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Notes

20 C.F.R. §§ 404.250–404.252

3 sections in range

§404.250. Special computation rules for people who had a period of disability.

20 C.F.R. § 404.250

If you were disabled at some time in your life, received disability insurance benefits, and those benefits were terminated because you recovered from your disability or because you engaged in substantial gainful activity, special rules apply in computing your primary insurance amount when you become eligible after 1978 for old-age insurance benefits or if you become re-entitled to disability insurance benefits or die. (For purposes of §§ 404.250 through 404.252, we use the term second entitlement to refer to this situation.) There are two sets of rules:
(a)
Second entitlement within 12 months. If 12 months or fewer pass between the last month for which you received a disability insurance benefit and your second entitlement, see the rules in § 404.251; and
(b)
Second entitlement after more than 12 months. If more than 12 months pass between the last month for which you received a disability insurance benefit and your second entitlement, see the rules in § 404.252.
Notes, amendments, and revision history

Authority

Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)).

Source

Source: 47 FR 30734, July 15, 1982, unless otherwise noted.

§404.251. Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended.

20 C.F.R. § 404.251

(a)
Disability before 1979; second entitlement after 1978. In this situation, we compute your second-entitlement primary insurance amount by selecting the highest of the following:
(1)
The primary insurance amount to which you were entitled when you last received a benefit, increased by any automatic cost-of-living or ad hoc increases in primary insurance amounts that took effect since then;
(2)
The primary insurance amount resulting from a recomputation of your primary insurance amount, if one is possible; or
(3)
The primary insurance amount computed for you as of the time of your second entitlement under any method for which you are qualified at that time, including the average-indexed-monthly-earnings method if the previous period of disability is disregarded.
(b)
Disability and second entitlement after 1978. In this situation, we compute your second-entitlement primary insurance amount by selecting the highest of the following:
(1)
The primary insurance amount to which you were entitled when you last received a benefit, increased by any automatic cost-of-living or ad hoc increases in primary insurance amount that took effect since then;
(2)
The primary insurance amount resulting from a recomputation of your primary insurance amount, if one is possible (this recomputation may be under the average-indexed-monthly-earnings method only); or
(3)
The primary insurance amount computed for you as of the time of your second entitlement under any method (including an old-start method) for which you are qualified at that time.
(c)
Disability before 1986; second entitlement after 1985. When applying the rule in paragraph (b)(3) of this section, we must consider your receipt of a monthly pension based on noncovered employment. (See § 404.213). However, we will disregard your monthly pension if you were previously entitled to disability benefits before 1986 and in any of the 12 months before your second entitlement.
Notes, amendments, and revision history

Amendments

[47 FR 30734, July 15, 1982, as amended at 52 FR 47918, Dec. 17, 1987]

Authority

Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)).

Source

Source: 47 FR 30734, July 15, 1982, unless otherwise noted.

Amendments

[47 FR 30734, July 15, 1982, as amended at 52 FR 47918, Dec. 17, 1987]

§404.252. Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended.

20 C.F.R. § 404.252

In this situation, we compute your second-entitlement primary insurance amount by selecting the higher of the following:
(a)
New primary insurance amount. The primary insurance amount computed as of the time of your second entitlement under any of the computation methods for which you qualify at the time of your second entitlement; or
(b)
Previous primary insurance amount. The primary insurance amount to which you were entitled in the last month for which you were entitled to a disability insurance benefit.
Notes, amendments, and revision history

Authority

Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)).

Source

Source: 47 FR 30734, July 15, 1982, unless otherwise noted.