---
kind: "section"
citation: "20 C.F.R. § 404.251"
title: "20"
number: "404.251"
heading: "Subsequent entitlement to benefits less than 12 months after entitlement to disability benefits ended."
url: "https://uscodex.org/cfr/20/404.251"
---

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

- (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)](#b-3) of this section, we must consider your receipt of a monthly pension based on noncovered employment. (See [§ 404.213](/cfr/20/404.213.md)). 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

[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]