
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC416]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 416. Additional definitions

    For the purposes of this subchapter--

(a) Spouse; surviving spouse

    (1) The term ``spouse'' means a wife as defined in subsection (b) of 
this section or a husband as defined in subsection (f) of this section.
    (2) The term ``surviving spouse'' means a widow as defined in 
subsection (c) of this section or a widower as defined in subsection (g) 
of this section.

(b) Wife

    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.

(c) Widow

    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 (1) she is the mother of his son or daughter, (2) 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, (3) 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, (4) she was married to 
him at the time both of them legally adopted a child under the age of 
eighteen, (5) she was married to him for a period of not less than nine 
months immediately prior to the day on which he died, or (6) in the 
month prior to the month of her marriage to him (A) 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, (B) 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 (C) 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.

(d) Divorced spouses; divorce

    (1) 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.
    (2) 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.
    (3) 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.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) 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).
    (8) The terms ``divorce'' and ``divorced'' refer to a divorce a 
vinculo matrimonii.

(e) Child

    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) of this section, 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.

(f) Husband

    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.

(g) Widower

    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 (1) he is the father of her son or daughter, (2) 
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, (3) 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, (4) he was 
married to her at the time both of them legally adopted a child under 
the age of eighteen, (5) he was married to her for a period of not less 
than nine months immediately prior to the day on which she died, or (6) 
in the month before 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 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.

(h) Determination of family status

    (1)(A)(i) 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.
    (ii) 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.
    (B)(i) 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) of this section 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) 
of this section, 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.
    (ii) 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.
    (iii) 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.
    (iv) 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.
    (2)(A) 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.
    (B) 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.
    (3) 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:
        (A) 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)--
            (i) such insured individual--
                (I) has acknowledged in writing that the applicant is 
            his or her son or daughter,
                (II) has been decreed by a court to be the mother or 
            father of the applicant, or
                (III) 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) of this section), whichever is 
        earlier; or
            (ii) 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;

        (B) 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--
            (i) such insured individual--
                (I) has acknowledged in writing that the applicant is 
            his or her son or daughter,
                (II) has been decreed by a court to be the mother or 
            father of the applicant, or
                (III) 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
            (ii) 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;

        (C) in the case of a deceased individual--
            (i) such insured individual--
                (I) had acknowledged in writing that the applicant is 
            his or her son or daughter,
                (II) had been decreed by a court to be the mother or 
            father of the applicant, or
                (III) 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
            (ii) 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.

(i) Disability; period of disability

    (1) 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.
    (2)(A) 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.
    (B) 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) of this section). 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.
    (C) A period of disability shall begin--
        (i) on the day the disability began, but only if the individual 
    satisfies the requirements of paragraph (3) on such day; or
        (ii) 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.

    (D) 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) of this section), 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 of this chapter 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).
    (E) 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.
    (F) 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--
        (i) 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
        (ii) 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--
            (I) such application is filed not more than 12 months after 
        January 1968,
            (II) 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
            (III) 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.
    (G) 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).
    (3) 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--
        (A) 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
        (B)(i) he had not less than 20 quarters of coverage during the 
    40-quarter period which ends with such quarter, or
        (ii) 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
        (iii) 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.

(j) Periods of limitation ending on nonwork days

    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.

(k) Waiver of nine-month requirement for widow, stepchild, or widower in 
        case of accidental death or in case of serviceman dying in line 
        of duty, or in case of remarriage to same individual

    The requirement in clause (5) of subsection (c) of this section or 
clause (5) of subsection (g) of this section 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) of this section 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--
        (1) his death--
            (A) is accidental, or
            (B) 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

        (2)(A) 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
        (B) 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.

(l) Retirement age

    (1) The term ``retirement age'' means--
        (A) with respect to an individual who attains early retirement 
    age (as defined in paragraph (2)) before January 1, 2000, 65 years 
    of age;
        (B) 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;
        (C) with respect to an individual who attains early retirement 
    age after December 31, 2004, and before January 1, 2017, 66 years of 
    age;
        (D) 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
        (E) with respect to an individual who attains early retirement 
    age after December 31, 2021, 67 years of age.

    (2) 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.
    (3) 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:
        (A) 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.
        (B) 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.

(Aug. 14, 1935, ch. 531, title II, Sec. 216, as added Aug. 28, 1950, ch. 
809, title I, Sec. 104(a), 64 Stat. 492, 510; amended July 18, 1952, ch. 
945, Sec. 3(d), 66 Stat. 771; Sept. 1, 1954, ch. 1206, title I, 
Sec. 106(d), 68 Stat. 1080; Aug. 1, 1956, ch. 836, title I, 
Secs. 102(a), (d)(12), 103(c)(6), 70 Stat. 809, 815, 818; Pub. L. 85-
109, Sec. 1, July 17, 1957, 71 Stat. 308; Pub. L. 85-238, Sec. 3(h), 
Aug. 30, 1957, 71 Stat. 519; Pub. L. 85-840, title II, Secs. 201, 203, 
204(a), title III, Secs. 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, Secs. 207(a)-(c), 208(a)-(c), title IV, Secs. 402(e), 
403(c), title VII, Sec. 703, Sept. 13, 1960, 74 Stat. 950-952, 968, 969, 
994; Pub. L. 87-64, title I, Secs. 102(b)(2)(D), (c)(1), (2)(B), (3)(C), 
105, June 30, 1961, 75 Stat. 134, 135, 139; Pub. L. 88-650, Sec. 1(a)-
(c), Oct. 13, 1964, 78 Stat. 1075; Pub. L. 89-97, title III, 
Secs. 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, 
Secs. 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, Secs. 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, Sec. 304, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 95-216, 
title III, Sec. 337(a), Dec. 20, 1977, 91 Stat. 1548; Pub. L. 96-265, 
title III, Secs. 303(b)(2)(B), 306(b), June 9, 1980, 94 Stat. 453, 457; 
Pub. L. 96-473, Sec. 5(a)(2), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 97-
35, title XXII, Secs. 2202(a)(2), 2203(b)(2), (c)(2), (d)(3), (4), Aug. 
13, 1981, 95 Stat. 835-837; Pub. L. 98-21, title II, Sec. 201(a), 
(c)(1)(D), title III, Secs. 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, Secs. 2661(l), 2662(c)(1), 
2663(a)(11), July 18, 1984, 98 Stat. 1158, 1159, 1164; Pub. L. 98-460, 
Secs. 2(b), 4(a)(2), Oct. 9, 1984, 98 Stat. 1796, 1800; Pub. L. 100-203, 
title IX, Sec. 9010(e)(1), Dec. 22, 1987, 101 Stat. 1330-294; Pub. L. 
101-508, title V, Secs. 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, Sec. 107(a)(4), title III, Sec. 321(c)(6)(H), Aug. 15, 1994, 108 
Stat. 1478, 1538.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsec. (j), is 
classified generally to Title 26, Internal Revenue Code.


                               Amendments

    1994--Subsecs. (h), (i). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing, ``the Commissioner's'' for ``his'' in subsec. 
(h)(1)(B)(ii), and ``prescribed by the Commissioner'' for ``prescribed 
by him'' in subsec. (i)(2)(F)(i), (ii)(III).
    Subsec. (j). Pub. L. 103-296, Sec. 321(c)(6)(H), substituted 
``1986'' for ``1954'' after ``Code of''.
    Pub. L. 103-296, Sec. 107(a)(4), substituted ``Commissioner of 
Social Security'' for ``Secretary'' in two places.
    Subsec. (k). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' in two places.
    1990--Subsec. (e). Pub. L. 101-508, Sec. 5104(a), substituted 
``either living with or receiving at least one-half of his support from 
such individual at the time of such individual's death'' for ``at the 
time of such individual's death living in such individual's household'' 
and struck out before period at end of second sentence ``; except that 
this sentence shall not apply if at the time of such individual's death 
such person was receiving regular contributions toward his support from 
someone other than such individual or his spouse, or from any public or 
private welfare organization which furnishes services or assistance for 
children''.
    Subsec. (h)(1)(A). Pub. L. 101-508, Sec. 5119(a)(1), designated 
first and second sentences as cls. (i) and (ii), respectively.
    Subsec. (h)(1)(B)(i). Pub. L. 101-508, Sec. 5119(b), substituted 
``where under subsection (b), (c), (d), (f), or (g) of this section such 
applicant is not the wife, divorced wife, widow, surviving divorced 
wife, husband, divorced husband, widower, or surviving divorced husband 
of such individual'' for ``where under subsection (b), (c), (f), or (g) 
of this section such applicant is not the wife, widow, husband, or 
widower of such individual'', struck out ``and such applicant and the 
insured individual were living in the same household at the time of the 
death of such insured individual or (if such insured individual is 
living) at the time such applicant files the application,'' after 
``valid marriage,'', substituted ``subsections (b), (c), (d), (f), and 
(g)'' for ``subsections (b), (c), (f), and (g)'', and inserted at end 
``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.''
    Pub. L. 101-508, Sec. 5119(a)(2)(A), inserted ``(i)'' after ``(B)''.
    Subsec. (h)(1)(B)(ii). Pub. L. 101-508, Sec. 5119(a)(2)(B), (C), 
substituted ``(ii) The provisions of clause (i) shall not apply'' for 
``The provisions of the preceding sentence shall not apply (i) if 
another person is or has been entitled to a benefit under subsection 
(b), (c), (e), (f), or (g) of section 402 of this title on the basis of 
the wages and self-employment income of such insured individual and such 
other person is (or is deemed to be) a wife, widow, husband, or widower 
of such insured individual under subparagraph (A) at the time such 
applicant files the application, or (ii)''.
    Subsec. (h)(1)(B)(iii). Pub. L. 101-508, Sec. 5119(a)(2)(D)-(G), 
substituted ``(iii) The entitlement to a monthly benefit under 
subsection (b) or (c)'' for ``The entitlement to a monthly benefit under 
subsection (b), (c), (e), (f), or (g)'', ``a wife or husband'' for ``a 
wife, widow, husband, or widower'', and ``in which such person enters'' 
for ``(i) in which the Secretary certifies, pursuant to section 405(i) 
of this title, that another person is entitled to a benefit under 
subsection (b), (c), (e), (f), or (g) of section 402 of this title on 
the basis of the wages and self-employment income of such insured 
individual, if such other person is (or is deemed to be) the wife, 
widow, husband, or widower of such insured individual under subparagraph 
(A), or (ii) if the applicant is entitled to a monthly benefit under 
subsection (b) or (c) of section 402 of this title, in which such 
applicant entered''.
    Subsec. (h)(1)(B)(iv). Pub. L. 101-508, Sec. 5119(a)(2)(H), (I), 
inserted ``(iv)'' before ``For purposes'' and substituted ``(I)'' and 
``(II)'' for ``(i)'' and ``(ii)'', respectively.
    Subsec. (i)(1). Pub. L. 101-508, Sec. 5103(b)(1), substituted 
``(2)(B)'' for ``(2)(C)''.
    1987--Subsec. (i)(2)(D)(ii)(II). Pub. L. 100-203 substituted ``36-
month period'' for ``15-month period''.
    1984--Subsec. (f). Pub. L. 98-369, Sec. 2661(l)(1), inserted 
provision that 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.
    Subsec. (h)(3). Pub. L. 98-369, Sec. 2663(a)(11)(A), made technical 
amendment to directory language of Pub. L. 97-35, Sec. 2203(d)(4). See 
1981 Amendment Note below.
    Subsec. (h)(3)(A)(i). Pub. L. 98-369, Sec. 2661(l)(2), substituted 
``subsection (l) of this section'' for ``section 416(l) of this title''.
    Subsec. (i)(1). Pub. L. 98-460, Sec. 4(a)(2), inserted ``(2)(C),'' 
after ``(2)(A),''.
    Subsec. (i)(2)(B). Pub. L. 98-369, Sec. 2661(l)(3), substituted 
``subsection (l) of this section'' for ``section 416(l) of this title''.
    Pub. L. 98-369, Sec. 2662(c)(1), made clarifying amendment to Pub. 
L. 98-21, Sec. 201(c)(1)(D). See 1983 Amendment note below.
    Subsec. (i)(2)(D). Pub. L. 98-460, Sec. 2(b), inserted ``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 of this chapter 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).''
    Pub. L. 98-369, Sec. 2661(l)(3), substituted ``subsection (l) of 
this section'' for ``section 416(l) of this title''.
    Subsec. (i)(2)(F)(ii). Pub. L. 98-369, Sec. 2663(a)(11)(B), 
substituted a dash for a comma after ``before January 1968'' in 
provisions preceding subcl. (I).
    1983--Subsec. (a). Pub. L. 98-21, Sec. 304(c), added subsec. (a).
    Subsec. (d)(4), (5). Pub. L. 98-21, Sec. 301(c)(1), added pars. (4) 
and (5). Former par. (4) redesignated (6).
    Subsec. (d)(6). Pub. L. 98-21, Sec. 306(c), added par. (6) and 
redesignated former par. (6) as (8).
    Pub. L. 98-21, Sec. 301(c)(1), redesignated former par. (4) as (6).
    Subsec. (d)(7). Pub. L. 98-21, Sec. 306(c), added par. (7).
    Subsec. (d)(8). Pub. L. 98-21, Sec. 306(c), redesignated former par. 
(6) as (8).
    Subsecs. (f)(3)(A), (g)(6)(A). Pub. L. 98-21, Sec. 309(j), (k), 
inserted reference to subsec. (c) of section 402 of this title.
    Subsec. (h)(3). Pub. L. 98-21, Sec. 333(a), substituted 
``subparagraphs (A)(i) and (B)(i)'' for ``subparagraph (A)(i)'' in 
provisions following subpar. (C)(ii).
    Subsec. (h)(3)(A)(i). Pub. L. 98-21, Sec. 201(c)(1)(D), substituted 
``retirement age (as defined in subsection (l) of this section)'' for 
``age 65''.
    Subsec. (h)(3)(A)(i)(I). Pub. L. 98-21, Sec. 303(d)(1), substituted 
``his or her'' for ``his''.
    Subsec. (h)(3)(A)(i)(II). Pub. L. 98-21, Sec. 303(a), inserted 
``mother or'' before ``father''.
    Subsec. (h)(3)(A)(i)(III). Pub. L. 98-21, Sec. 303(d)(1), 
substituted ``his or her'' for ``his''.
    Subsec. (h)(3)(A)(ii). Pub. L. 98-21, Sec. 303(a), (b), inserted 
``mother or'' before ``father'' and substituted ``such applicant's 
application for benefits was filed'' for ``such insured individual 
became entitled to benefits or attained retirement age (as defined in 
subsection (l) of this section), whichever first occurred''.
    Pub. L. 98-21, Sec. 201(c)(1)(D), substituted ``retirement age (as 
defined in subsection (l) of this section)'' for ``age 65''.
    Subsec. (h)(3)(B). Pub. L. 98-21, Sec. 303(d)(2), substituted ``he 
or she'' for ``he'' in provisions preceding cl. (i).
    Subsec. (h)(3)(B)(i)(I). Pub. L. 98-21, Sec. 303(d)(1), substituted 
``his or her'' for ``his''.
    Subsec. (h)(3)(B)(i)(II). Pub. L. 98-21, Sec. 303(a), inserted 
``mother or'' before ``father''.
    Subsec. (h)(3)(B)(i)(III). Pub. L. 98-21, Sec. 303(d)(1), 
substituted ``his or her'' for ``his''.
    Subsec. (h)(3)(B)(ii). Pub. L. 98-21, Sec. 303(c), substituted 
``such applicant's application for benefits was filed'' for ``such 
period of disability began''.
    Pub. L. 98-21, Sec. 303(a), inserted ``mother or'' before 
``father''.
    Subsec. (h)(3)(C)(i)(I). Pub. L. 98-21, Sec. 303(d)(1), substituted 
``his or her'' for ``his''.
    Subsec. (h)(3)(C)(i)(II). Pub. L. 98-21, Sec. 303(a), inserted 
``mother or'' before ``father''.
    Subsec. (h)(3)(C)(i)(III). Pub. L. 98-21, Sec. 303(d)(1), 
substituted ``his or her'' for ``his''.
    Subsec. (h)(3)(C)(ii). Pub. L. 98-21, Sec. 303(a), inserted ``mother 
or'' before ``father''.
    Subsec. (i)(2)(B). Pub. L. 98-21, Sec. 201(c)(1)(D), as amended by 
Pub. L. 98-369, Sec. 2662(c)(1), substituted ``retirement age (as 
defined in subsection (l) of this section)'' for ``the age of 65''.
    Subsec. (i)(2)(D). Pub. L. 98-21, Sec. 201(c)(1)(D), substituted 
``retirement age (as defined in subsection (l) of this section)'' for 
``age 65''.
    Subsec. (i)(3)(B)(iii). Pub. L. 98-21, Sec. 332(a), added cl. (iii).
    Subsec. (l). Pub. L. 98-21, Sec. 201(a), added subsec. (l).
    1981--Subsec. (b). Pub. L. 97-35, Sec. 2203(b)(2), inserted 
provisions that for purposes of cl. (2), a wife 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 
and for purposes of section 402(b)(1)(C) of this title, a divorced wife 
be deemed not to be married throughout the month in which she becomes 
divorced.
    Subsec. (c). Pub. L. 97-35, Sec. 2202(a)(2)(A), inserted ``the first 
sentence of'' before ``section 402(i) of this title''.
    Subsec. (e). Pub. L. 97-35, Sec. 2203(d)(3), inserted provisions 
that for purposes of cl. (2), a child be deemed to have been a stepchild 
of an individual for a period of one year throughout the month in which 
occurs the expiration of such one year and for purposes of cl. (3), a 
person be deemed to have no natural or adoptive parent living, other 
than a parent who is under a disability, throughout the most recent 
month in which a natural or adoptive parent, not under a disability, 
dies.
    Subsec. (f). Pub. L. 97-35, Sec. 2203(c)(2), inserted provision that 
for purposes of cl. (2), a husband 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.
    Subsec. (g). Pub. L. 97-35, Sec. 2202(a)(2)(B), inserted ``the first 
sentence of'' before ``section 402(i) of this title''.
    Subsec. (h)(3). Pub. L. 97-35, Sec. 2203(d)(4), as amended by Pub. 
L. 98-369, Sec. 2663(a)(11)(A), inserted provision that for purposes of 
subpar. (A)(i), an acknowledgement, court decree, or court order be 
deemed to have occurred on the first day of the month in which it 
actually occurred.
    1980--Subsec. (i)(1). Pub. L. 96-473 inserted reference to section 
423(d)(6) of this title.
    Subsec. (i)(2)(D)(ii). Pub. L. 96-265, Sec. 303(b)(2)(B), 
substituted ``(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 15-month period referred to in such section'' for 
``(ii) the second month following the month in which the disability 
ceases''.
    Subsec. (i)(2)(G). Pub. L. 96-265, Sec. 306(b), inserted provisions 
placing limitations on the prospective effect of applications.
    1977--Subsec. (d)(1), (2). Pub. L. 95-216 substituted ``10'' for 
``20'' wherever appearing.
    1974--Subsecs. (b), (c), (f), (g). Pub. L. 93-445 substituted 
``section 231a of title 45'' for ``section 228e of title 45''.
    1972--Subsec. (e). Pub. L. 92-603, Sec. 113(a), extended definition 
of ``child'' to include grandchildren and stepgrandchildren of an 
individual or his spouse.
    Subsec. (i)(2)(A). Pub. L. 92-603, Sec. 116(d), substituted ``five'' 
for ``6''.
    Subsec. (i)(2)(B). Pub. L. 92-603, Sec. 118(b), provided for the 
filing of an application for a disability determination after the death 
of the insured individual.
    Subsec. (i)(3). Pub. L. 92-603, Secs. 104(g), 117(a), struck out 
``(if a woman) or age 65 (if a man)'' after ``attained age 62'' in 
subpar. (A), and substituted provisions eliminating the disability 
insured status requirement of substantial recent covered work in the 
case of individuals who are blind for provisions excepting the 
provisions of subpar. (A) in the case of an individual with respect to 
whom a period of disability would, but for such subpar., begin before 
1951 in the provisions following subpar. (B).
    Subsec. (k). Pub. L. 92-603, Secs. 115(b), 145(a), designated 
existing pars. (1) and (2) as subpars. (A) and (B) of par. (1), added 
par. (2), in par. (1), as so redesignated, substituted ``unless the 
Secretary determines that at the time of the marriage involved the 
individual could not have reasonably been expected to live for nine 
months'' for ``and he would satisfy such requirement if a three-month 
period were substituted for the nine-month period'', and in material 
following par. (2) substituted ``except that paragraph (2) of this 
subsection shall not apply'' for ``except that this subsection shall not 
apply''.
    1968--Subsec. (c)(5). Pub. L. 90-248, Sec. 156(a), substituted ``not 
less than nine months'' for ``not less than one year''.
    Subsec. (e). Pub. L. 90-248, Secs. 150(a), 156(b), inserted in first 
sentence ``not less than nine months immediately preceding'' before 
``the day on which such individual died'', and added, in second 
sentence, cl. (A) and incorporated existing provisions in cl. (B).
    Subsec. (g)(5). Pub. L. 90-248, Sec. 156(c), substituted ``not less 
than nine months'' for ``not less than one year''.
    Subsec. (i)(1). Pub. L. 90-248, Secs. 104(d)(2), 158(d), 172(a), 
(b), inserted ``402(e), 402(f),'' after ``402(d),'', redefined 
``blindness'' to mean central visual acuity of 20/200 rather than 5/200 
or less in the better eye and substituted provision deeming an eye 
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 as having a central visual acuity of 20/200 or less for former 
provision deeming an eye in which visual field is reduced to five 
degrees or less concentric contraction as having a central visual acuity 
of 5/200 or less, respectively, and deleted former third sentence which 
provided that an individual was not deemed under a disability unless he 
furnished proof as required and added third sentence making section 
423(d)(2)(A), (3), (4), and (5) of this title applicable to determine if 
an individual is under a disability.
    Subsec. (i)(2)(E) to (G). Pub. L. 90-248, Sec. 111(a), inserted 
introductory exception phrase, added subpar. (F), and redesignated 
former subpar. (F) as (G).
    Subsec. (i)(3)(B)(ii). Pub. L. 90-248, Sec. 105(a), struck out ``and 
he is under a disability by reason of blindness (as defined in paragraph 
(1) of this subsection)'' after ``age 31''.
    Subsec. (k). Pub. L. 90-248, Sec. 156(d), added subsec. (k).
    1965--Subsec. (b). Pub. L. 89-97, Secs. 306(c)(13), 308(d)(2)(B), 
334(a), inserted ``(subject, however, to section 402(s) of this 
title)'', included reference to subsec. (b) of section 402 of this 
title, and added cl. (3)(C), respectively.
    Subsec. (c). Pub. L. 89-97, Secs. 306(c)(13), 308(d)(2)(B), 334(b), 
inserted ``(subject, however, to section 402(s) of this title)'', 
included reference to subsec. (b) of section 402 of this title, and 
added cl. (6)(C), respectively.
    Subsec. (d). Pub. L. 89-97, Sec. 308(c), added pars. (1), (2), and 
(4), defining ``divorced wife'', ``surviving divorced wife'', and 
``divorce'' and ``divorced'', and incorporated definition of ``former 
wife divorced'' in par. (3), inserting ``who has died'' after 
``individual'' and redesignating cls. (1) to (4) as (A) to (D), 
respectively.
    Subsec. (f). Pub. L. 89-97, Secs. 306(c)(13), 334(c), inserted 
``(subject, however, to section 402(s) of this title)'' and added cl. 
(3)(C), respectively.
    Subsec. (g). Pub. L. 89-97, Secs. 306(c)(13), 334(d), inserted 
``(subject, however, to section 402(s) of this title)'' and added cl. 
(6)(C), respectively.
    Subsec. (h). Pub. L. 89-97, Sec. 339(a), added par. (3).
    Subsec. (i)(1)(A). Pub. L. 89-97, Sec. 303(a)(1), substituted ``or 
has lasted or can be expected to last for a continuous period of not 
less than 12 months'' for ``or to be of long-continued and indefinite 
duration''.
    Subsec. (i)(2). Pub. L. 89-97, Sec. 303(b)(1), struck out sixth 
sentence providing that: ``Any application for a disability 
determination which is filed within such three months' period or six 
months' period shall be deemed to have been filed on such first day or 
in such first month, as the case may be.''
    Subsec. (i)(2)(A). Pub. L. 89-97, Sec. 303(b)(1), designated first 
sentence as subpar. (A).
    Subsec. (i)(2)(B). Pub. L. 89-97, Sec. 303(b)(1), designated second 
sentence as subpar. (B), substituted therein ``No period of disability'' 
for ``No such disability'', and struck out ``, while under such 
disability,'' after ``unless such individual''.
    Subsec. (i)(2)(C). Pub. L. 89-97, Secs. 303(b)(1), 304(l), 
designated third sentence as subpar. (C), struck out ``(subject to 
section 423(a)(3) of this title)'' before ``begin'', and redesignated 
cls. (A) and (B) thereof as (i) and (ii); and again struck out 
``(subject to section 423(a)(3) of this title)'' before ``begin'', 
respectively.
    Subsec. (i)(2)(D). Pub. L. 89-97, Sec. 303(b)(1), designated fourth 
sentence as subpar. (D), substituted ``the close of whichever of the 
following months is the earlier: (i) the month preceding the month in 
which the individual attains age 65, or (ii) the second month following 
the month in which the disability ceases'' for ``the close of the last 
day of the month preceding which of the following months is the earlier: 
the month in which the individual attains age sixty-five or the third 
month following the month in which the disability ceases''.
    Subsec. (i)(2)(E). Pub. L. 89-97, Sec. 303(b)(1), designated fifth 
sentence as subpar. (E), substituted ``12 months'' for ``three months'' 
and ``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)'' for ``before the first day on 
which a period of disability can begin (as determined under this 
paragraph), or, in any case in which clause (ii) of section 423(a)(1) of 
this title is applicable, more than six months before the first month 
for which such applicant becomes entitled to benefits under section 423 
of this title,'', and struck out ``, and no such application which is 
filed prior to January 1, 1955, shall be accepted'' after ``for purposes 
of this paragraph''.
    Subsec. (i)(2)(F). Pub. L. 89-97, Sec. 328(b), added subpar. (F).
    Subsec. (i)(3). Pub. L. 89-97, Secs. 303(b)(2), 344(a), substituted 
``clauses (i) and (ii) of paragraph (2)(C)'' for ``clauses (A) and (B) 
of paragraph (2)'', 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, 
in the material following subpar. (B)(ii), inserted provision 
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, respectively.
    1964--Subsec. (i)(2). Pub. L. 88-650, Sec. 1(a), struck out 
provisions which directed that a period of disability shall begin if the 
individual satisfies the requirements of par. (3) of this subsection on 
such day, on the first day of the eighteen-month period which ends with 
the day before the day on which the individual files such application.
    Subsec. (i)(3). Pub. L. 88-650, Sec. 1(b), substituted ``paragraph 
(2) of this subsection'' for ``paragraphs (2) and (4) of this 
subsection''.
    Subsec. (i)(4). Pub. L. 88-650, Sec. 1(c), repealed par. (4) which 
related to the beginning of the period of disability for individuals who 
filed an application for a disability determination after Dec. 1954, and 
before July 1962, with respect to a disability which began before 
January 1961.
    1961--Subsec. (a). Pub. L. 87-64, Sec. 102(c)(1), repealed subsec. 
(a) which defined retirement age.
    Subsecs. (b), (c), (f), (g). Pub. L. 87-64, Sec. 102(c)(2)(B), 
substituted ``attainment of age 62'' for ``attainment of retirement 
age''.
    Subsec. (i)(2). Pub. L. 87-64, Sec. 102(b)(2)(D), substituted ``a 
period of disability shall (subject to section 423(a)(3) of this title) 
begin'' for ``a period of disability shall begin'' in third sentence.
    Subsec. (i)(3)(A). Pub. L. 87-64, Sec. 102(c)(3)(C), substituted 
``attainment age 62 (if a woman) or age 65 (if a man)'' for ``attained 
retirement age''.
    Subsec. (i)(4). Pub. L. 87-64, Sec. 105, substituted ``July 1962'' 
for ``July 1961'', and ``January 1961'' for ``July 1960''.
    1960--Subsec. (b). Pub. L. 86-778, Sec. 207(a), substituted ``one 
year'' for ``three years''.
    Subsec. (e). Pub. L. 86-778, Secs. 207(b), 208(c), in first 
sentence, reduced the period for eligibility of a stepchild of a living 
individual from three years immediately preceding the day on which 
application for child's benefits is filed to one year immediately 
preceding the day on which application for child's benefits is filed, 
and inserted the last sentence requiring, for purposes of clause (2), 
that 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 last sentence of subsec. 
(h)(1)(B) of this section, would have been a valid marriage.
    Subsec. (f). Pub. L. 86-778, Sec. 207(c), substituted ``one year'' 
for ``three years''.
    Subsec. (h)(1). Pub. L. 86-778, Sec. 208(a), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (h)(2). Pub. L. 86-778, Sec. 208(b), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (i)(2). Pub. L. 86-778, Secs. 402(e), 403(c), redefined 
``period of disability'' to include a period of less than six full 
calendar months' duration if the individual was entitled to benefits 
under section 423 of this title for one or more months in such period, 
prohibited acceptance of an application, in any case in which clause 
(ii) of section 423(a) of this title is applicable, filed more than six 
months before the first month for which the applicant becomes entitled 
to benefits under section 423 of this title, substituted provisions 
requiring a period of disability to end with the close of the last day 
of the month preceding whichever of the following months is the earlier: 
the month in which the individual attains age 65 or the third month 
following the month in which the disability ceases, for provisions which 
required a period of disability to end with the close of the last day of 
the first month in which either the disability ceases or the individual 
attains the age of 65, and inserted sentence providing that any 
application for a disability determination which is filed within such 
three months' period or six months' period shall be deemed to have been 
filed on such first day or in such first month, as the case may be.
    Subsec. (j). Pub. L. 86-778, Sec. 703, added subsec. (j).
    1958--Subsec. (b). Pub. L. 85-840, Sec. 301(d), included within 
definition of ``wife'' a woman who, in the month prior to the month of 
her marriage, was entitled to, or on application therefor and attainment 
of retirement age in such prior month would have been entitled to, 
benefits under subsection (e) or (h) of section 402 of this title, or 
had attained age eighteen and was entitled to, or on application 
therefor would have been entitled to, benefits under subsection (d) of 
section 402 of this title.
    Subsec. (c). Pub. L. 85-840, Sec. 301(b)(2) included within 
definition of ``widow'' a woman whose husband had legally adopted her 
son or daughter while she was married to him and while such son or 
daughter was under the age of eighteen, and a woman who, in the month 
prior to the month of her marriage, was entitled to, or on application 
therefor and attainment of retirement age in such prior month would have 
been entitled to, benefits under subsection (e) or (h) of section 402 of 
this title, or had attained age eighteen and was entitled to, or on 
application therefor would have been entitled to, benefits under 
subsection (d) of section 402 of this title.
    Subsec. (d). Pub. L. 85-840, Sec. 301(e), included within definition 
of ``former wife divorced'' a woman whose husband legally adopted her 
son or daughter while she was married to him and while such son or 
daughter was under the age of eighteen.
    Subsec. (e). Pub. L. 85-840, Sec. 302(a), struck out requirement 
that an adopted child of a living individual must have been adopted for 
not less than three years immediately preceding the day on which 
application for child's benefits is filed, and inserted provisions 
requiring a child to be deemed, as of the date of death of an 
individual, to be the legally adopted child of such individual if the 
child was living in the decedent's household at the time of his death 
and was legally adopted by the surviving spouse after the individual's 
death but before the end of two years after the day on which the 
individual died or Aug. 28, 1958, and the child was not receiving 
regular contributions toward his support from someone other than the 
individual or his spouse, or from any public or private welfare 
organization.
    Subsec. (f). Pub. L. 85-840, Sec. 301(a)(2), included within 
definition of ``husband'' a person who in the month prior to the month 
of his marriage was entitled to, or on application therefor and 
attainment of retirement age in such prior month would have been 
entitled to, benefits under subsection (f) or (h) of section 402 of this 
title, or who had attained age eighteen and was entitled to, or on 
application therefor would have been entitled to benefits under 
subsection (d) of section 402 of this title.
    Subsec. (g). Pub. L. 85-840, Sec. 301(c)(2), included within 
definition of ``widower'' a person whose wife had legally adopted his 
son or daughter while he was married to her and while such son or 
daughter was under the age of eighteen, and a person who, in the month 
before the month of his marriage, was entitled to, or on application 
therefor and attainment of retirement age in such prior month would have 
been entitled to, benefits under subsection (f) or (h) of section 402 of 
this title, or had attained age eighteen and was entitled to, or on 
application therefor would have been entitled to, benefits under 
subsection (d) of section 402 of this title.
    Subsec. (h)(3). Pub. L. 85-840, Sec. 305(b), repealed par. (3) which 
defined ``living with'' for purposes of section 402(i) of this title.
    Subsec. (i)(2). Pub. L. 85-840, Sec. 201, substituted ``while under 
such disability'' for ``while under a disability'' in opening 
provisions, and ``eighteen-month period'' for ``one-year period'' in cl. 
(A)(ii).
    Subsec. (i)(3). Pub. L. 85-840, Sec. 204(a), struck out provisions 
that required, for a period of disability to begin with respect to any 
quarter, an individual to have not less than six quarters of coverage 
during the thirteen-quarter period which ends with such quarter, and 
inserted provisions requiring an individual to be fully insured.
    Subsec. (i)(4). Pub. L. 85-840, Sec. 203, substituted ``July 1961'' 
for ``July 1958'' and ``July 1960'' for ``July 1957'', and struck out 
provisions which required the applicant to be alive on July 1, 1955.
    1957--Subsec. (h). Pub. L. 85-238 amended subsec. (h) generally to 
provide that the applicant is the wife, husband, widow, or widower if 
there is a finding that the applicant and the insured individual were 
validly married at the time the application for benefits is filed, or at 
the time the insured individual died, and to eliminate provisions which 
prescribed certain conditions under which a wife or husband would be 
deemed to have been living with his or her spouse, and which related to 
determination of status of parent.
    Subsec. (i)(4). Pub. L. 85-109, substituted ``July 1958'' for ``July 
1957'' and ``July 1957'' for ``July 1956''.
    1956--Subsec. (a). Act Aug. 1, 1956, Sec. 102(a), reduced the 
retirement age in the case of a woman from age sixty-five to age sixty-
two.
    Subsec. (i)(1). Act Aug. 1, 1956, Sec. 103(c)(6), inserted ``Except 
for purposes of sections 402(d), 423, and 425 of this title''.
    Subsec. (i)(2). Act Aug. 1, 1956, Sec. 102(d)(12), substituted ``the 
age of sixty-five'' for ``retirement age'' in two places.
    1954--Subsec. (i). Act Sept. 1, 1954, Sec. 106(d), added subsec. 
(i). Former subsec. (i), which was added by act July 18, 1952, 
Sec. 3(d), ceased to be in effect at the close of June 30, 1953. See 
Effective and Termination Date of 1952 Amendment note set out under 
section 413 of this title.
    1952--Subsec. (i). Act July 18, 1952, added subsec. (i).


                    Effective Date of 1994 Amendment

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


                    Effective Date of 1990 Amendment

    Amendment by section 5103(b)(1) of Pub. 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 Pub. L. 101-508, set out as a note 
under section 402 of this title.
    Section 5104(b) of Pub. L. 101-508 provided that: ``The amendments 
made by this section [amending this section] shall apply with respect to 
benefits payable for months after December 1990, but only on the basis 
of applications filed after December 31, 1990.''
    Amendment by section 5119(a), (b) of Pub. L. 101-508 applicable with 
respect to benefits for months after December 1990, and applicable only 
with respect to benefits for which application is filed with Secretary 
of Health and Human Services after Dec. 31, 1990, with exception from 
application requirement, see section 5119(e) of Pub. L. 101-508, set out 
as a note under section 403 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-203 effective Jan. 1, 1988, and applicable 
with respect to individuals entitled to benefits under specific 
provisions of sections 402 and 423 of this title for any month after 
December 1987, and individuals entitled to benefits payable under 
specific provisions of sections 402 and 423 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 Pub. L. 
100-203 has not elapsed as of Jan. 1, 1988, see section 9010(f) of Pub. 
L. 100-203, set out as a note under section 402 of this title.


                    Effective Date of 1984 Amendments

    Amendment by section 2(b) of Pub. L. 98-460 applicable to 
determinations made by the Secretary on or after Oct. 9, 1984, with 
certain enumerated exceptions and qualifications, see section 2(d) of 
Pub. L. 98-460, set out as a note under section 423 of this title.
    Amendment by section 4(a)(2) of Pub. L. 98-460 applicable with 
respect to determinations made on or after the first day of the first 
month beginning after 30 days after Oct. 9, 1984, see section 4(c) of 
Pub. L. 98-460, set out as a note under section 423 of this title.
    Amendment by section 2661(l) of Pub. L. 98-369 effective as though 
included in the enactment of the Social Security Amendments of 1983, 
Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set out as a note 
under section 401 of this title.
    Amendment by section 2663(a)(11) of Pub. 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(b) of Pub. L. 98-
369, set out as a note under section 401 of this title.


                    Effective Date of 1983 Amendment

    Amendment by sections 301(c), 303, 304(c), 306(c), and 309(j), (k) 
of Pub. L. 98-21 applicable only with respect to monthly payments 
payable under this subchapter for months after April 1983, see section 
310 of Pub. L. 98-21, set out as a note under section 402 of this title.
    Section 332(c) of Pub. L. 98-21 provided that: ``The amendments made 
by this section [amending this section and section 423 of this title] 
shall be effective with respect to applications for disability insurance 
benefits under section 223 of the Social Security Act [section 423 of 
this title], and for disability determinations under section 216(i) of 
such Act [subsec. (i) of this section], filed after the date of the 
enactment of this Act [Apr. 20, 1983], except that no monthly benefits 
under title II of the Social Security Act [this subchapter] shall be 
payable or increased by reason of the amendments made by this section 
for months before the month following the month of enactment of this 
Act.''
    Section 333(b) of Pub. L. 98-21 provided that: ``The amendment made 
by subsection (a) [amending this section] shall be effective on the date 
of the enactment of this Act [Apr. 20, 1983].''


                    Effective Date of 1981 Amendment

    Amendment by section 2202(a)(2) of Pub. L. 97-35 applicable only 
with respect to deaths occurring after August 1981, see section 2202(b) 
of Pub. L. 97-35, set out as a note under section 402 of this title.
    Amendment by section 2203(b)(2), (c)(2) of Pub. L. 97-35 applicable 
only to monthly insurance benefits payable to individuals who attain age 
62 after August 1981, and amendment by section 2203(d)(3), (4) of Pub. 
L. 97-35 applicable to monthly insurance benefits for months after 
August 1981, and only in the case of individuals who were not entitled 
to such insurance benefits for August 1981 or any preceding month, see 
section 2203(f)(1), (2) of Pub. L. 97-35, set out as a note under 
section 402 of this title.


                    Effective Date of 1980 Amendments

    Amendment by Pub. L. 96-473 effective with respect to benefits 
payable for months beginning on or after Oct. 1, 1980, see section 5(d) 
of Pub. L. 96-473, set out as a note under section 402 of this title.
    Amendment by section 303(b)(2)(B) of Pub. L. 96-265 effective on 
first day of sixth month which begins after June 9, 1980, to apply with 
respect to any individual whose disability has not been determined to 
have ceased prior to such first day, see section 303(d) of Pub. L. 96-
265, set out as a note under section 402 of this title.
    Amendment by section 306(b) of Pub. L. 96-265 applicable to 
applications filed after June 1980, see section 306(d) of Pub. L. 96-
265, set out as a note under section 402 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-216 effective with respect to monthly 
benefits after Dec., 1978, and applications filed on or after Jan. 1, 
1979, see section 337(c) of Pub. L. 95-216, set out as a note under 
section 402 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-445 effective Jan. 1, 1975, see section 603 
of Pub. L. 93-445, set out as a note under section 402 of this title.


                    Effective Date of 1972 Amendment

    Amendment by section 104(g) of Pub. L. 92-603 applicable only in the 
case of a man who attains (or would attain) age 62 after December 1974, 
with the figure ``65'' in subsec. (i)(3)(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 Pub. L. 92-603, set out as a note under section 
414 of this title.
    Amendment by section 113(a) of Pub. L. 92-603 applicable with 
respect to monthly benefits payable under this subchapter for months 
after December 1972, but only on the basis of applications filed on or 
after October 30, 1972, see section 113(c) of Pub. L. 92-603, set out as 
a note under section 402 of this title.
    Section 115(c) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section] shall apply only with 
respect to benefits payable under title II of the Social Security Act 
[this subchapter] for months after December 1972 on the basis of 
applications filed in or after the month in which this Act is enacted 
[October 1972].''
    Amendment by section 116(d) of Pub. L. 92-603 effective with respect 
to applications for disability determinations under subsec. (i) of this 
section filed on or after October 1972 or before October 1972 under 
specified conditions, see section 116(e) of Pub. L. 92-603, set out as a 
note under section 423 of this title.
    Amendment by section 117(a) of Pub. L. 92-603 effective with respect 
to applications for disability determinations under subsec. (i) of this 
section filed in or after October 1972 or before October 1972 under 
specified conditions, see section 117(c) of Pub. L. 92-603, set out as a 
note under section 423 of this title.
    Section 118(c) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and section 423 of this 
title] shall apply in the case of deaths occurring after December 31, 
1969. For purposes of such amendments (and for purposes of sections 
202(j)(1) and 223(b) of the Social Security Act [sections 402(j)(1) and 
423(b) of this title], any application with respect to an individual 
whose death occurred after December 31, 1969, but before the date of the 
enactment of this Act [Oct. 30, 1972] which is filed in, or within 3 
months after the month in which this Act is enacted [October 1972] shall 
be deemed to have been filed in the month in which such death 
occurred.''
    Section 145(b) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section] shall apply only with 
respect to benefits payable under title II of the Social Security Act 
[this subchapter] for months after December 1972 on the basis of 
applications filed in or after the month in which this Act is enacted 
[October 1972].''


                    Effective Date of 1968 Amendment

    Amendment by section 104 of Pub. L. 90-248 applicable with respect 
to monthly benefits under this subchapter for and after the month of 
February 1968, but only on the basis of applications for such benefits 
filed in or after January 1968, see section 104(e) of Pub. L. 90-248, 
set out as a note under section 402 of this title.
    Section 105(c) of Pub. L. 90-248 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply only with respect 
to applications for disability determinations filed under section 216(i) 
of the Social Security Act [subsec. (i) of this section] in or after the 
month in which this Act is enacted [January 1968]. The amendments made 
by subsection (b) [amending section 423 of this title] shall apply with 
respect to monthly benefits under title II of such Act [this subchapter] 
for months after January 1968, but only on the basis of applications for 
such benefits filed in or after the month in which this Act is 
enacted.''
    Section 111(b) of Pub. L. 90-248 provided that: ``No monthly 
insurance benefits under title II of the Social Security Act [this 
subchapter] shall be payable or increased for any month before the month 
in which this Act is enacted [January 1968] by reason of amendments made 
by subsection (a) [amending this section].''
    Section 150(b) of Pub. L. 90-248 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
monthly benefits payable under title II of the Social Security Act [this 
subchapter] for months after January 1968, but only on the basis of an 
application filed in or after the month in which this Act is enacted 
[January 1968].''
    Section 156(e) of Pub. L. 90-248 provided that: ``The amendments 
made by this section [amending this section] shall apply with respect to 
monthly benefits under title II of the Social Security Act [this 
subchapter] for months after January 1968, but only on the basis of 
applications filed in or after the month in which this Act is enacted 
[January 1968].''
    Amendment by section 158(d) of Pub. L. 90-248 applicable with 
respect to applications for disability insurance benefits under section 
423 of this title and to disability determinations under subsec. (i) of 
this section, see section 158(e) of Pub. L. 90-248, set out as a note 
under section 423 of this title.
    Section 172(c) of Pub. L. 90-248 provided that: ``The amendments 
made by this section [amending this section] shall be effective with 
respect to benefits under section 223 of the Social Security Act 
[section 423 of this title] for months after January 1968 based on 
applications filed after the date of enactment of this Act [Jan. 2, 
1968] and with respect to disability determinations under section 216(i) 
of the Social Security Act [subsec. (i) of this section] based on 
applications filed after the date of enactment of this Act.''


                    Effective Date of 1965 Amendment

    Amendment by section 308(c), (d)(2)(B) of Pub. L. 89-97 applicable 
with respect to monthly insurance benefits under this subchapter 
beginning with the second month following July 1965, but, in the case of 
an individual who was not entitled to a monthly insurance benefit under 
section 402 of this title for the first month following July 1965, only 
on the basis of an application filed in or after July 1965, see section 
308(e) of Pub. L. 89-97, set out as a note under section 402 of this 
title.
    Amendment by section 334(a)-(d) of Pub. L. 89-97 applicable only 
with respect to monthly insurance benefits under section 401 et seq. of 
this title beginning with September 1965 but only on the basis of 
applications filed in or after July 1965, see section 334(g) of Pub. L. 
89-97, set out as a note under section 402 of this title.
    Section 339(c) of Pub. L. 89-97 provided that: ``The amendments made 
by subsections (a) and (b) [amending this section and section 402 of 
this title] shall be applicable with respect to monthly insurance 
benefits under title II of the Social Security Act [this subchapter] 
beginning with the second month following the month in which this Act is 
enacted [July 1965] but only on the basis of an application filed in or 
after the month in which this Act is enacted.''
    Amendment by section 303(a)(1), (b)(1), (2) of Pub. L. 89-97 
effective with respect to applications for disability insurance benefits 
under section 423 of this title, and for disability determinations under 
subsec. (i) of this section, filed in or after July 1965 or before July 
1965, if the applicant has not died before such month, and notice of 
final administrative decision has not been given to the applicant before 
such month, except that monthly insurance benefits under this subchapter 
shall not be payable or increased by reason of amendments to subsecs. 
(i)(1)(A), (2), (3) of this section for months before the second month 
following July 1965, see section 303(f)(1) of Pub. L. 89-97, set out as 
a note under section 423 of this title.
    Amendment by section 304(l) of Pub. 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 Pub. L. 89-97, set 
out as a note under section 402 of this title.
    Section 328(d) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and sections 402 and 423 of this 
title] shall apply with respect to (1) applications filed on or after 
the date of enactment of this Act [July 30, 1965], (2) applications as 
to which the Secretary has not made a final decision before the date of 
enactment of this Act, and (3) if a civil action with respect to final 
decision by the Secretary has been commenced under section 205(g) of the 
Social Security Act [section 405(g) of this title] before the date of 
enactment of this Act, applications as to which there has been no final 
judicial decision before the date of enactment of this Act.''
    Section 344(e) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and section 423 of this title] 
shall apply only with respect to monthly benefits under title II of the 
Social Security Act [this subchapter] for months after the first month 
following the month in which this Act is enacted [July 1965], on the 
basis of applications for such benefits filed in or after the month in 
which this Act is enacted.''


                    Effective Date of 1964 Amendment

    Section 1(d) of Pub. L. 88-650 provided that:
    ``(1) The amendments made by subsections (a), (b), and (c) [amending 
this section] shall apply in the case of applications for disability 
determinations under section 216(i) of the Social Security Act [subsec. 
(i) of this section] filed after the month following the month in which 
this Act is enacted [October 1964].
    ``(2) Except as provided in the succeeding paragraphs, such 
amendments shall also apply, and as though such amendments had been 
enacted on July 1, 1962, in the case of applications for disability 
determinations filed under section 216(i) of the Social Security Act 
[subsec. (i) of this section] during the period beginning July 1, 1962, 
and ending with the close of the month following the month in which this 
Act is enacted [October 1964], by an individual who--
        ``(A) has been under a disability (as defined in such section 
    216(i)) continuously since he filed such application and up to (i) 
    the first day of the second month following the month in which this 
    Act is enacted or (ii) if earlier, the first day of the month in 
    which he attained the age of 65, and
        ``(B) is living on the day specified in subparagraph (A)(i).
    ``(3) In the case of an individual to whom paragraph (2) applies and 
who filed an application for disability insurance benefits under section 
223 of the Social Security Act [section 423 of this title] during the 
period specified in such paragraph--
        ``(A) if such individual was under a disability (as defined in 
    section 223(c) of such Act) throughout such period and was not 
    entitled to disability insurance benefits under such section 223 for 
    any month in such period (except for the amendments made by this 
    section), such application and any application filed during such 
    period for benefits under section 202 of the Social Security Act 
    [section 402 of this title] on the basis of the wages and self-
    employment income of such individual shall, notwithstanding section 
    202(j)(2) and the first sentence of section 223(b), be deemed an 
    effective application, or
        ``(B) if such individual was entitled (without the application 
    of this section) to disability insurance benefits under section 223 
    [section 423 of this title] for a continuous period of months 
    immediately preceding--
            ``(i) the second month following the month in which this Act 
        was enacted [October 1964], or
            ``(ii) if earlier, the month in which he became entitled to 
        benefits under section 202(a) [section 402(a) of this title],
    his primary insurance amount shall be recomputed, but only if such 
    amount would be increased solely by reason of the enactment of this 
    section.
    ``(4) No monthly insurance benefits, and no increase in monthly 
insurance benefits, may be paid under title II of the Social Security 
Act [this subchapter] by reason of the enactment of this section for any 
month before the eleventh month before the month in which this Act is 
enacted [October 1964].
    ``(5) In the case of an individual (A) who is entitled under section 
202 of the Social Security Act [section 402 of this title] (but without 
the application of subsection (j)(1) of such section) to a widow's, 
widower's, or parent's insurance benefit, or to an old-age, wife's or 
husband's insurance benefit which is reduced under section 202(q) of 
such Act, for any month in the period referred to in paragraph (2) of 
this subsection, (B) who was under a disability (as defined in section 
223(c) of the Social Security Act [section 423(c) of this title]) which 
began prior to the sixth month before the first month for which the 
benefits referred to in clause (A) are payable and which continued 
through the month following the month in which this Act is enacted 
[October 1964], and (C) who files an application for disability 
insurance benefits under section 223(a)(1) of the Social Security Act--
        ``(i) subsection (a)(3) of section 223 of the Social Security 
    Act shall not prevent him from being entitled to such disability 
    insurance benefits;
        ``(ii) the provisions of subsection (a)(1) of such section 223 
    terminating entitlement to disability insurance benefits by reason 
    of entitlement to old-age insurance benefits shall not apply with 
    respect to him unless and until he again becomes entitled to such 
    old-age insurance benefits under the provisions of section 202 of 
    such Act;
        ``(iii) such individual shall, for any month for which he is 
    thereby entitled to both old-age insurance benefits and disability 
    insurance benefits, be entitled only to such disability insurance 
    benefits; and
        ``(iv) in case the benefits reduced under subsection (q) of 
    section 202 of such Act are old-age insurance benefits (I) such old-
    age insurance benefits for the months in the period referred to in 
    paragraph (2) of this subsection shall not be recomputed solely by 
    reason of the enactment of this section, and, if otherwise 
    recomputed, the provisions of and amendments made by this section 
    shall not apply to such recomputation; and (II) the months for which 
    he received such old-age insurance benefits before or during the 
    period for which he becomes entitled, by reason of such enactment, 
    to disability insurance benefits under such section 223 and the 
    months for which he received such disability insurance benefits 
    shall be excluded from the `reduction period' and the `adjusted 
    reduction period', as defined in paragraphs (5) and (6), 
    respectively, of such subsection (q) for purposes of determining the 
    amount of the old-age insurance benefits to which he may 
    subsequently become entitled.
    ``(6) The entitlement of any individual to benefits under section 
202 of the Social Security Act [section 402 of this title] shall not be 
terminated solely by reason of the enactment of this section, except 
where such individual is entitled to benefits under section 202(a) or 
223 of such Act [section 402(a) or 423 of this title] in an amount which 
(but for this subsection) would have required termination of such 
benefits under such section 202.''


                    Effective Date of 1961 Amendment

    Amendment by section 102(b)(2)(D) of Pub. L. 87-64 effective Aug. 1, 
1961, and amendment by section 102(c)(1), (2)(B), (3)(C) of Pub. 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 Pub. L. 87-64, set out as notes under section 
402 of this title.
    Section 105 of Pub. L. 87-64 provided that the amendment made by 
that section is effective with respect to applications for disability 
determinations filed on or after July 1, 1961.


                    Effective Date of 1960 Amendment

    Section 207(d) of Pub. L. 86-778 provided that: ``The amendments 
made by this section [amending this section] shall apply only with 
respect to monthly benefits under section 202 of the Social Security Act 
[section 402 of this title] for months beginning with the month in which 
this Act is enacted [September 1960], on the basis of applications filed 
in or after such month.''
    Section 208(f) of Pub. L. 86-778 provided that: ``The amendments 
made by the preceding provisions of this section [amending this section 
and section 402 of this title] shall be applicable (1) with respect to 
monthly benefits under title II of the Social Security Act [this 
subchapter] for months beginning with the month in which this Act is 
enacted [September 1960] on the basis of an application filed in or 
after such month, and (2) in the case of a lump-sum death payment under 
such title based on an application filed in or after such month, but 
only if no person, other than the person filing such application, has 
filed an application for a lump-sum death payment under such title prior 
to the date of the enactment of this Act [Sept. 13, 1960] with respect 
to the death of the same individual.''
    Amendment by section 402(e) of Pub. L. 86-778 applicable only in the 
case of individuals who become entitled to benefits under section 423 of 
this title in or after September 1960, see section 402(f) of Pub. L. 86-
778, set out as a note under section 423 of this title.
    Amendment by section 403(c) of Pub. L. 86-778 applicable only in the 
case of individuals who have a period of disability (as defined in 
subsec. (i) of this section) beginning on or after Sept. 13, 1960, or 
beginning before Sept. 13, 1960 and continuing, without regard to such 
amendment, beyond the end of September 1960, see section 403(e) of Pub. 
L. 86-778, set out as a note under section 422 of this title.


                    Effective Date of 1958 Amendment

    Section 207(a) of Pub. L. 85-840 provided that: ``The amendments 
made by section 201 [amending this section] shall apply with respect to 
applications for a disability determination under section 216(i) of the 
Social Security Act [subsec. (i) of this section] filed after June 1961. 
The amendments made by section 202 [amending section 423 of this title] 
shall apply with respect to applications for disability insurance 
benefits under section 223 of such Act filed after December 1957. The 
amendments made by section 203 [amending this section] shall apply with 
respect to applications for a disability determination under such 
section 216(i) filed after June 1958. The amendments made by section 204 
[amending this section and section 423 of this title] shall apply with 
respect to (1) applications for disability insurance benefits under such 
section 223 or for a disability determination under such section 216(i) 
filed on or after the date of enactment of this Act [Aug. 28, 1958], and 
(2) applications for such benefits or for such a determination filed 
after 1957 and prior to such date of enactment if the applicant has not 
died prior to such date of enactment and if notice to the applicant of 
the Secretary's decision with respect thereto has not been given to him 
on or prior to such date, except that (A) no benefits under title II of 
the Social Security Act [this subchapter] for the month in which this 
Act is enacted [August 1958] or any prior month shall be payable or 
increased by reason of the amendments made by section 204 of this Act, 
and (B) the provisions of section 215(f)(1) of the Social Security Act 
[section 415(f)(1) of this title] shall not prevent recomputation of 
monthly benefits under section 202 of such Act [section 402 of this 
title] (but no such recomputation shall be regarded as a recomputation 
for purposes of section 215(f) of such Act). The amendments made by 
section 205 (other than by subsections (k) and (m)) [amending sections 
401, 402, 403, 414, 422, and 425 of this title] shall apply with respect 
to monthly benefits under title II of the Social Security Act [this 
subchapter] for months after the month in which this Act is enacted, but 
only if an application for such benefits is filed on or after the date 
of enactment of this Act. The amendments made by section 206 [repealing 
section 424 of this title] and by subsections (k) and (m) of section 205 
[amending sections 403 and 415 of this title] shall apply with respect 
to monthly benefits under title II of the Social Security Act [this 
subchapter] for the month in which this Act is enacted and succeeding 
months.''
    Amendment by section 301(a)(2), (b)(2), (c)(2), (d), (e) of Pub. L. 
85-840 applicable with respect to monthly benefits under section 402 of 
this title for months beginning after Aug. 28, 1958, but only if an 
application for such benefits is filed on or after such date, see 
section 301(f) of Pub. L. 85-840, set out as a note under section 402 of 
this title.
    Section 302(b) of Pub. L. 85-840 provided that: ``The amendment made 
by this section [amending this section] shall apply with respect to 
monthly benefits under section 202 of the Social Security Act [section 
402 of this title] for months beginning after the date of enactment of 
this Act [Aug. 28, 1958], but only if an application for such benefits 
is filed on or after such date.''
    Amendment by section 305(b) of Pub. L. 85-840 applicable in the case 
of lump-sum death payments under section 402(i) of this title on the 
basis of the wages and self-employment income of any individual who dies 
after August 1958, see section 305(c) of Pub. L. 85-840, set out as a 
note under section 402 of this title.


                    Effective Date of 1957 Amendment

    Amendment by Pub. L. 85-238 applicable to monthly benefits under 
section 402 of this title for months after August 1957, but not to 
operate to deprive any such parent of benefits to which he would 
otherwise be entitled under section 402(h) of this title, see section 
3(i) of Pub. L. 85-238, set out as a note under section 402 of this 
title.


                    Effective Date of 1956 Amendment

    Section 102(b) of act Aug. 1, 1956, provided that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall apply in the case of benefits under subsection (e) of section 202 
of the Social Security Act [section 402(e) of this title] for months 
after October 1956, but only, except in the case of an individual who 
was entitled to wife's or mother's insurance benefits under such section 
202 for October 1956, or any month thereafter, on the basis of 
applications filed after the date of enactment of this Act [Aug. 1, 
1956]. The amendment made by subsection (a) shall apply in the case of 
benefits under subsection (h) of such section 202 for months after 
October 1956 on the basis of applications filed after the date of 
enactment of this Act.
    ``(2) Except as provided in paragraphs (1) and (4), the amendment 
made by subsection (a) shall apply in the case of lump-sum death 
payments under section 202(i) of the Social Security Act with respect to 
deaths after October 1956, and in the case of monthly benefits under 
title II of such Act [this subchapter] for months after October 1956 on 
the basis of applications filed after the date of enactment of this Act.
    ``(3) For purposes of section 215(b)(3)(B) of the Social Security 
Act [section 415(b)(3)(B) of this title] (but subject to paragraphs (1) 
and (2) of this subsection)--
        ``(A) a woman who attains the age of sixty-two prior to November 
    1956 and who was not eligible for old-age insurance benefits under 
    section 202 of such Act (as in effect prior to the enactment of this 
    Act) for any month prior to November 1956 shall be deemed to have 
    attained the age of sixty-two in 1956 or, if earlier, the year in 
    which she died;
        ``(B) a woman shall not, by reason of the amendment made by 
    subsection (a), be deemed to be a fully insured individual before 
    November 1956 or the month in which she died, whichever month is the 
    earlier; and
        ``(C) the amendment made by subsection (a) shall not be 
    applicable in the case of any woman who was eligible for old-age 
    insurance benefits under such section 202 for any month prior to 
    November 1956.
A woman shall, for purposes of this paragraph, be deemed eligible for 
old-age insurance benefits under section 202 of the Social Security Act 
for any month if she was or would have been, upon filing application 
therefor in such month, entitled to such benefits for such month.
    ``(4) For purposes of section 209(i) of such Act [section 409(i) of 
this title], the amendment made by subsection (a) shall apply only with 
respect to remuneration paid after October 1956.''


                    Effective Date of 1954 Amendment

    Amendment by section 106(d) of act Sept. 1, 1954, applicable with 
respect to monthly benefits under subchapter II of this chapter for 
months after June 1955, and with respect to lump-sum death payments 
under such subchapter in the case of deaths occurring after June 1955; 
but that no recomputation of benefits by reason of such amendments shall 
be regarded as a recomputation for purposes of section 415(f) of this 
title, see section 106(h) of act Sept. 1, 1954, set out as a note under 
section 413 of this title.


            Effective and Termination Date of 1952 Amendment

    For effective and termination dates of amendment by Act July 18, 
1952, see section 3(f), (g) of act July 18, 1952, set out as a note 
under section 413 of this title.


                             Effective Date

    Section applicable (1) in case of monthly benefits for months after 
August 1950, and (2) in the case of lump-sum death payments with respect 
to deaths after August 1950, see section 104(b) of act Aug. 28, 1950, 
set out as an Effective Date of 1950 Amendment note under section 409 of 
this title.


                          Retroactive Benefits

    For provisions relating to entitlement to retroactive benefits under 
section 2 of Pub. L. 98-460 (which amended subsec. (i)(2)(D) of this 
section), see section 2(f) of Pub. L. 98-460, set out as a note under 
section 423 of this title.


                       Promulgation of Regulations

    For provisions requiring the Secretary of Health and Human Services 
to prescribe regulations necessary to implement amendment to subsec. 
(i)(2)(D) of this section by section 2(b) of Pub. L. 98-460 not later 
than 180 days after Oct. 9, 1984, see section 2(g) of Pub. L. 98-460, 
set out as a note under section 423 of this title.


 Study of Effect of Raising Retirement Age on Those Unlikely To Benefit 
                     From Improvements in Longevity

    Section 201(d) of Pub. L. 98-21 required the Secretary to conduct a 
comprehensive study and analysis of the implications of the changes made 
by this section (amending sections 402, 403, 415, 416, and 423 of this 
title) in retirement age in the case of certain individuals and submit 
to Congress no later than January 1, 1986, a full report on the study 
and analysis, including any recommendations for legislative changes.


  Special Insured Status Test in Certain Cases for Disability Purposes

    Section 404 of Pub. L. 86-778 provided that:
    ``(a) In the case of any individual who does not meet the 
requirements of section 216(i)(3) of the Social Security Act [subsec. 
(i)(3) of this section] with respect to any quarter, or who is not 
insured for disability insurance benefits as determined under section 
223(c)(1) of such Act [section 423(c)(1) of this title] with respect to 
any month in a quarter, such individual shall be deemed to have met such 
requirements with respect to such quarter or to be so insured with 
respect to such month of such quarter, as the case may be, if--
        ``(1) he had a total of not less than twenty quarters of 
    coverage (as defined in section 213 of such Act [section 413 of this 
    title]) during the period ending with the close of such quarter, and
        ``(2) all of the quarters elapsing after 1950 and up to but 
    excluding such quarter were quarters of coverage with respect to him 
    and there were not fewer than six such quarters of coverage.
    ``(b) Subsection (a) shall apply only in the case of applications 
for disability insurance benefits under section 223 of the Social 
Security Act, or for disability determinations under section 216(i) of 
such Act, filed in or after the month in which this Act is enacted 
[September 1960], and then only with respect to an individual who, but 
for such subsection (a), would not meet the requirements for a period of 
disability under section 216(i) with respect to the quarter in which 
this Act is enacted or any prior quarter and would not meet the 
requirements for benefits under section 223 with respect to the month in 
which this Act is enacted or any prior month. No benefits under title II 
of the Social Security Act [this subchapter] for the month in which this 
Act is enacted or any prior month shall be payable or increased by 
reason of the amendment made by such subsection.''

                  Section Referred to in Other Sections

    This section is referred to in sections 402, 403, 413, 414, 415, 
417, 421, 422, 423, 428, 429, 431, 1382c, 1395i-2a, 1395ii, 1437j of 
this title; title 5 section 8311; title 26 section 415; title 30 section 
902; title 45 sections 231a, 231b, 231c, 231d, 231e, 231q.
