Amendments
2020—Subsec. (a)(1). Pub. L. 116–250 substituted “(ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled to such insurance benefits, or (iii)” for “or (ii)” in concluding provisions.
2015—Subsec. (d)(4)(C). Pub. L. 114–74, § 825(a), added subpar. (C).
Subsec. (d)(5)(C). Pub. L. 114–74, § 812(a), added subpar. (C).
2004—Subsec. (a)(1)(C) to (E). Pub. L. 108–203 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.
1999—Subsecs. (i), (j). Pub. L. 106–170 added subsec. (i) and redesignated former subsec. (i) as (j).
1996—Subsec. (d)(2)(C). Pub. L. 104–121, § 105(a)(1), added subpar. (C).
Subsec. (d)(4)(A). Pub. L. 104–121, § 102(b)(2), substituted “an amount equal to the exempt amount which would be applicable under section 403(f)(8) of this title, to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens’ Right to Work Act of 1996 had not been enacted” for “the exempt amount under section 403(f)(8) of this title which is applicable to individuals described in subparagraph (D) thereof”.
1994—Subsecs. (b), (d)(2)(B). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (d)(4). Pub. L. 103–296, § 201(a)(4)(A), designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 103–296, § 107(a)(4), in par. (4) as amended by Pub. L. 103–296, § 201(a)(4)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (d)(5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (f). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places in closing provisions.
Subsec. (f)(2)(A). Pub. L. 103–296, § 321(f)(1)(A), struck out “(in a case to which clause (ii)(II) does not apply)” after “new medical evidence and” in introductory provisions.
Subsec. (f)(2)(B)(ii). Pub. L. 103–296, § 321(f)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: “the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or”.
Subsecs. (g), (h). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing, “the Commissioner’s” for “his” in subsec. (h)(1), and “Commissioner’s” for “Secretary’s” in subsec. (h)(2).
Subsec. (i). Pub. L. 103–296, § 321(a)(19), inserted heading.
1990—Subsec. (d)(2)(A). Pub. L. 101–508, § 5103(a)(1), struck out “(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 402(e) or (f) of this title)” after “An individual”.
Subsec. (d)(2)(B), (C). Pub. L. 101–508, § 5103(a)(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “A widow, surviving divorced wife, widower, or surviving divorced husband shall not be determined to be under a disability (for purposes of section 402(e) or (f) of this title) unless his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity.”
Subsec. (e). Pub. L. 101–508, § 5118(a), designated existing provision as par. (1) and added par. (2).
Subsec. (f). Pub. L. 101–508, § 5103(b)(5), struck out “(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband),” after “gainful activity” in two places in first sentence following par. (4).
Subsec. (f)(1)(B). Pub. L. 101–508, § 5103(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
“(B)(i) the individual is now able to engage in substantial gainful activity, or
“(ii) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is no longer deemed, under regulations prescribed by the Secretary, sufficient to preclude the individual from engaging in gainful activity; or”.
Subsec. (f)(2)(A)(ii). Pub. L. 101–508, § 5103(b)(3), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
“(ii)(I) the individual is now able to engage in substantial gainful activity, or
“(II) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is no longer deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity, or”.
Subsec. (f)(3). Pub. L. 101–508, § 5103(b)(4), substituted “therefore the individual is able to engage in substantial gainful activity; or” for “therefore—” and subpars. (A) and (B) which read as follows:
“(A) the individual is able to engage in substantial gainful activity, or
“(B) if the individual is a widow or surviving divorced wife under section 402(e) of this title or a widower or surviving divorced husband under section 402(f) of this title, the severity of his or her impairment or impairments is not deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity; or”.
Subsec. (g)(1). Pub. L. 101–508, § 5102(1), inserted “or” before “(ii)” and substituted “pending” for “pending, or (iii) June 1991” before period at end.
Subsec. (g)(3). Pub. L. 101–508, § 5102(2), struck out par. (3) which read as follows: “The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made—
“(A) on or after January 12, 1983, or prior to such date but only on the basis of a timely request for a hearing under section 421(d) of this title, or for an administrative review prior to such hearing, and
“(B) prior to January 1, 1991.”
1989—Subsec. (f). Pub. L. 101–239, § 10305(c), inserted after first sentence of concluding provisions “In making for purposes of the preceding sentence any determination relating to fraudulent behavior by any individual or failure by any individual without good cause to cooperate or to take any required action, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”
Subsec. (g)(1)(iii). Pub. L. 101–239, § 10101(1), substituted “1991” for “1990”.
Subsec. (g)(2)(B). Pub. L. 101–239, § 10305(d), inserted at end “In making for purposes of this subparagraph any determination of whether any individual’s appeal is made in good faith, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such individual may have (including any lack of facility with the English language).”
Subsec. (g)(3)(B). Pub. L. 101–239, § 10101(2), substituted “1991” for “1990”.
1988—Subsec. (g)(1)(iii). Pub. L. 100–647, § 8006(1), substituted “June 1990” for “June 1989”.
Subsec. (g)(3)(B). Pub. L. 100–647, § 8006(2), substituted “January 1, 1990” for “January 1, 1989”.
Subsecs. (h), (i). Pub. L. 100–647, § 8001(a), added subsec. (h) and redesignated former subsec. (h) as (i).
1987—Subsec. (a)(1). Pub. L. 100–203, § 9010(a), substituted “36 months” for “15 months”.
Subsec. (e). Pub. L. 100–203, § 9010(e)(2), substituted “36-month period” for “15-month period”.
Subsec. (g)(1). Pub. L. 100–203, § 9009(1), substituted “June 1989” for “June 1988” in cl. (iii) at end.
Subsec. (g)(3)(B). Pub. L. 100–203, § 9009(2), substituted “January 1, 1989” for “January 1, 1988”.
1986—Subsec. (e). Pub. L. 99–272 inserted “(d)(6)(A)(ii), (d)(6)(B),” after “(d)(1)(B)(ii)”.
Subsec. (g)(1). Pub. L. 99–514 struck out second comma after “payment of such benefits” in provisions following subpar. (C).
1984—Subsec. (a)(1)(B). Pub. L. 98–369, § 2662(c)(2), made a clarifying amendment to Pub. L. 98–21, § 201(c)(3). See 1983 Amendment note below.
Subsec. (c)(1)(B). Pub. L. 98–369, § 2661(m), realigned margins of subpar. (B).
Subsec. (d)(2)(A). Pub. L. 98–369, § 2663(a)(16), substituted “An individual” for “an individual”.
Subsec. (d)(2)(C). Pub. L. 98–460, § 4(a)(1), added subpar. (C).
Subsec. (d)(5). Pub. L. 98–460, § 9(b)(1), designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 98–460, § 3(a)(1), inserted provisions requiring, in making determinations as to whether an individual is under a disability, that subjective statements as to pain or other symptoms alleged to be disabling be supplemented by, and considered together with, objective medical evidence of those symptoms showing the existence of a medical impairment resulting from anatomical, physiological, or psychological abnormalities.
Subsec. (f). Pub. L. 98–460, § 2(a), amended subsec. (f) generally, substituting provisions relating to the standard of review for termination of disability benefits for provisions relating to suspension of benefits for inmates of penal institutions.
Subsec. (g)(1). Pub. L. 98–460, § 7(a)(1), in provisions following subpar. (C) substituted reference to benefits under this subchapter for reference to benefits under this chapter, inserted references to the payment of mother’s or father’s insurance benefits to such individual’s mother or father based on the disability of such individual as a child who has attained age 16, substituted reference to benefits under subchapter XVIII of this chapter based on such individual’s disability for reference to benefits under subchapter XVIII of this chapter, and substituted “June 1988” for “June 1984” in cl. (iii).
Subsec. (g)(3)(B). Pub. L. 98–460, § 7(a)(2), substituted “January 1, 1988” for “December 7, 1983”.
Subsec. (h). Pub. L. 98–369, § 2662(i), amended Pub. L. 98–21, § 339(b), resulting in addition of subsec. (h) of this section. See 1983 Amendment note below.
1983—Subsec. (a)(1). Pub. L. 98–21, § 201(c)(1)(E), substituted “retirement age (as defined in section 416(l) of this title)” for “age 65”.
Subsec. (a)(1)(B). Pub. L. 98–21, § 201(c)(3), as amended by Pub. L. 98–369, § 2662(c)(2), substituted “retirement age (as defined in section 416(l) of this title)” for “the age of sixty-five”.
Subsec. (c)(1)(B)(iii). Pub. L. 98–21, § 332(b), added cl. (iii).
Subsec. (d)(2). Pub. L. 98–21, § 309(o), substituted “widower, or surviving divorced husband” for “or widower” wherever appearing.
Subsec. (f). Pub. L. 98–21, § 339(b), before amendment by Pub. L. 98–369, § 2662(i), struck out subsec. (f) relating to suspension of benefits for inmates of penal institutions. See note below for subsec. (h).
Subsec. (g). Pub. L. 97–455 added subsec. (g).
Subsec. (g)(3)(B). Pub. L. 98–118 substituted “December 7, 1983” for “October 1, 1983”.
Subsec. (h). Pub. L. 98–21, § 339(b), as amended by Pub. L. 98–369, § 2662(i), added subsec. (h).
1981—Subsec. (f)(3). Pub. L. 97–123 added par. (3).
1980—Subsec. (a)(1). Pub. L. 96–265, § 303(b)(1)(A), inserted reference to subsec. (e) of this section and provisions relating to an individual’s termination month.
Subsec. (a)(2). Pub. L. 96–265, § 102(b), substituted “Except as provided in section 402(q) and section 415(b)(2)(A)(ii) of this title” for “Except as provided in section 402(q) of this title”.
Subsec. (b). Pub. L. 96–265, § 306(c), inserted provisions relating to limitations on the prospective effect of applications.
Subsec. (d)(4). Pub. L. 96–265, § 302(a)(1), inserted provisions relating to extraordinary work expenses due to severe disability.
Subsec. (d)(5). Pub. L. 96–265, § 309(a), inserted provisions relating to payment for existing medical evidence.
Subsec. (d)(6). Pub. L. 96–473, § 5(a)(1), added par. (6).
Subsec. (e). Pub. L. 96–265, § 303(b)(2)(A), added subsec. (e).
Subsec. (f). Pub. L. 96–473, § 5(c), added subsec. (f).
1977—Subsec. (d)(4). Pub. L. 95–216 inserted provisions relating to activities of blind individuals.
1972—Subsec. (a)(1). Pub. L. 92–603, § 118(a)(1), inserted provision for filing of an application for disability insurance benefits after death of insured individual.
Subsec. (a)(2). Pub. L. 92–603, §§ 104(c), 118(a)(2). struck out “(if a woman) or age 65 (if a man)” after “attained age 62” and substituted “an individual” for “a woman”, “in which he attained age 62” for “in which she attained age 62”, and “the application for disability insurance benefits was filed and he was” for “he filed his application for disability insurance benefits and was”.
Subsec. (b). Pub. L. 92–603, § 118(a)(3), substituted “if such application is filed” for “if he files such application”.
Subsec. (c)(1). Pub. L. 92–603, §§ 104(d), 117(b), struck out “(if a woman) or age 65 (if a man)” after “attained age 62” in subpar. (A) and in provisions following subpar. (B) inserted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of individuals who are blind.
Subsec. (c)(2). Pub. L. 92–603, §§ 116(a), 118(a)(4), substituted “five consecutive calendar months” for “six consecutive calendar months” in provisions preceding subpar. (A), substituted “with respect to whom such application is filed” for “who files such application” in subpar. (A), and substituted “seventeenth” for “eighteenth” in subpar. (B).
1968—Subsec. (a)(1). Pub. L. 90–248, § 158(c)(6)–(8), substituted in subpar. (D) reference to “subsection (d)” for “subsection (c)(2)”, in text of first sentence following subpar. (D) reference to “subsection (c)(2)” for “subsection (c)(3)”, and in last sentence following subpar. (D) reference to “subsection (d) except for paragraph (1)(B) thereof” for “subsection (c)(2) except for subparagraph (B) thereof”, respectively.
Subsec. (c). Pub. L. 90–248, § 158(a), restricted heading to definitions of “insured status” and “waiting period”, struck out former par. (2) defining “disability” and requiring medical and other evidence of disability, now incorporated in subsec. (d)(1)(A), (5) of this section, and redesignated former par. (3) as (2).
Subsec. (c)(1)(B)(ii). Pub. L. 90–248, § 105(b), substituted in cl. (ii) “before the quarter in which he attains” for “before he attains” and struck out “and he is under a disability by reason of blindness (as defined in section 416(i)(1) of this title)” after “age 31”.
Subsec. (d). Pub. L. 90–248, § 158(b), redesignated former first sentence of former subsec. (c)(2), comprising subpars. (A) and (B), as par. (1)(A), (B), added pars. (2) to (4), and redesignated former second sentence of former subsec. (c)(2) as par. (5).
1965—Subsec. (a)(1). Pub. L. 89–97, §§ 303(b)(3), 344(c), struck out from subpar. (D) “at the time such application is filed,” after parenthetical provision and from provisions following subpar. (D) “the first month for which he is entitled to old-age insurance benefits” after “age 65,”; and prohibit payment to an individual who would not meet the definition of disability in subsec. (c)(2) except for subpar. (B) thereof for any month in which he engages in substantial gainful activity, and payment for such month under subsec. (b), (c), or (d) of section 402 of this title to any person on the basis of the wages and self-employment income of such individual, respectively.
Subsec. (a)(2). Pub. L. 89–97, §§ 302(e), 304(m), inserted in first sentence “and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit” and “Except as provided in section 402(q) of this title” and in last sentence substituted “shall not include the year” for “shall not include the first year” and struck out “both was fully insured and had” before “attained age 62” in two places, respectively.
Subsec. (a)(3). Pub. L. 89–97, § 304(n), repealed par. (3) which prohibited an individual from becoming entitled to disability insurance benefits if he is entitled to a widow’s, widower’s, or parent’s insurance benefit, or an old-age, wife’s or husband’s insurance benefit.
Subsec. (b). Pub. L. 89–97, §§ 303(c), 328(c), struck out from last sentence “after June 1957” after “for any months” and substituted “before” for “prior to” where first appearing and “if he files such application before the end of the 12th month immediately succeeding such month” for “if he is continuously under a disability after such month and until he files application therefor and he files said application prior to the end of the twelfth month immediately succeeding such month”; and substituted provisions calling for an application for benefits filed before the first month in which the applicant satisfies the requirements for such benefits to be deemed a valid application only if the applicant satisfies the requirements before the Secretary makes a final decision on the application and calling for the application to be deemed filed in the first month if the applicant is found to satisfy the requirements for provisions placing an outer limit on the time prior to entitlement during which an application would be deemed filed during the first month prior to entitlement, respectively.
Subsec. (c)(1). Pub. L. 89–97, § 344(b), removed from existing subpar. (B) provision prohibiting the inclusion, as part of such 40-quarter period, of any quarter any part of which was included in a prior period of disability unless such quarter was a quarter of coverage, and designated such subpar., as so amended as subpar. (B)(i), added subpar. (B)(ii), and added the material following subpar. (B)(ii) prohibiting inclusion of any quarter 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 and calling for reduction by one of the number of quarters in any period whenever such number of quarters is an odd number.
Subsec. (c)(2)(A). Pub. L. 89–97, § 303(a)(2), designated existing provisions as subpar. (A) and substituted “which has lasted or can be expected to last for a continuous period of not less than 12 months; or” for “to be of long-continued and indefinite duration”.
Subsec. (c)(2)(B). Pub. L. 89–97, § 344(d), added subpar. (B).
Subsec. (c)(3)(A). Pub. L. 89–97, § 303(b)(4), struck out “which continues until such application is filed” after “disability”.
1961—Subsec. (a)(1). Pub. L. 87–64, § 102(b)(2)(C), substituted “the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits” for “the month in which he attains the age of sixty-five”.
Subsec. (a)(2). Pub. L. 87–64, § 102(c)(2)(C), (3)(D), substituted “as though he had attained age 62 (if a woman) or age 65 (if a man)” for “as though he had attained retirement age”, and “fully insured and had attained age 62” for “fully insured and had attained retirement age”, in two places.
Subsec. (a)(3). Pub. L. 87–64, § 102(b)(2)(B), added par. (3).
Subsec. (c)(1)(A). Pub. L. 87–64, § 102(c)(3)(E), substituted “attained age 62 (if a woman) or age 65 (if a man)” for “attained retirement age”.
1960—Subsec. (a)(1). Pub. L. 86–778, §§ 401(a), 402(a), 403(b), struck out provisions from cl. (B) which required an individual to have attained the age of 50, inserted provisions authorizing payment of benefits to an individual for each month beginning with the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was entitled to disability insurance benefits which terminated, or had a period of disability which ceased, within the 60-month period preceding the first month in which he is under such disability, and substituted provisions requiring benefits to end with the month preceding whichever of the following is the earliest: the month in which he dies, the month in which he attains the age of 65, or the third month following the month in which his disability ceases for provisions which required the benefits to end with the month preceding the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of 65.
Subsec. (a)(2). Pub. L. 86–778, § 303(f), amended generally subsec. (a)(2), as amended by section 402(b) of Pub. L. 86–778 which read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in—
“(A) the first month of his waiting period, or
“(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes so entitled to such disability insurance benefits.”
Pub. L. 86–778, § 402(b), amended subsec. (a)(2) generally. Prior to amendment, subsec. (a)(2) read as follows: “Such individual’s disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became entitled to old-age insurance benefits in the first month of his waiting period.”
Subsec. (b). Pub. L. 86–778, § 402(c), (d), prohibited acceptance of an application, in any case in which cl. (ii) of par. (1) of subsec. (a) of this section is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to benefits, inserted provisions requiring any application filed within the nine months’ period or six months’ period, as the case may be, to be deemed to have been filed in such first month, and substituted “if he is continuously under a disability after such month and until he files application therefor, and he files such application” for “if he files application therefor”.
Subsec. (c)(3). Pub. L. 86–778, § 401(b), struck out provisions which prohibited a waiting period for any individual from beginning before the first day of the sixth month before the month in which he attains the age of 50.
1958—Subsec. (b). Pub. L. 85–840, § 202(a), provided that individuals who would have been entitled to disability insurance benefits for any month after June 1957 had they filed application therefor prior to the end of such month shall be entitled to disability benefits for such month if they file application therefor prior to the end of the twelfth month immediately succeeding such month.
Subsec. (c)(1). Pub. L. 85–840, § 204(b), substituted “fully insured” for “fully and currently insured” in cl. (A).
Subsec. (c)(3). Pub. L. 85–840, § 202(b), inserted “which continues until such application is filed” after “under a disability” in cl. (A), and substituted “eighteenth month” for “sixth month” in three instances in cl. (B).