Section 102 of the Senior Citizens’ Right to Work Act of 1996, referred to in subsec. (d)(4)(A), is section 102 of title I of Puspan. L. 104–121, which amended this section and section 403 of this title and enacted provisions set out as a note under section 403 of this title.

2020—Subsec. (a)(1). Puspan. 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). Puspan. L. 114–74, § 825(a), added subpar. (C).

Subsec. (d)(5)(C). Puspan. L. 114–74, § 812(a), added subpar. (C).

2004—Subsec. (a)(1)(C) to (E). Puspan. L. 108–203 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

1999—Subsecs. (i), (j). Puspan. L. 106–170 added subsec. (i) and redesignated former subsec. (i) as (j).

1996—Subsec. (d)(2)(C). Puspan. L. 104–121, § 105(a)(1), added subpar. (C).

Subsec. (d)(4)(A). Puspan. L. 104–121, § 102(span)(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. (span), (d)(2)(B). Puspan. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (d)(4). Puspan. L. 103–296, § 201(a)(4)(A), designated existing provisions as subpar. (A) and added subpar. (B).

Puspan. L. 103–296, § 107(a)(4), in par. (4) as amended by Puspan. L. 103–296, § 201(a)(4)(A), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (d)(5). Puspan. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.

Subsec. (f). Puspan. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in two places in closing provisions.

Subsec. (f)(2)(A). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 103–296, § 321(a)(19), inserted span.

1990—Subsec. (d)(2)(A). Puspan. 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). Puspan. 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). Puspan. L. 101–508, § 5118(a), designated existing provision as par. (1) and added par. (2).

Subsec. (f). Puspan. L. 101–508, § 5103(span)(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). Puspan. L. 101–508, § 5103(span)(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). Puspan. L. 101–508, § 5103(span)(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). Puspan. L. 101–508, § 5103(span)(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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 101–239, § 10101(1), substituted “1991” for “1990”.

Subsec. (g)(2)(B). Puspan. 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). Puspan. L. 101–239, § 10101(2), substituted “1991” for “1990”.

1988—Subsec. (g)(1)(iii). Puspan. L. 100–647, § 8006(1), substituted “June 1990” for “June 1989”.

Subsec. (g)(3)(B). Puspan. L. 100–647, § 8006(2), substituted “January 1, 1990” for “January 1, 1989”.

Subsecs. (h), (i). Puspan. L. 100–647, § 8001(a), added subsec. (h) and redesignated former subsec. (h) as (i).

1987—Subsec. (a)(1). Puspan. L. 100–203, § 9010(a), substituted “36 months” for “15 months”.

Subsec. (e). Puspan. L. 100–203, § 9010(e)(2), substituted “36-month period” for “15-month period”.

Subsec. (g)(1). Puspan. L. 100–203, § 9009(1), substituted “June 1989” for “June 1988” in cl. (iii) at end.

Subsec. (g)(3)(B). Puspan. L. 100–203, § 9009(2), substituted “January 1, 1989” for “January 1, 1988”.

1986—Subsec. (e). Puspan. L. 99–272 inserted “(d)(6)(A)(ii), (d)(6)(B),” after “(d)(1)(B)(ii)”.

Subsec. (g)(1). Puspan. L. 99–514 struck out second comma after “payment of such benefits” in provisions following subpar. (C).

1984—Subsec. (a)(1)(B). Puspan. L. 98–369, § 2662(c)(2), made a clarifying amendment to Puspan. L. 98–21, § 201(c)(3). See 1983 Amendment note below.

Subsec. (c)(1)(B). Puspan. L. 98–369, § 2661(m), realigned margins of subpar. (B).

Subsec. (d)(2)(A). Puspan. L. 98–369, § 2663(a)(16), substituted “An individual” for “an individual”.

Subsec. (d)(2)(C). Puspan. L. 98–460, § 4(a)(1), added subpar. (C).

Subsec. (d)(5). Puspan. L. 98–460, § 9(span)(1), designated existing provisions as subpar. (A) and added subpar. (B).

Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 98–460, § 7(a)(2), substituted “January 1, 1988” for “December 7, 1983”.

Subsec. (h). Puspan. L. 98–369, § 2662(i), amended Puspan. L. 98–21, § 339(span), resulting in addition of subsec. (h) of this section. See 1983 Amendment note below.

1983—Subsec. (a)(1). Puspan. 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). Puspan. L. 98–21, § 201(c)(3), as amended by Puspan. 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). Puspan. L. 98–21, § 332(span), added cl. (iii).

Subsec. (d)(2). Puspan. L. 98–21, § 309(o), substituted “widower, or surviving divorced husband” for “or widower” wherever appearing.

Subsec. (f). Puspan. L. 98–21, § 339(span), before amendment by Puspan. 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). Puspan. L. 97–455 added subsec. (g).

Subsec. (g)(3)(B). Puspan. L. 98–118 substituted “December 7, 1983” for “October 1, 1983”.

Subsec. (h). Puspan. L. 98–21, § 339(span), as amended by Puspan. L. 98–369, § 2662(i), added subsec. (h).

1981—Subsec. (f)(3). Puspan. L. 97–123 added par. (3).

1980—Subsec. (a)(1). Puspan. L. 96–265, § 303(span)(1)(A), inserted reference to subsec. (e) of this section and provisions relating to an individual’s termination month.

Subsec. (a)(2). Puspan. L. 96–265, § 102(span), substituted “Except as provided in section 402(q) and section 415(span)(2)(A)(ii) of this title” for “Except as provided in section 402(q) of this title”.

Subsec. (span). Puspan. L. 96–265, § 306(c), inserted provisions relating to limitations on the prospective effect of applications.

Subsec. (d)(4). Puspan. L. 96–265, § 302(a)(1), inserted provisions relating to extraordinary work expenses due to severe disability.

Subsec. (d)(5). Puspan. L. 96–265, § 309(a), inserted provisions relating to payment for existing medical evidence.

Subsec. (d)(6). Puspan. L. 96–473, § 5(a)(1), added par. (6).

Subsec. (e). Puspan. L. 96–265, § 303(span)(2)(A), added subsec. (e).

Subsec. (f). Puspan. L. 96–473, § 5(c), added subsec. (f).

1977—Subsec. (d)(4). Puspan. L. 95–216 inserted provisions relating to activities of blind individuals.

1972—Subsec. (a)(1). Puspan. 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). Puspan. 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. (span). Puspan. L. 92–603, § 118(a)(3), substituted “if such application is filed” for “if he files such application”.

Subsec. (c)(1). Puspan. L. 92–603, §§ 104(d), 117(span), 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). Puspan. 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). Puspan. 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). Puspan. L. 90–248, § 158(a), restricted span 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). Puspan. L. 90–248, § 105(span), 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). Puspan. L. 90–248, § 158(span), 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). Puspan. L. 89–97, §§ 303(span)(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. (span), (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). Puspan. 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 (span)) 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). Puspan. 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. (span). Puspan. 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). Puspan. L. 89–97, § 344(span), 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). Puspan. 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). Puspan. L. 89–97, § 344(d), added subpar. (B).

Subsec. (c)(3)(A). Puspan. L. 89–97, § 303(span)(4), struck out “which continues until such application is filed” after “disability”.

1961—Subsec. (a)(1). Puspan. L. 87–64, § 102(span)(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). Puspan. 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). Puspan. L. 87–64, § 102(span)(2)(B), added par. (3).

Subsec. (c)(1)(A). Puspan. 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). Puspan. L. 86–778, §§ 401(a), 402(a), 403(span), 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). Puspan. L. 86–778, § 303(f), amended generally subsec. (a)(2), as amended by section 402(span) of Puspan. 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.”

Puspan. L. 86–778, § 402(span), 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. (span). Puspan. 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). Puspan. L. 86–778, § 401(span), 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. (span). Puspan. 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). Puspan. L. 85–840, § 204(span), substituted “fully insured” for “fully and currently insured” in cl. (A).

Subsec. (c)(3). Puspan. L. 85–840, § 202(span), 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).

Puspan. L. 116–250, § 2(span), Dec. 22, 2020, 134 Stat. 1128, as amended by Puspan. L. 117–3, § 1(a), Mar. 23, 2021, 135 Stat. 246, provided that: “The amendment made by this section [amending this section] shall apply with respect to applications for disability insurance benefits approved after the date that is 5 months before the date of enactment of this Act [Dec. 22, 2020].”

[Puspan. L. 117–3, § 1(span), Mar. 23, 2021, 135 Stat. 246, provided that: “The amendment made by this section [amending section 2(span) of Puspan. L. 116–250, set out above] shall take effect as if included in the enactment of the ALS Disability Insurance Access Act of 2019 (Public Law 116–250).”]

[Puspan. L. 117–3, § 1(a), Mar. 23, 2021, 135 Stat. 246, which directed substitution of “applications for disability insurance benefits approved after the date that is 5 months before the date of enactment of this Act” for “applications for disability insurance benefits filed after the date of enactment of this Act” in section 2(span) of Puspan. L. 116–250, set out above, was executed by making the substitution for “applications for disability insurance benefits filed after the date of the enactment of this Act” to reflect the probable intent of Congress.]

Puspan. L. 114–74, title VIII, § 812(c), Nov. 2, 2015, 129 Stat. 602, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to determinations of disability made on or after the earlier of—

Puspan. L. 114–74, title VIII, § 825(span), Nov. 2, 2015, 129 Stat. 611, provided that: “The amendment made by subsection (a) [amending this section] shall take effect upon the date of the enactment of this Act [Nov. 2, 2015], or as soon as practicable thereafter.”

Amendment by Puspan. L. 108–203 applicable to benefit applications based on social security account numbers issued on or after Jan. 1, 2004, see section 211(c) of Puspan. L. 108–203, set out as a note under section 414 of this title.

Puspan. L. 106–170, title I, § 112(c), Dec. 17, 1999, 113 Stat. 1886, provided that:

Amendment by section 102(span)(2) of Puspan. L. 104–121 applicable with respect to taxable years ending after 1995, see section 102(c) of Puspan. L. 104–121, set out as a note under section 403 of this title.

Amendment by section 105(a)(1) of Puspan. L. 104–121 applicable to individual who applies for, or whose claim is finally adjudicated with respect to, benefits under this subchapter based on disability on or after Mar. 29, 1996, with special rule for any individual who applied, and whose claim has been finally adjudicated, before Mar. 29, 1996, see section 105(a)(5) of Puspan. L. 104–121, set out as a note under section 405 of this title.

Amendment by section 107(a)(4) of Puspan. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Puspan. L. 103–296, set out as a note under section 401 of this title.

Amendment by section 321(f)(1) of Puspan. L. 103–296 effective as if included in the provisions of the Omnibus Budget Reconciliation Act of 1990, Puspan. L. 101–508, to which such amendment relates, see section 321(f)(5) of Puspan. L. 103–296, set out as a note under section 405 of this title.

Amendment by section 5103(a), (span)(2)–(5) of Puspan. L. 101–508 applicable with respect to monthly insurance benefits for months after December 1990 for which applications are filed on or after Jan. 1, 1991, or are pending on such date, see section 5103(e) of Puspan. L. 101–508, set out as a note under section 402 of this title.

Puspan. L. 101–508, title V, § 5118(span), Nov. 5, 1990, 104 Stat. 1388–278, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to benefits for months after the date of the enactment of this Act [Nov. 5, 1990].”

Amendment by section 10305(c), (d) of Puspan. L. 101–239 applicable with respect to determinations made on or after July 1, 1990, see section 10305(f) of Puspan. L. 101–239, set out as a note under section 403 of this title.

Puspan. L. 100–647, title VIII, § 8001(c), Nov. 10, 1988, 102 Stat. 3779, provided that: “The amendments made by this section [amending this section and section 1383 of this title] shall apply to determinations by administrative law judges of entitlement to benefits made after 180 days after the date of the enactment of this Act [Nov. 10, 1988].”

Amendment by section 9010(a), (e)(2) of Puspan. L. 100–203 effective Jan. 1, 1988, and applicable with respect to individuals entitled to benefits under specific provisions of this section and section 402 of this title for any month after December 1987, and individuals entitled to benefits payable under specific provisions of this section and section 402 of this title for any month before January 1988 and with respect to whom the 15-month period described in the applicable provision amended by section 9010 of Puspan. L. 100–203 has not elapsed as of Jan. 1, 1988, see section 9010(f) of Puspan. L. 100–203, set out as a note under section 402 of this title.

Amendment by Puspan. L. 99–272 effective Dec. 1, 1980, and applicable with respect to any individual who is under a disability (as defined in subsection (d) of this section) on or after that date, see section 12107(c) of Puspan. L. 99–272, set out as a note under section 402 of this title.

Puspan. L. 98–460, § 2(d), Oct. 9, 1984, 98 Stat. 1797, provided that:

Puspan. L. 98–460, § 3(a)(3), Oct. 9, 1984, 98 Stat. 1799, provided that: “The amendments made by paragraphs (1) and (2) [amending this section and section 1382c of this title] shall apply to determinations made prior to January 1, 1987.”

Puspan. L. 98–460, § 4(c), Oct. 9, 1984, 98 Stat. 1801, provided that: “The amendments made by this section [amending this section and sections 416 and 1382c of this title] shall apply with respect to determinations made on or after the first day of the first month beginning after 30 days after the date of the enactment of this Act [Oct. 9, 1984].”

Puspan. L. 98–460, § 9(span)(2), Oct. 9, 1984, 98 Stat. 1805, provided that: “The amendments made by this subsection [amending this section] shall apply to determinations made on or after the date of the enactment of this Act [Oct. 9, 1984].”

Amendment by sections 2661(m) and 2662(c)(2), (i) of Puspan. L. 98–369 effective as though included in the enactment of the Social Security Amendments of 1983, Puspan. L. 98–21, see section 2664(a) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Amendment by section 2663(a)(16) of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(span) of Puspan. L. 98–369, set out as a note under section 401 of this title.

Amendment by section 309(o) of Puspan. L. 98–21 applicable only with respect to monthly payments payable under this subchapter for months after April, 1983, see section 310 of Puspan. L. 98–21, set out as a note under section 402 of this title.

Amendment by section 332(span) of Puspan. L. 98–21 effective with respect to applications for disability insurance benefits under this section filed after Apr. 20, 1983, except that no monthly benefits under this subchapter shall be payable or increased by reason of such amendment for months before the month following April, 1983, see section 332(c) of Puspan. L. 98–21, set out as a note under section 416 of this title.

Amendment by section 339(span) of Puspan. L. 98–21 applicable with respect to monthly benefits payable for months beginning on or after April 20, 1983, see section 339(c) of Puspan. L. 98–21, set out as a note under section 402 of this title.

Amendment by Puspan. L. 96–473 effective with respect to benefits payable for months beginning on or after Oct. 1, 1980, see section 5(d) of Puspan. L. 96–473, set out as a note under section 402 of this title.

For effective date of amendment by section 102(span) of Puspan. L. 96–265, see section 102(c) of Puspan. L. 96–265, set out as a note under section 415 of this title.

Puspan. L. 96–265, title III, § 302(c), June 9, 1980, 94 Stat. 451, provided that: “The amendments made by this section [amending this section and sections 1382a and 1382c of this title] shall apply with respect to expenses incurred on or after the first day of the sixth month which begins after the date of the enactment of this Act [June 9, 1980].”

For effective date of amendment by section 303(span)(1)(A), (2)(A) of Puspan. L. 96–265, see section 303(d) of Puspan. L. 96–265, set out as a note under section 402 of this title.

Amendment by section 306(c) of Puspan. L. 96–265 applicable to applications filed after June 1980, see section 306(d) of Puspan. L. 96–265, set out as a note under section 402 of this title.

Puspan. L. 96–265, title III, § 309(span), June 9, 1980, 94 Stat. 459, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to evidence requested on or after the first day of the sixth month which begins after the date of the enactment of this Act [June 9, 1980].”

Amendment by section 104(c), (d) of Puspan. L. 92–603 applicable only in the case of a man who attains (or would attain) age 62 after Dec. 1974, with the figure “65” in subsec. (c)(1)(A) of this section to be deemed to read “64” in the case of a man who attains age 62 in 1973, and deemed to read “63” in the case of a man who attains age 62 in 1974, see section 104(j) of Puspan. L. 92–603, set out as an Effective Date of 1972 Amendment note under section 414 of this title.

Puspan. L. 92–603, title I, § 116(e), Oct. 30, 1972, 86 Stat. 1350, provided that:

Puspan. L. 92–603, title I, § 117(c), Oct. 30, 1972, 86 Stat. 1351, provided that:

Amendment by section 118(a) of Puspan. L. 92–603 applicable in the case of deaths occurring after Dec. 31, 1969, with any applications with respect to an individual whose death occurred after Dec. 31, 1969, but before Oct. 30, 1972, to be deemed to have been filed in the month in which death occurred if filed in or within three months after Oct. 1972, see section 118(c) of Puspan. L. 92–603, set out as a note under section 416 of this title.

Amendment by section 105(span) of Puspan. L. 90–248 applicable with respect to monthly benefits under this subchapter for months after January 1968, but only on the basis of applications for such benefits filed in or after January 1968, see section 105(c) of Puspan. L. 90–248, set out as a note under section 416 of this title.

Puspan. L. 90–248, title I, § 158(e), Jan. 2, 1968, 81 Stat. 869, provided that: “The amendments made by this section [amending this section and sections 402, 416, 421, 422, and 425 of this title] shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act [42 U.S.C. 423], and for disability determinations under section 216(i) of such Act [42 U.S.C. 416(i)], filed—

Amendment by section 302(e) of Puspan. L. 89–97 applicable in the case of individuals who become entitled to disability insurance benefits under this section after December 1965, see section 302(f)(5) of Puspan. L. 89–97, set out as a note under section 415 of this title.

Puspan. L. 89–97, title III, § 303(f)(1), July 30, 1965, 79 Stat. 368, provided that:

Amendment by section 304(m), (n) of Puspan. L. 89–97 applicable with respect to monthly insurance benefits under this subchapter for and after the second month following July 1965 but only on the basis of applications filed in or after July 1965, see section 304(o) of Puspan. L. 89–97, set out as a note under section 402 of this title.

Amendment by section 328(c) of Puspan. L. 89–97 applicable with respect to applications filed on or after July 30, 1965, applications as to which the Secretary has not made a final decision before July 30, 1965, and, if a civil action with respect to a final decision of the Secretary has been commenced under section 405(g) of this title before July 30, 1965, applications as to which there has been no final judicial decision before July 30, 1965, see section 328(d) of Puspan. L. 89–97, set out as a note under section 416 of this title.

Amendment by section 344(span)–(d) of Puspan. L. 89–97 applicable only with respect to monthly benefits under subchapter II of this chapter for months after August 1965 on the basis of applications for such benefits filed in or after July 1965, see section 344(e) of Puspan. L. 89–97, set out as a note under section 416 of this title.

Amendment by section 102(span)(2)(B), (C) of Puspan. L. 87–64 effective Aug. 1, 1961, and amendment by section 102(c)(2)(C), (3)(D), (E) of Puspan. L. 87–64 applicable with respect to monthly benefits for months beginning on or after August 1, 1961, based on applications filed in or after March 1961, and with respect to lump-sum death payments under this subchapter in the case of deaths on or after August 1, 1961, see sections 102(f)(4), (6) and 109 of Puspan. L. 87–64, set out as notes under section 402 of this title.

Puspan. L. 86–778, title III, § 303(f), Sept. 13, 1960, 74 Stat. 964, provided that the amendment made by such section 303(f) is effective with respect to individuals who become entitled to benefits under this section after 1960.

Puspan. L. 86–778, title IV, § 401(c), Sept. 13, 1960, 74 Stat. 967, provided that: “The amendments made by this section [amending this section] shall apply only with respect to monthly benefits under sections 202 and 223 of the Social Security Act [42 U.S.C. 402, 423] for months after the month following the month in which this Act is enacted [September 1960] which are based on the wages and self-employment income of an individual who did not attain the age of fifty in or prior to the month following the month in which this Act is enacted, but only where applications for such benefits are filed in or after the month in which this Act is enacted.”

Puspan. L. 86–778, title IV, § 402(f), Sept. 13, 1960, 74 Stat. 968, provided that: “The amendments made by subsections (a) and (span) [amending this section] shall apply only with respect to benefits under section 223 of the Social Security Act [42 U.S.C. 423] for the month in which this Act is enacted [September 1960] and subsequent months. The amendment made by subsection (c) [amending this section] shall apply only in the case of applications for benefits under such section 223 filed after the seventh month before the month in which this Act is enacted. The amendment made by subsection (d) [amending this section] shall apply only in the case of applications for benefits under such section 223 filed in or after the month in which this Act is enacted. The amendment made by subsection (e) [amending section 416 of this title] shall apply only in the case of individuals who become entitled to benefits under such section 223 in or after the month in which this Act is enacted.”

Amendment by section 403(span) of Puspan. L. 86–778 applicable only with respect to benefits under this section for months after September 1960, in the case of individuals who, without regard to such amendment, would have been entitled to such benefits for September 1960, or for any succeeding month, see section 403(e) of Puspan. L. 86–778, set out as a note under section 422 of this title.

Amendment by section 202 of Puspan. L. 85–840 applicable with respect to applications for disability insurance benefits under this section filed after December 1957, see section 207(a) of Puspan. L. 85–840, set out as a note under section 416 of this title.

For applicability of amendment by section 204(span) of Puspan. L. 85–840, see section 207(a) of Puspan. L. 85–840, set out as a note under section 416 of this title.

Act Aug. 1, 1956, ch. 836, title I, § 103(d), 70 Stat. 818, provided that:

Puspan. L. 114–74, title VIII, § 812(span), Nov. 2, 2015, 129 Stat. 602, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 2, 2015], the Commissioner of Social Security shall issue regulations to carry out the amendment made by subsection (a) [amending this section].”

Puspan. L. 114–74, title VIII, § 826, Nov. 2, 2015, 129 Stat. 611, provided that:

Puspan. L. 98–460, § 2(e), Oct. 9, 1984, 98 Stat. 1798, provided that: “Any individual whose case is remanded to the Secretary pursuant to subsection (d) [set out as a note above] or whose request for a review is made in a timely manner pursuant to subsection (d), may elect, in accordance with section 223(g) or 1631(a)(7) of the Social Security Act [42 U.S.C. 423(g), 1383(a)(7)], to have payments made beginning with the month in which he makes such election, and ending as under such section 223(g) or 1631(a)(7). Notwithstanding such section 223(g) or 1631(a)(7), such payments (if elected)—

Puspan. L. 98–460, § 2(f), Oct. 9, 1984, 98 Stat. 1799, provided that: “In the case of any individual who is found to be under a disability after a review required under this section, such individual shall be entitled to retroactive benefits beginning with benefits payable for the first month to which the most recent termination of benefits applied.”

Puspan. L. 98–460, § 2(g), Oct. 9, 1984, 98 Stat. 1799, provided that: “The Secretary of Health and Human Services shall prescribe regulations necessary to implement the amendments made by this section [amending this section and sections 416 and 1382c of this title and enacting provisions set out as notes under this section] not later than 180 days after the date of the enactment of this Act [Oct. 9, 1984].”

Puspan. L. 98–460, § 3(span), Oct. 9, 1984, 98 Stat. 1799, as amended by Puspan. L. 117–286, § 4(a)(248), Dec. 27, 2022, 136 Stat. 4333, required the Secretary of Health and Human Services to appoint a Commission on the Evaluation of Pain consisting of at least twelve experts to conduct a study concerning the evaluation of pain in determining whether an individual is under a disability and to submit the results of the study no later than Dec. 31, 1985, after which the Commission would terminate.

Puspan. L. 98–460, § 7(c), Oct. 9, 1984, 98 Stat. 1804, required the Secretary of Health and Human Services to conduct a study concerning the effect which the enactment and continued operation of subsec. (g) of this section was having on various Trust Funds and the rate of appeals to administrative law judges of unfavorable determinations relating to disability or periods of disability and submit the results no later than July 1, 1986.

Special payment of $50 as soon as practicable after Mar. 29, 1975, by the Secretary of the Treasury to each individual who, for the month of March, 1975, was entitled to a monthly insurance benefit payable under this subchapter, see section 702 of Puspan. L. 94–12, set out as a note under section 402 of this title.

Puspan. L. 92–603, title I, § 133, Oct. 30, 1972, 86 Stat. 1361, provided that:

Individuals not insured for disability benefits as determined under subsec. (c)(1) of this section with respect to any month in a quarter deemed to have met such requirements in certain cases, see section 404 of Puspan. L. 86–778, set out as a note under section 416 of this title.