42 U.S.C. § 416 — Additional definitions
submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 6,469 words · no verdicts yet
This law defines family terms used for Social Security benefits, like spouse, child, widow, and disability. It explains who counts as a wife, husband, widow, widower, or eligible child under these rules. It also defines disability, retirement age, and how deadlines work on holidays.
(a) Spouse; surviving spouse
(1) "Spouse" means a wife (as defined in (b)) or a husband (as defined in (f)).
(2) "Surviving spouse" means a widow (as defined in (c)) or a widower (as defined in (g)).
(b) Wife
A woman counts as someone's "wife" if any one of these is true: she is the mother of his son or daughter; she was married to him for at least one year before her application is filed; or, in the month before they married, she already qualified (or would have qualified after turning 62) for certain other Social Security spousal, child, or related railroad-retirement benefits (under section 402, or under section 231a of title 45). If she married him mid-month, she's treated as having been married a full year once the first anniversary of the marriage happens during that month. If she gets divorced, she's treated as unmarried for the whole month the divorce becomes final, for purposes of the child's-insurance-benefit rule in section 402(b)(1)(C).
(c) Widow
(1) A woman counts as someone's "widow" (with one exception noted in the first sentence of section 402(i)) if she is his surviving wife and at least one of these is true: she's the mother of his child; she legally adopted his child, or he legally adopted her child, while they were married and the child was under 18; they were married when both of them jointly adopted a child under 18; except as provided in paragraph (2), she was married to him for at least nine months before he died; or, in the month before they married, she already qualified for certain other Social Security or railroad-retirement benefits (the same three categories described under "Wife" above).
(2) The nine-month marriage rule is treated as met if all of these are true: he had been married before, to a prior wife who became institutionalized during that marriage due to mental incompetence or a similar incapacity; during that institutionalization, he would have divorced the prior wife and married the surviving wife, but didn't because such a divorce would have been unlawful under the laws of the state* where he was domiciled, due to the prior wife's institutionalization; the prior wife remained institutionalized until her death; and he married the surviving wife within 60 days after the prior wife's death.
(d) Divorced spouses; divorce
A "divorced wife" or "divorced husband" is someone divorced from an individual after being married to them for a period of 10 years immediately before the divorce became effective. A "surviving divorced wife" or "surviving divorced husband" is the same, but the individual has since died. A "surviving divorced mother" or "surviving divorced father" is a divorced parent of the deceased individual's child — through birth or through adoption, including cases where they jointly adopted a child under 18 while married. Together, these are called a "surviving divorced parent." The terms "divorce" and "divorced" refer to a complete legal divorce ("a vinculo matrimonii").
(e) Child
"Child" means: the biological or legally adopted child of an individual; a stepchild who has held that status for at least one year before applying for child's insurance benefits (or nine months, if the insured individual has died); or a grandchild or step-grandchild of the individual or spouse, but only if either (A) no natural or adoptive parent of that child (other than a disabled one) was alive when the insured individual became entitled to old-age or disability benefits, or died, or when a relevant period of disability began, or (B) the child was legally adopted after the individual's death by the individual's surviving spouse, and the child's own parent or stepparent wasn't living in the individual's household and supporting the child when the individual died. Special rules fill in gaps: a child can be treated as legally adopted as of the date of death if they were living with, or getting at least half their support from, the individual, and adoption proceedings had started before the individual's death (or the child was adopted by the surviving spouse within two years after the death or after August 28, 1958); someone can be deemed a "stepchild" even without a technically valid marriage, if the parents went through a marriage ceremony that would have been valid but for a legal impediment described in subsection (h)(1)(B); and a stepchild relationship is treated as reaching one year on the anniversary date within that month. A person* is treated as having no living natural or adoptive parent starting the most recent month in which the last such (non-disabled) parent dies.
(f) Husband
The mirror image of "Wife" above: a man counts as someone's "husband" if he's the father of her child, was married to her for at least a year before his application is filed, or in the month before marriage already qualified for the equivalent spousal, child, or railroad-retirement benefits under section 402(c), (f), or (h), or section 231a of title 45. The same one-year-anniversary and divorced-month rules apply as under "Wife."
(g) Widower
The mirror image of "Widow": a man counts as someone's "widower" under the same tests — fatherhood, joint adoption of a child under 18, a nine-month marriage before her death (or the same institutionalized-prior-spouse exception described for widows), or pre-marriage entitlement to certain benefits.
(h) Determination of family status
(1)(A) Whether an applicant is the wife, husband, widow, or widower of an insured individual depends on whether the courts of the state where the insured individual is (or was, if deceased) domiciled would find them validly married at the relevant time. If not, the applicant can still qualify if, under that state's laws governing inheritance of property without a will, the applicant would have the same status as a spouse for taking such property.
(B)(i) Even if neither test above is met, an applicant who, in good faith, went through a marriage ceremony that would have been valid except for a legal impediment they didn't know about at the time, is deemed validly married for these purposes — but only if the applicant and the insured individual were living in the same household when the insured individual died (or, if living, when the application is filed). This deemed marriage continues to count as valid even if the couple later stops living together before the insured individual's death.
(ii) This deeming rule doesn't apply if the Commissioner of Social Security determines the applicant knew, when entering the purported marriage, that it wouldn't be valid.
(iii) Benefits based on this deemed marriage stop the month before the person enters a different marriage that is fully valid on its own.
(iv) A disqualifying "legal impediment" here means only an impediment from an earlier marriage that was never properly dissolved, or from a defect in how the marriage ceremony itself was carried out.
(2)(A) Whether an applicant is the child or parent of an insured individual follows the same state inheritance-law test described above.
(B) A son or daughter who doesn't qualify as a "child" under that test can still qualify if their parents went through a marriage ceremony that would have been valid but for the same kind of legal impediment described in paragraph (1)(B).
(3) A son or daughter who still doesn't qualify as a "child" under paragraph (2) can qualify anyway if the insured individual formally acknowledged them in writing, was decreed by a court to be their parent, or was ordered by a court to support them — with the required timing of that acknowledgment, decree, or order depending on whether the insured individual is drawing old-age benefits, drawing disability benefits, or has died. Alternatively, the child can qualify if there's satisfactory evidence the insured individual was the parent and was living with or contributing to the child's support at the time the application was filed (or, for a deceased individual, at the time of death).
(i) Disability; period of disability
(1) Except for purposes of a few listed benefit categories (sections 402(d), (e), (f), 423, and 425), "disability" means either the inability to do any substantial gainful work because of a medically determinable physical or mental impairment expected to last at least 12 months or result in death, or "blindness." "Blindness" means central visual acuity of 20/200 or less in the better eye with corrective lenses, or an equally severe limit on the field of vision. Certain disability-determination rules from section 423(d) apply here too. Nothing in this subchapter lets the Commissioner of Social Security or any other federal officer or employee interfere with the practice of medicine, the relationship between doctors and patients, or the operation of any hospital.
(2)(A) A "period of disability" is a continuous stretch of disability lasting at least five full calendar months, or shorter if the person already received disability benefits for one or more months during it.
(B) This period can't start unless the person files an application for a disability determination, and it can't start after the person reaches retirement age. If the person has died, their family has three months after the death to file that application.
(C) The period begins on the actual day the disability began, if the person met the insured-status requirements of paragraph (3) that day — otherwise it begins the first day of the first calendar quarter* afterward in which they do meet them.
(D) The period ends at the close of whichever is earlier: the month before the person reaches retirement age, or the month before their disability benefits are set to terminate or stop being payable under section 423.
(E)-(F) Applications filed more than 12 months after the disability period officially ended are normally rejected — but there's an exception for disabilities ending after January 1968: if the application is filed within 36 months of when the disability ended, the person is alive when applying, and the Commissioner finds the delay was because a physical or mental condition made the person unable to apply sooner, it can still be accepted. A parallel, more detailed transition rule applies to disabilities that ended in or before January 1968.
(G) An application filed too early — before the person actually satisfies the requirements for a period of disability — still counts, and is treated as filed on the day they first do satisfy those requirements, as long as they satisfy them before a final decision (or, if a hearing is requested, before the hearing decision) is made on the application.
(3) To meet the insured-status test for a given calendar quarter, a person must: (A) have been "fully insured" (as defined in section 414) as if they had turned 62 and applied for old-age benefits on the first day of that quarter; and (B) have enough recent "quarters of coverage" — generally 20 out of the last 40 quarters, though a reduced requirement (based on quarters worked since turning 21, with a 12-quarter look-back for very young workers) applies to people who become disabled before turning 31, and to people whose current disability follows an earlier qualifying disability that began before they turned 31. This quarters-of-coverage requirement doesn't apply to someone who is blind.
(j) Periods of limitation ending on nonwork days
If this subchapter, a related federal law, or a Social Security regulation sets a deadline for doing something that affects benefit eligibility or amount, and that deadline falls on a Saturday, Sunday, legal holiday, or other declared federal nonwork day, the act is treated as timely if done on the next day that isn't one of those. This also applies to the day an authorized extension of such a deadline ends. This rule does not extend how far back benefits can be paid, or how late an application can still be accepted as timely, under the specific limits set in sections 402(j) and 423(b).
(k) Waiving the nine-month marriage requirement
The nine-month marriage requirement for a widow, widower, or stepchild (described in subsections (c)(1)(E), (g)(1)(E), and (e)) is waived if the insured individual dies within that nine-month window and any of these apply: (1) the death was accidental, or occurred in the line of duty while the individual was a member of a uniformed service on active duty (unless the Commissioner finds the individual wasn't reasonably expected to live nine months at the time of the marriage anyway); or (2) the widow or widower (or stepchild's parent) had been married to the individual before, divorced, and the nine-month rule would have been met at the time of that divorce had the earlier marriage ended in death instead — except this waiver doesn't apply if the Commissioner finds the individual wasn't reasonably expected to live nine months at the time of that earlier marriage. A death counts as "accidental" if it results directly and solely from a violent, external, accidental injury, independent of other causes, and death follows no later than three months after the injury.
(l) Retirement age
(1) "Retirement age" is: 65, for people who reach early retirement age before 2000; 65 plus a gradually rising number of months, for those reaching it between 2000 and 2004; 66, for those reaching it between 2005 and 2016; 66 plus a gradually rising number of months, for those reaching it between 2017 and 2021; and 67, for anyone reaching early retirement age after 2021.
(2) "Early retirement age" is 62 for an old-age, wife's, or husband's benefit, and 60 for a widow's or widower's benefit.
(3) For the two gradual-increase periods, the "age increase factor" is calculated as two-twelfths of a month for each month that has passed: for people reaching early retirement age in 2000–2004, counted from January 2000; for people reaching it in 2017–2021, counted from January 2017.
For the purposes of this subchapter—
The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f).
The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g).
The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of section 402 of this title, (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (C) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45. For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of subparagraph (C) of section 402(b)(1) of this title, a divorced wife shall be deemed not to be married throughout the month in which she becomes divorced.
The term “widow” (except when used in the first sentence of section 402(i) of this title) means the surviving wife of an individual, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of eighteen, (D) she was married to him at the time both of them legally adopted a child under the age of eighteen, (E) except as provided in paragraph (2), she was married to him for a period of not less than nine months immediately prior to the day on which he died, or (F) in the month prior to the month of her marriage to him (i) she was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of section 402 of this title, (ii) she had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (iii) she was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45.
The requirements of paragraph (1)(E) in connection with the surviving wife of an individual shall be treated as satisfied if—
the individual had been married prior to the individual’s marriage to the surviving wife,
the prior wife was institutionalized during the individual’s marriage to the prior wife due to mental incompetence or similar incapacity,
during the period of the prior wife’s institutionalization, the individual would have divorced the prior wife and married the surviving wife, but the individual did not do so because such divorce would have been unlawful, by reason of the prior wife’s institutionalization, under the laws of the State* in which the individual was domiciled at the time (as determined based on evidence satisfactory to the Commissioner of Social Security),
the prior wife continued to remain institutionalized up to the time of her death, and
the individual married the surviving wife within 60 days after the prior wife’s death.
The term “divorced wife” means a woman divorced from an individual, but only if she had been married to such individual for a period of 10 years immediately before the date the divorce became effective.
The term “surviving divorced wife” means a woman divorced from an individual who has died, but only if she had been married to the individual for a period of 10 years immediately before the date the divorce became effective.
The term “surviving divorced mother” means a woman divorced from an individual who has died, but only if (A) she is the mother of his son or daughter, (B) she legally adopted his son or daughter while she was married to him and while such son or daughter was under the age of 18, (C) he legally adopted her son or daughter while she was married to him and while such son or daughter was under the age of 18, or (D) she was married to him at the time both of them legally adopted a child under the age of 18.
The term “divorced husband” means a man divorced from an individual, but only if he had been married to such individual for a period of 10 years immediately before the date the divorce became effective.
The term “surviving divorced husband” means a man divorced from an individual who has died, but only if he had been married to the individual for a period of 10 years immediately before the divorce became effective.
The term “surviving divorced father” means a man divorced from an individual who has died, but only if (A) he is the father of her son or daughter, (B) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of 18, (C) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of 18, or (D) he was married to her at the time both of them legally adopted a child under the age of 18.
The term “surviving divorced parent” means a surviving divorced mother as defined in paragraph (3) of this subsection or a surviving divorced father as defined in paragraph (6).
The terms “divorce” and “divorced” refer to a divorce a vinculo matrimonii.
The term “child” means (1) the child or legally adopted child of an individual, (2) a stepchild who has been such stepchild for not less than one year immediately preceding the day on which application for child’s insurance benefits is filed or (if the insured individual is deceased) not less than nine months immediately preceding the day on which such individual died, and (3) a person* who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 423(d) of this title) of such person living at the time (i) such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (ii) if such individual had a period of disability which continued until such individual became entitled to old-age insurance benefits or disability insurance benefits, or died, at the time such period of disability began, or (B) such person was legally adopted after the death of such individual by such individual’s surviving spouse in an adoption that was decreed by a court of competent jurisdiction within the United States* and such person’s natural or adopting parent or stepparent was not living in such individual’s household and making regular contributions toward such person’s support at the time such individual died. For purposes of clause (1), a person shall be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if such person was either living with or receiving at least one-half of his support from such individual at the time of such individual’s death and was legally adopted by such individual’s surviving spouse after such individual’s death but only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual’s surviving spouse before the end of two years after (i) the day on which such individual died or (ii) August 28, 1958. For purposes of clause (2), a person who is not the stepchild of an individual shall be deemed the stepchild of such individual if such individual was not the mother or adopting mother or the father or adopting father of such person and such individual and the mother or adopting mother, or the father or adopting father, as the case may be, of such person went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of subsection (h)(1)(B), would have been a valid marriage. For purposes of clause (2), a child shall be deemed to have been the stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year. For purposes of clause (3), a person shall be deemed to have no natural or adoptive parent living (other than a parent who was under a disability) throughout the most recent month in which a natural or adoptive parent (not under a disability) dies.
The term “husband” means the husband of an individual, but only if (1) he is the father of her son or daughter, (2) he was married to her for a period of not less than one year immediately preceding the day on which his application is filed, or (3) in the month prior to the month of his marriage to her (A) he was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (c), (f) or (h) of section 402 of this title, (B) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45. For purposes of clause (2), a husband shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her. For purposes of subparagraph (C) of section 402(c)(1) of this title, a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.
The term “widower” (except when used in the first sentence of section 402(i) of this title) means the surviving husband of an individual, but only if (A) he is the father of her son or daughter, (B) he legally adopted her son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (C) she legally adopted his son or daughter while he was married to her and while such son or daughter was under the age of eighteen, (D) he was married to her at the time both of them legally adopted a child under the age of eighteen, (E) except as provided in paragraph (2), he was married to her for a period of not less than nine months immediately prior to the day on which she died, or (F) in the month before the month of his marriage to her (i) he was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (c), (f) or (h) of section 402 of this title, (ii) he had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to section 402(s) of this title), or (iii) he was entitled to, or on application therefor and attainment of the required age (if any) he would have been entitled to, a widower’s, child’s (after attainment of age 18), or parent’s insurance annuity under section 231a of title 45.
The requirements of paragraph (1)(E) in connection with the surviving husband of an individual shall be treated as satisfied if—
the individual had been married prior to the individual’s marriage to the surviving husband,
the prior husband was institutionalized during the individual’s marriage to the prior husband due to mental incompetence or similar incapacity,
during the period of the prior husband’s institutionalization, the individual would have divorced the prior husband and married the surviving husband, but the individual did not do so because such divorce would have been unlawful, by reason of the prior husband’s institutionalization, under the laws of the State in which the individual was domiciled at the time (as determined based on evidence satisfactory to the Commissioner of Social Security),
the prior husband continued to remain institutionalized up to the time of his death, and
the individual married the surviving husband within 60 days after the prior husband’s death.
An applicant is the wife, husband, widow, or widower of a fully or currently insured individual* for purposes of this subchapter if the courts of the State in which such insured individual is domiciled at the time such applicant files and application, or, if such insured individual is dead, the courts of the State in which he was domiciled at the time of death, or, if such insured individual is or was not so domiciled in any State, the courts of the District of Columbia, would find that such applicant and such insured individual were validly married at the time such applicant files such application or, if such insured individual is dead, at the time he died.
If such courts would not find that such applicant and such insured individual were validly married at such time, such applicant shall, nevertheless be deemed to be the wife, husband, widow, or widower, as the case may be, of such insured individual if such applicant would, under the laws applied by such courts in determining the devolution of intestate personal property, have the same status with respect to the taking of such property as a wife, husband, widow, or widower of such insured individual.
In any case where under subparagraph (A) an applicant is not (and is not deemed to be) the wife, widow, husband, or widower of a fully or currently insured individual, or where under subsection (b), (c), (d), (f), or (g) such applicant is not the wife, divorced wife, widow, surviving divorced wife, husband, divorced husband, widower, or surviving divorced husband of such individual, but it is established to the satisfaction of the Commissioner of Social Security that such applicant in good faith went through a marriage ceremony with such individual resulting in a purported marriage between them which, but for a legal impediment not known to the applicant at the time of such ceremony, would have been a valid marriage, then, for purposes of subparagraph (A) and subsections (b), (c), (d), (f), and (g), such purported marriage shall be deemed to be a valid marriage. Notwithstanding the preceding sentence, in the case of any person who would be deemed under the preceding sentence a wife, widow, husband, or widower of the insured individual, such marriage shall not be deemed to be a valid marriage unless the applicant and the insured individual were living in the same household at the time of the death of the insured individual or (if the insured individual is living) at the time the applicant files the application. A marriage that is deemed to be a valid marriage by reason of the preceding sentence shall continue to be deemed a valid marriage if the insured individual and the person entitled to benefits as the wife or husband of the insured individual are no longer living in the same household at the time of the death of such insured individual.
The provisions of clause (i) shall not apply if the Commissioner of Social Security determines, on the basis of information brought to the Commissioner’s attention, that such applicant entered into such purported marriage with such insured individual with knowledge that it would not be a valid marriage.
The entitlement to a monthly benefit under subsection (b) or (c) of section 402 of this title, based on the wages* and self-employment income* of such insured individual, of a person who would not be deemed to be a wife or husband of such insured individual but for this subparagraph, shall end with the month before the month in which such person enters into a marriage, valid without regard to this subparagraph, with a person other than such insured individual.
For purposes of this subparagraph, a legal impediment to the validity of a purported marriage includes only an impediment (I) resulting from the lack of dissolution of a previous marriage or otherwise arising out of such previous marriage or its dissolution, or (II) resulting from a defect in the procedure followed in connection with such purported marriage.
In determining whether an applicant is the child or parent of a fully or currently insured individual for purposes of this subchapter, the Commissioner of Social Security shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or, if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a child or parent shall be deemed such.
If an applicant is a son or daughter of a fully or currently insured individual but is not (and is not deemed to be) the child of such insured individual under subparagraph (A), such applicant shall nevertheless be deemed to be the child of such insured individual if such insured individual and the mother or father, as the case may be, of such applicant went through a marriage ceremony resulting in a purported marriage between them which, but for a legal impediment described in the last sentence of paragraph (1)(B), would have been a valid marriage.
An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2) of this subsection, shall nevertheless be deemed to be the child of such insured individual if:
in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)—
such insured individual—
has acknowledged in writing that the applicant is his or her son or daughter,
has been decreed by a court to be the mother or father of the applicant, or
has been ordered by a court to contribute to the support of the applicant because the applicant is his or her son or daughter,
and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained retirement age (as defined in subsection (l)), whichever is earlier; or
such insured individual is shown by evidence satisfactory to the Commissioner of Social Security to be the mother or father of the applicant and was living with or contributing to the support of the applicant at the time such applicant’s application for benefits was filed;
in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he or she was entitled to old-age insurance benefits—
such insured individual—
has acknowledged in writing that the applicant is his or her son or daughter,
has been decreed by a court to be the mother or father of the applicant, or
has been ordered by a court to contribute to the support of the applicant because the applicant is his or her son or daughter,
and such acknowledgment, court decree, or court order was made before such insured individual’s most recent period of disability began; or
such insured individual is shown by evidence satisfactory to the Commissioner of Social Security to be the mother or father of the applicant and was living with or contributing to the support of that applicant at the time such applicant’s application for benefits was filed;
in the case of a deceased individual—
such insured individual—
had acknowledged in writing that the applicant is his or her son or daughter,
had been decreed by a court to be the mother or father of the applicant, or
had been ordered by a court to contribute to the support of the applicant because the applicant was his or her son or daughter,
and such acknowledgment, court decree, or court order was made before the death of such insured individual, or
such insured individual is shown by evidence satisfactory to the Commissioner of Social Security to have been the mother or father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died.
For purposes of subparagraphs (A)(i) and (B)(i), an acknowledgement, court decree, or court order shall be deemed to have occurred on the first day of the month in which it actually occurred.
Except for purposes of sections 402(d), 402(e), 402(f), 423, and 425 of this title, the term “disability” means (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months, or (B) blindness; and the term “blindness” means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less. The provisions of paragraphs (2)(A), (2)(B), (3), (4), (5), and (6) of section 423(d) of this title shall be applied for purposes of determining whether an individual is under a disability within the meaning of the first sentence of this paragraph in the same manner as they are applied for purposes of paragraph (1) of such section. Nothing in this subchapter shall be construed as authorizing the Commissioner of Social Security or any other officer or employee of the United States to interfere in any way with the practice of medicine or with relationships between practitioners of medicine and their patients, or to exercise any supervision or control over the administration* or operation of any hospital.
The term “period of disability” means a continuous period (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than five full calendar months’ duration or such individual was entitled to benefits under section 423 of this title for one or more months in such period.
No period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period; and no such period shall begin as to any individual after such individual attains retirement age (as defined in subsection (l)). In the case of a deceased individual, the requirement of an application under the preceding sentence may be satisfied by an application for a disability determination filed with respect to such individual within 3 months after the month in which he died.
A period of disability shall begin—
on the day the disability began, but only if the individual satisfies the requirements of paragraph (3) on such day; or
if such individual does not satisfy the requirements of paragraph (3) on such day, then on the first day of the first quarter thereafter in which he satisfies such requirements.
A period of disability shall end with the close of whichever of the following months is the earlier: (i) the month preceding the month in which the individual attains retirement age (as defined in subsection (l)), or (ii) the month preceding (I) the termination month (as defined in section 423(a)(1) of this title), or, if earlier (II) the first month for which no benefit is payable by reason of section 423(e) of this title, where no benefit is payable for any of the succeeding months during the 36-month period referred to in such section. The provisions set forth in section 423(f) of this title with respect to determinations of whether entitlement to benefits under this subchapter or subchapter XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling).
Except as is otherwise provided in subparagraph (F), no application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraph (B) and this subparagraph) shall be accepted as an application for purposes of this paragraph.
An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if—
in the case of an application filed by or on behalf of an individual with respect to a disability which ends after January 1968, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Commissioner of Social Security finds in accordance with regulations prescribed by the Commissioner that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and
in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before January 1968—
such application is filed not more than 12 months after January 1968,
a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before January 1968, and (2) not more than 36 months after the month in which his disability ended, and
the Commissioner of Social Security finds in accordance with regulations prescribed by the Commissioner, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application.
In making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made.
An application for a disability determination filed before the first day on which the applicant satisfies the requirements for a period of disability under this subsection shall be deemed a valid application (and shall be deemed to have been filed on such first day) only if the applicant satisfies the requirements for a period of disability before the Commissioner of Social Security makes a final decision on the application and no request under section 405(b) of this title for notice and opportunity for a hearing thereon is made or, if such a request is made, before a decision based upon the evidence adduced at the hearing is made (regardless of whether such decision becomes the final decision of the Commissioner of Social Security).
The requirements referred to in clauses (i) and (ii) of paragraph (2)(C) of this subsection are satisfied by an individual with respect to any quarter only if—
he would have been a fully insured individual* (as defined in section 414 of this title) had he attained age 62 and filed application for benefits under section 402(a) of this title on the first day of such quarter; and
he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or
if such quarter ends before he attains (or would attain) age 31, not less than one-half (and not less than 6) of the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage, or
in the case of an individual (not otherwise insured under clause (i)) who, by reason of clause (ii), had a prior period of disability that began during a period before the quarter in which he or she attained age 31, not less than one-half of the quarters beginning after such individual attained age 21 and ending with such quarter are quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter are quarters of coverage;
except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of “blindness” as defined in paragraph (1)). For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage*.
Where this subchapter, any provision of another law of the United States (other than the Internal Revenue Code of 1986) relating to or changing the effect of this subchapter, or any regulation issued by the Commissioner of Social Security pursuant thereto provides for a period within which an act is required to be done which affects eligibility for or the amount of any benefit or payment under this subchapter or is necessary to establish or protect any rights under this subchapter, and such period ends on a Saturday, Sunday, or legal holiday, or on any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive order, then such act shall be considered as done within such period if it is done on the first day thereafter which is not a Saturday, Sunday, or legal holiday or any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive order. For purposes of this subsection, the day on which a period ends shall include the day on which an extension of such period, as authorized by law or by the Commissioner of Social Security pursuant to law, ends. The provisions of this subsection shall not extend the period during which benefits under this subchapter may (pursuant to section 402(j)(1) or 423(b) of this title) be paid for months prior to the day application for such benefits is filed, or during which an application for benefits under this subchapter may (pursuant to section 402(j)(2) or 423(b) of this title) be accepted as such.
The requirement in clause (E) of subsection (c)(1) or clause (E) of subsection (g)(1) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual’s widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual’s child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if—
his death—
is accidental, or
occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 410(l)(2) of this title),
unless the Commissioner of Social Security determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months, or
the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or
the stepchild of such individual had been the stepchild of such individual during a previous marriage of such stepchild’s parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce;
except that paragraph (2) of this subsection shall not apply if the Commissioner of Social Security determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (1)(A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.
The term “retirement age” means—
with respect to an individual who attains early retirement age (as defined in paragraph (2)) before January 1, 2000, 65 years of age;
with respect to an individual who attains early retirement age after December 31, 1999, and before January 1, 2005, 65 years of age plus the number of months in the age increase factor (as determined under paragraph (3)) for the calendar year in which such individual attains early retirement age;
with respect to an individual who attains early retirement age after December 31, 2004, and before January 1, 2017, 66 years of age;
with respect to an individual who attains early retirement age after December 31, 2016, and before January 1, 2022, 66 years of age plus the number of months in the age increase factor (as determined under paragraph (3)) for the calendar year in which such individual attains early retirement age; and
with respect to an individual who attains early retirement age after December 31, 2021, 67 years of age.
The term “early retirement age” means age 62 in the case of an old-age, wife’s, or husband’s insurance benefit, and age 60 in the case of a widow’s or widower’s insurance benefit.
The age increase factor for any individual who attains early retirement age in a calendar year within the period to which subparagraph (B) or (D) of paragraph (1) applies shall be determined as follows:
With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2000 through 2004, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains early retirement age.
With respect to an individual who attains early retirement age in the 5-year period consisting of the calendar years 2017 through 2021, the age increase factor shall be equal to two-twelfths of the number of months in the period beginning with January 2017 and ending with December of the year in which the individual attains early retirement age.
Source credit: (Aug. 14, 1935, ch. 531, title II, § 216, as added Aug. 28, 1950, ch. 809, title I, § 104(a), 64 Stat. 492, 510; amended July 18, 1952, ch. 945, § 3(d), 66 Stat. 771; Sept. 1, 1954, ch. 1206, title I, § 106(d), 68 Stat. 1080; Aug. 1, 1956, ch. 836, title I, §§ 102(a), (d)(12), 103(c)(6), 70 Stat. 809, 815, 818; Pub. L. 85–109, § 1, July 17, 1957, 71 Stat. 308; Pub. L. 85–238, § 3(h), Aug. 30, 1957, 71 Stat. 519; Pub. L. 85–840, title II, §§ 201, 203, 204(a), title III, §§ 301(a)(2), (b)(2), (c)(2), (d), (e), 302(a), 305(b), Aug. 28, 1958, 72 Stat. 1020, 1021, 1026–1028, 1030; Pub. L. 86–778, title II, §§ 207(a)–(c), 208(a)–(c), title IV, §§ 402(e), 403(c), title VII, § 703, Sept. 13, 1960, 74 Stat. 950–952, 968, 969, 994; Pub. L. 87–64, title I, §§ 102(b)(2)(D), (c)(1), (2)(B), (3)(C), 105, June 30, 1961, 75 Stat. 134, 135, 139; Pub. L. 88–650, § 1(a)–(c), Oct. 13, 1964, 78 Stat. 1075; Pub. L. 89–97, title III, §§ 303(a)(1), (b)(1), (2), 304(l), 306(c)(13), 308(c), (d)(2)(B), 328(b), 334(a)–(d), 339(a), 344(a), July 30, 1965, 79 Stat. 366, 367, 370, 373, 377, 378, 400, 404, 405, 409, 412; Pub. L. 90–248, title I, §§ 104(d)(2), 105(a), 111(a), 150(a), 156(a)–(d), 158(d), 172(a), (b), Jan. 2, 1968, 81 Stat. 832, 833, 837, 860, 866, 869, 877; Pub. L. 92–603, title I, §§ 104(g), 113(a), 115(b), 116(d), 117(a), 118(b), 145(a), Oct. 30, 1972, 86 Stat. 1341, 1347, 1349–1351, 1370; Pub. L. 93–445, title III, § 304, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 95–216, title III, § 337(a), Dec. 20, 1977, 91 Stat. 1548; Pub. L. 96–265, title III, §§ 303(b)(2)(B), 306(b), June 9, 1980, 94 Stat. 453, 457; Pub. L. 96–473, § 5(a)(2), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 97–35, title XXII, §§ 2202(a)(2), 2203(b)(2), (c)(2), (d)(3), (4), Aug. 13, 1981, 95 Stat. 835–837; Pub. L. 98–21, title II, § 201(a), (c)(1)(D), title III, §§ 301(c), 303, 304(c), 306(c), 309(j), (k), 332(a), 333(a), Apr. 20, 1983, 97 Stat. 107, 109, 111, 112, 114, 117, 129; Pub. L. 98–369, div. B, title VI, §§ 2661(l), 2662(c)(1), 2663(a)(11), July 18, 1984, 98 Stat. 1158, 1159, 1164; Pub. L. 98–460, §§ 2(b), 4(a)(2), Oct. 9, 1984, 98 Stat. 1796, 1800; Pub. L. 100–203, title IX, § 9010(e)(1), Dec. 22, 1987, 101 Stat. 1330–294; Pub. L. 101–508, title V, §§ 5103(b)(1), 5104(a), 5119(a), (b), Nov. 5, 1990, 104 Stat. 1388–251, 1388–254, 1388–278, 1388–279; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(c)(6)(H), Aug. 15, 1994, 108 Stat. 1478, 1538; Pub. L. 108–203, title IV, § 414(a)–(c), Mar. 2, 2004, 118 Stat. 529, 530.)
- 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 64 Stat. 492, 510
- 1952Amended · Act of July 18, 1952, ch. 945 · 66 Stat. 771
- 1954Amended · Act of Sept. 1, 1954, ch. 1206 · 68 Stat. 1080
- 1956Amended · Act of Aug. 1, 1956, ch. 836 · 70 Stat. 809, 815, 818
- 1957Amended · Pub. L. 85-109 · 71 Stat. 308
- 1957Amended · Pub. L. 85-238 · 71 Stat. 519
- 1958Amended · Pub. L. 85-840 · 72 Stat. 1020, 1021, 1026
- 1960Amended · Pub. L. 86-778 · 74 Stat. 950
- 1961Amended · Pub. L. 87-64 · 75 Stat. 134, 135, 139
- 1964Amended · Pub. L. 88-650 · 78 Stat. 1075
- 1965Amended · Pub. L. 89-97 · 79 Stat. 366, 367, 370, 373, 377, 378, 400, 404, 405, 409, 412
- 1968Amended · Pub. L. 90-248 · 81 Stat. 832, 833, 837, 860, 866, 869, 877
- 1972Amended · Pub. L. 92-603 · 86 Stat. 1341, 1347, 1349
- 1974Amended · Pub. L. 93-445 · 88 Stat. 1358
- 1977Amended · Pub. L. 95-216 · 91 Stat. 1548
- 1980Amended · Pub. L. 96-265 · 94 Stat. 453, 457
- 1980Amended · Pub. L. 96-473 · 94 Stat. 2265
- 1981Amended · Pub. L. 97-35 · 95 Stat. 835
- 1983Amended · Pub. L. 98-21 · 97 Stat. 107, 109, 111, 112, 114, 117, 129
- 1984Amended · Pub. L. 98-369 · 98 Stat. 1158, 1159, 1164
- 1984Amended · Pub. L. 98-460 · 98 Stat. 1796, 1800
- 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1994Amended · Pub. L. 103-296 · 108 Stat. 1478, 1538
- 2004Amended · Pub. L. 108-203 · 118 Stat. 529, 530
A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.
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