale, Hollywood, Huntington Park, Inglewood, Long Beach, Los Angeles, Oakland, Pasadena, Redding, Sacramento, San Bernardino, San Diego, San Francisco, San Jose, San Mateo, Santa Barbara, Santa Monica, Santa Rosa, Stockton.

Colorado: Colorado Springs, Denver, Grand Junction, Greeley, Pueblo, Trinidad.

Connecticut: Bridgeport, Hartford, Meriden, New Britain, New Haven, New London, Stamford, Torrington, Waterbury.

Delaware: Wilmington.
District of Columbia: Washington, D. C.

Florida: Gainesville, Jacksonville, Miami, Orlando, Pensacola, St. Petersburg, Tallahassee, Tampa, West Palm Beach.

Georgia: Albany, Athens, Atlanta, Augusta, Columbus, La Grange, Macon, Rome, Savannah, Waycross.

Idaho: Boise, Lewiston, Pocatello, Twin Falls.

Illinois: Aurora, Bloomington, Champaign, Chicago (173 West Madison Street; Viceroy Building, 1045 Lawrence Avenue; 703 West Sixty-sixth Street; Paradise Theatre Building, 225 North Pulaski Road; 417 East Fortyseventh Street; 1601 North Milwaukee Avenue; 1610 West Van Buren Street), Cicero, Danville, Decatur, East St. Louis, Evanston, Harrisburg, Harvey, Joliet, Mount Vernon, Oak Park, Peoria, Quincy, Rockford, Rock Island, Springfield, Waukegan.

Indiana: Anderson, Bloomington, Elkhart, Evansville, Fort Wayne, Gary, Hammond, Indianapolis, Kokomo, La Fayette, Muncie, New Albany, Richmond, South Bend, Terre Haute.

Iowa: Cedar Rapids, Davenport, Des Moines, Dubuque, Fort Dodge, Mason City, Ottumwa, Sioux City, Waterloo.

Kansas: Dodge City, Hutchinson, Independence, Kansas City, Pittsburg, Topeka, Salina, Wichita.

Kentucky: Ashland, Bowling Green, Corbin, Covington, Frankfort, Hazard, Lexington, Louisville, Owensboro, Paducah.

Louisiana: Alexandria, Baton Rouge, Lake Charles, Monroe, New Orleans, Shreveport.

Maine: Augusta, Bangor, Lewiston, Portland.

Maryland: Baltimore, Oumberland, Hagerstown, Salisbury.

Massachusetts: Attleboro, Boston (120 Boylston Street; 84 State Street), Brockton, Cambridge, Chelsea, Fall River, Fitchburg, Haverhill, Holyoke, Lawrence, Lowell, Lynn, Malden, New Bedford, Pittsfield, Quincy, Salem, Springfield, Waltham, Worcester,

Michigan: Battle Creek, Bay City, Dearborn, Detroit (Mortgage and Bond Building, 5 West Larned Street; 16400 Woodward Avenue; 8720 Mack Avenue), Escanaba, Flint, Grand Rapids, Jackson, Kalamazoo, Lansing, Marquette, Muskegon, Pontiac, Port Huron, Saginaw, Traverse City.

Minnesota: Albert Lea, Bemidji, Duluth, Minneapolis, Redwood Falls, St. Cloud, St. Paul, Winona.

Mississippi: Columbus, Greenwood, Gullport, Hattiesburg, Jackson, Meridian, Vicksburg.

Missouri: Cape Girardeau, Clayton, Hannibal, Jefferson City, Joplin, Kansas City, St. Joseph, St. Louis (300 Old Post Office Building, Eighth and Olive Streets; 3602 Gravois Avenue), Sedalia, Springfield.

Montana: Billings, Butte, Great Falls, Helena, Missoula.

Nebraska: Grand Island, Lincoln, North Platte, Omaha, Scottsbluff.

Nevada: Las Vegas, Reno.

New Hampshire: Concord, Littleton, Manchester, Nashua, Portsmouth.

New Jersey: Atlantic City, Bridgeton, Camden, Elizabeth, Jersey City, Newark, Passaic, Paterson, Perth Amboy, Trenton.

New Mexico: Albuquerque, Roswell.

New York: Albany, Auburn, Binghamton, Brooklyn (271 Washington Street, Room 745; 1243 Bedford Avenue; 258 Broadway; Loew's Coney Island Theatre Building, 1301 Surf Avenue), Buffalo, Elmira, Glens Falls, Gloversville, Jamaica, Jamestown, Kingston, Long Island City, Newburgh, New Rochelle, New York City (Terminal Building, 215 East One Hundred and Forty-ninth Street; 318 East Kingsbridge Road; 42 Broadway, Room 200; Room 232, Salmon Tower Building, 11 West Forty-second Street; 209 West One Hundred and Twenty-fifth Street; 334 Audubon Avenue), Niagara Falls, Ogdensburg, Oswego, Patchogue, Plattsburg, Poughkeepsie, Rochester, Schenectady, Staten Island, Syracuse, Troy, Utica, Watertown, Yonkers,

North Carolina: Asheville, Charlotte, Durham, 'Fayettesville, Gastonia, Greensboro, Hickory, High Point, Raleigh, Rocky Mount, Salisbury, Wilmington, Winston-Salem.

North Dakota: Bismarck, Fargo, Grand Forks, Minot.

Ohio: Akron, Ashtabula, Canton, Cincinnati, Cleveland (Marshall Building, 11 Public Square; 10609 Superior Avenue; 1400 West Sixty-fifth Street), Columbus, Dayton, HamUton, Lima, Lorain, Mansfield, Marion, Portsmouth, Springfield, Steubenville, Toledo, Warren, Youngstown, Zanesville.

Oklahoma: Ardmore, Enid, Lawton, McAlester, Muskogee, Oklahoma City, Tulsa.

Oregon: Eugene, Klamath Falls, La ande, Portland, Salem.

Pennsylvania: Allentown, Altoona, Ambridge, Braddock, Chester, Du Bois, Easton, Erie, Greensburg, Harrisburg, Hazelton, Johnstown, Lancaster, McKeesport, New Castle, New Kensington, Norristown, Oil City, Philadelphia (901 United States Customhouse; 18 West Chelton Avenue; 3207 Kensington Avenue), Pittsburgh, Pottsville, Reading, Scranton, Uniontown, Wilkes-Barre, Williamsport, York.

Rhode Island: Pawtucket, Providence, Woonsocket.

South Carolina: Charleston, Columbia, Florence, Greenville, Greenwood, Rock Hill, Spartanburg.

South Dakota: Aberdeen, Huron, Rapid City, Sioux Falls.

Tennessee: Chattanooga, Columbia, Dyersburg, Jackson, Johnson City, Knoxville, Memphis, Nashville.

Texas: Abilene, Amarillo, Austin, Beaumont, Brownsville, Corpus Christi, Dallas, El Paso, Fort Worth, Galveston, Houston, Lubbock, Lufkin, Paris, Port Arthur, San Angelo, San Antonio, Tyler, Waco, Wichita Falls. Utah: Ogden, Provo, Salt Lake City. Vermont: Burlington, Montpelier, Rutland.

Virginia: Alexandria, Bristol, Danville, Lynchburg, Newport News, Norfolk, Petersburg, Richmond, Roanoke, Staunton, Winchester.

Washington: Aberdeen, Bellingham, Olympla, Seattle, Spokane, Tacoma, Yakima.

West Virginia: Beckley, Bluefield, Charleston, Clarksburg, Huntington, Logan, Morgantown, Parkersburg, Wheeling.

Wisconsin: Eau Claire, Fond du Lac, Green Bay, Janesville, Kenosha, La Crosse, Madison, Milwaukee, Oshkosh, Racine, Sheboygan, Superior, Wausau.

Wyoming: Casper, Cheyenne, Rock Springs.
Alaska: Juneau.
Hawail: Honolulu.


Chapter 1-Food and Drug Administration, Federal Security Agency.
Chapter II—Bureau of Narcotics, Department of the Treasury.


1 206



NOTE: Other regulations issued by the Federal Security Agency appear in Title 20, Chapters I, III, and IV, Title 42, and Title 45.

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Art (60 Stat. 238; 5 U.S.C. 1002, 1003).


Part 1 Organization and procedures. [Amended) 2 Regulations for the enforcement of the Federal Food, Drug, and Cosmetic

Act. (Amended) 3 Statements of general policy or interpretation. [Added] 15 Cereal flours and related products; definitions and standards of identity.

(Amended) 19 Cheddar cheese; cheese; washed curd cheese; soaked curd cheese; Colby

cheese; definitions and standards of identity. (Note] 25 Definitions and standards of identity for mayonnaise, French dressing, and

related salad dressings. (Note] 27 Canned fruits; definitions and standards of identity; quality and fill of con

tainer. (Amended) Shellfish; definitions and standards of identity; quality and fill of container.

(Note] 51 Canned vegetables; definitions and standards of identity; quality and fill of

container. (Amended) 52 Canned vegetables other than those specifically regulated; definitions and

standards of identity. (Amended) 53 Tomato products; definitions and standards of identity; quality and fill of

container. (Amended] 141 Tests and methods of assay for antibiotic drugs. (Revised) 144 Certification of batches of drugs composed wholly or partly of insulin. (Re

vised] 146 Certification of batches of penicillin- or streptomycin-containing drugs. (Re

vised] 155 Sea food inspection. (Amended] 170 Regulations for the enforcement of the Federal Tea Act. (Amended)

ABBREVIATIONS: The following abbreviations are used in this chapter:

[blocks in formation]
« PreviousContinue »