
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: 42USC423]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 423. Disability insurance benefit payments


(a) Disability insurance benefits

    (1) Every individual who--
        (A) is insured for disability insurance benefits (as determined 
    under subsection (c)(1) of this section),
        (B) has not attained retirement age (as defined in section 
    416(l) of this title),
        (C) has filed application for disability insurance benefits, and
        (D) is under a disability (as defined in subsection (d) of this 
    section)

shall be entitled to a disability insurance benefit (i) for each month 
beginning with the first month after his waiting period (as defined in 
subsection (c)(2) of this section) in which he becomes so entitled to 
such insurance benefits, or (ii) for each month beginning with the first 
month during all of which he is under a disability and in which he 
becomes so entitled to such insurance benefits, but only if he was 
entitled to disability insurance benefits which terminated, or had a 
period of disability (as defined in section 416(i) of this title) which 
ceased, within the 60-month period preceding the first month in which he 
is under such disability, and ending with the month preceding whichever 
of the following months is the earliest: the month in which he dies, the 
month in which he attains retirement age (as defined in section 416(l) 
of this title), or, subject to subsection (e) of this section, the 
termination month. For purposes of the preceding sentence, the 
termination month for any individual shall be the third month following 
the month in which his disability ceases; except that, in the case of an 
individual who has a period of trial work which ends as determined by 
application of section 422(c)(4)(A) of this title, the termination month 
shall be the earlier of (I) the third month following the earliest month 
after the end of such period of trial work with respect to which such 
individual is determined to no longer be suffering from a disabling 
physical or mental impairment, or (II) the third month following the 
earliest month in which such individual engages or is determined able to 
engage in substantial gainful activity, but in no event earlier than the 
first month occurring after the 36 months following such period of trial 
work in which he engages or is determined able to engage in substantial 
gainful activity. No payment under this paragraph may be made to an 
individual who would not meet the definition of disability in subsection 
(d) of this section except for paragraph (1)(B) thereof for any month in 
which he engages in substantial gainful activity, and no payment may be 
made for such month under subsection (b), (c), or (d) of section 402 of 
this title to any person on the basis of the wages and self-employment 
income of such individual. In the case of a deceased individual, the 
requirement of subparagraph (C) may be satisfied by an application for 
benefits filed with respect to such individual within 3 months after the 
month in which he died.
    (2) Except as provided in section 402(q) of this title and section 
415(b)(2)(A)(ii) of this title, such individual's disability insurance 
benefit for any month shall be equal to his primary insurance amount for 
such month determined under section 415 of this title as though he had 
attained age 62 in--
        (A) the first month of his waiting period, or
        (B) in any case in which clause (ii) of paragraph (1) of this 
    subsection is applicable, the first month for which he becomes 
    entitled to such disability insurance benefits,

and as though he had become entitled to old-age insurance benefits in 
the month in which the application for disability insurance benefits was 
filed and he was entitled to an old-age insurance benefit for each month 
for which (pursuant to subsection (b) of this section) he was entitled 
to a disability insurance benefit. For the purposes of the preceding 
sentence, in the case of an individual who attained age 62 in or before 
the first month referred to in subparagraph (A) or (B) of such sentence, 
as the case may be, the elapsed years referred to in section 415(b)(3) 
of this title shall not include the year in which he attained age 62, or 
any year thereafter.

(b) Filing application

    An application for disability insurance benefits filed before the 
first month in which the applicant satisfies the requirements for such 
benefits (as prescribed in subsection (a)(1) of this section) shall be 
deemed a valid application (and shall be deemed to have been filed in 
such first month) only if the applicant satisfies the requirements for 
such benefits 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). An 
individual who would have been entitled to a disability insurance 
benefit for any month had he filed application therefor before the end 
of such month shall be entitled to such benefit for such month if such 
application is filed before the end of the 12th month immediately 
succeeding such month.

(c) Definitions; insured status; waiting period

    For purposes of this section--
        (1) An individual shall be insured for disability insurance 
    benefits in any month 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 month, and
            (B)(i) he had not less than 20 quarters of coverage during 
        the 40-quarter period which ends with the quarter in which such 
        month occurred, or
            (ii) if such month ends before the quarter in which 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 
        the quarter in which such month occurred 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 section 416(i)(3)(B)(ii) of 
        this title, 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 the quarter in which 
        such month occurs 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 section 416(i)(1) of this 
    title). 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 period of 
    disability unless such quarter was a quarter of coverage.
        (2) The term ``waiting period'' means, in the case of any 
    application for disability insurance benefits, the earliest period 
    of five consecutive calendar months--
            (A) throughout which the individual with respect to whom 
        such application is filed has been under a disability, and
            (B)(i) which begins not earlier than with the first day of 
        the seventeenth month before the month in which such application 
        is filed if such individual is insured for disability insurance 
        benefits in such seventeenth month, or (ii) if he is not so 
        insured in such month, which begins not earlier than with the 
        first day of the first month after such seventeenth month in 
        which he is so insured.

    Notwithstanding the preceding provisions of this paragraph, no 
    waiting period may begin for any individual before January 1, 1957.

(d) ``Disability'' defined

    (1) 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 which has lasted or can 
    be expected to last for a continuous period of not less than 12 
    months; or
        (B) in the case of an individual who has attained the age of 55 
    and is blind (within the meaning of ``blindness'' as defined in 
    section 416(i)(1) of this title), inability by reason of such 
    blindness to engage in substantial gainful activity requiring skills 
    or abilities comparable to those of any gainful activity in which he 
    has previously engaged with some regularity and over a substantial 
    period of time.

    (2) For purposes of paragraph (1)(A)--
        (A) An individual shall be determined to be under a disability 
    only if his physical or mental impairment or impairments are of such 
    severity that he is not only unable to do his previous work but 
    cannot, considering his age, education, and work experience, engage 
    in any other kind of substantial gainful work which exists in the 
    national economy, regardless of whether such work exists in the 
    immediate area in which he lives, or whether a specific job vacancy 
    exists for him, or whether he would be hired if he applied for work. 
    For purposes of the preceding sentence (with respect to any 
    individual), ``work which exists in the national economy'' means 
    work which exists in significant numbers either in the region where 
    such individual lives or in several regions of the country.
        (B) In determining whether an individual's physical or mental 
    impairment or impairments are of a sufficient medical severity that 
    such impairment or impairments could be the basis of eligibility 
    under this section, the Commissioner of Social Security shall 
    consider the combined effect of all of the individual's impairments 
    without regard to whether any such impairment, if considered 
    separately, would be of such severity. If the Commissioner of Social 
    Security does find a medically severe combination of impairments, 
    the combined impact of the impairments shall be considered 
    throughout the disability determination process.
        (C) An individual shall not be considered to be disabled for 
    purposes of this subchapter if alcoholism or drug addiction would 
    (but for this subparagraph) be a contributing factor material to the 
    Commissioner's determination that the individual is disabled.

    (3) For purposes of this subsection, a ``physical or mental 
impairment'' is an impairment that results from anatomical, 
physiological, or psychological abnormalities which are demonstrable by 
medically acceptable clinical and laboratory diagnostic techniques.
    (4)(A) The Commissioner of Social Security shall by regulations 
prescribe the criteria for determining when services performed or 
earnings derived from services demonstrate an individual's ability to 
engage in substantial gainful activity. No individual who is blind shall 
be regarded as having demonstrated an ability to engage in substantial 
gainful activity on the basis of earnings that do not exceed an amount 
equal to the exempt amount which would be applicable under section 
403(f)(8) of this title, to individuals described in subparagraph (D) 
thereof, if section 102 of the Senior Citizens' Right to Work Act of 
1996 had not been enacted. Notwithstanding the provisions of paragraph 
(2), an individual whose services or earnings meet such criteria shall, 
except for purposes of section 422(c) of this title, be found not to be 
disabled. In determining whether an individual is able to engage in 
substantial gainful activity by reason of his earnings, where his 
disability is sufficiently severe to result in a functional limitation 
requiring assistance in order for him to work, there shall be excluded 
from such earnings an amount equal to the cost (to such individual) of 
any attendant care services, medical devices, equipment, prostheses, and 
similar items and services (not including routine drugs or routine 
medical services unless such drugs or services are necessary for the 
control of the disabling condition) which are necessary (as determined 
by the Commissioner of Social Security in regulations) for that purpose, 
whether or not such assistance is also needed to enable him to carry out 
his normal daily functions; except that the amounts to be excluded shall 
be subject to such reasonable limits as the Commissioner of Social 
Security may prescribe.
    (B) In determining under subparagraph (A) when services performed or 
earnings derived from services demonstrate an individual's ability to 
engage in substantial gainful activity, the Commissioner of Social 
Security shall apply the criteria described in subparagraph (A) with 
respect to services performed by any individual without regard to the 
legality of such services.
    (5)(A) An individual shall not be considered to be under a 
disability unless he furnishes such medical and other evidence of the 
existence thereof as the Commissioner of Social Security may require. An 
individual's statement as to pain or other symptoms shall not alone be 
conclusive evidence of disability as defined in this section; there must 
be medical signs and findings, established by medically acceptable 
clinical or laboratory diagnostic techniques, which show the existence 
of a medical impairment that results from anatomical, physiological, or 
psychological abnormalities which could reasonably be expected to 
produce the pain or other symptoms alleged and which, when considered 
with all evidence required to be furnished under this paragraph 
(including statements of the individual or his physician as to the 
intensity and persistence of such pain or other symptoms which may 
reasonably be accepted as consistent with the medical signs and 
findings), would lead to a conclusion that the individual is under a 
disability. Objective medical evidence of pain or other symptoms 
established by medically acceptable clinical or laboratory techniques 
(for example, deteriorating nerve or muscle tissue) must be considered 
in reaching a conclusion as to whether the individual is under a 
disability. Any non-Federal hospital, clinic, laboratory, or other 
provider of medical services, or physician not in the employ of the 
Federal Government, which supplies medical evidence required and 
requested by the Commissioner of Social Security under this paragraph 
shall be entitled to payment from the Commissioner of Social Security 
for the reasonable cost of providing such evidence.
    (B) In making any determination with respect to whether an 
individual is under a disability or continues to be under a disability, 
the Commissioner of Social Security shall consider all evidence 
available in such individual's case record, and shall develop a complete 
medical history of at least the preceding twelve months for any case in 
which a determination is made that the individual is not under a 
disability. In making any determination the Commissioner of Social 
Security shall make every reasonable effort to obtain from the 
individual's treating physician (or other treating health care provider) 
all medical evidence, including diagnostic tests, necessary in order to 
properly make such determination, prior to evaluating medical evidence 
obtained from any other source on a consultative basis.
    (6)(A) Notwithstanding any other provision of this subchapter, any 
physical or mental impairment which arises in connection with the 
commission by an individual (after October 19, 1980) of an offense which 
constitutes a felony under applicable law and for which such individual 
is subsequently convicted, or which is aggravated in connection with 
such an offense (but only to the extent so aggravated), shall not be 
considered in determining whether an individual is under a disability.
    (B) Notwithstanding any other provision of this subchapter, any 
physical or mental impairment which arises in connection with an 
individual's confinement in a jail, prison, or other penal institution 
or correctional facility pursuant to such individual's conviction of an 
offense (committed after October 19, 1980) constituting a felony under 
applicable law, or which is aggravated in connection with such a 
confinement (but only to the extent so aggravated), shall not be 
considered in determining whether such individual is under a disability 
for purposes of benefits payable for any month during which such 
individual is so confined.

(e) Engaging in substantial gainful activity

    (1) No benefit shall be payable under subsection (d)(1)(B)(ii), 
(d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 402 
of this title or under subsection (a)(1) of this section to an 
individual for any month, after the third month, in which he engages in 
substantial gainful activity during the 36-month period following the 
end of his trial work period determined by application of section 
422(c)(4)(A) of this title.
    (2) No benefit shall be payable under section 402 of this title on 
the basis of the wages and self-employment income of an individual 
entitled to a benefit under subsection (a)(1) of this section for any 
month for which the benefit of such individual under subsection (a)(1) 
of this section is not payable under paragraph (1).

(f) Standard of review for termination of disability benefits

    A recipient of benefits under this subchapter or subchapter XVIII of 
this chapter based on the disability of any individual may be determined 
not to be entitled to such benefits 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 only if such 
finding is supported by--
        (1) substantial evidence which demonstrates that--
            (A) there has been any medical improvement in the 
        individual's impairment or combination of impairments (other 
        than medical improvement which is not related to the 
        individual's ability to work), and
            (B) the individual is now able to engage in substantial 
        gainful activity; or

        (2) substantial evidence which--
            (A) consists of new medical evidence and a new assessment of 
        the individual's residual functional capacity, and demonstrates 
        that--
                (i) although the individual has not improved medically, 
            he or she is nonetheless a beneficiary of advances in 
            medical or vocational therapy or technology (related to the 
            individual's ability to work), and
                (ii) the individual is now able to engage in substantial 
            gainful activity, or

            (B) demonstrates that--
                (i) although the individual has not improved medically, 
            he or she has undergone vocational therapy (related to the 
            individual's ability to work), and
                (ii) the individual is now able to engage in substantial 
            gainful activity; or

        (3) substantial evidence which demonstrates that, as determined 
    on the basis of new or improved diagnostic techniques or 
    evaluations, the individual's impairment or combination of 
    impairments is not as disabling as it was considered to be at the 
    time of the most recent prior decision that he or she was under a 
    disability or continued to be under a disability, and that therefore 
    the individual is able to engage in substantial gainful activity; or
        (4) substantial evidence (which may be evidence on the record at 
    the time any prior determination of the entitlement to benefits 
    based on disability was made, or newly obtained evidence which 
    relates to that determination) which demonstrates that a prior 
    determination was in error.

Nothing in this subsection shall be construed to require a determination 
that a recipient of benefits under this subchapter or subchapter XVIII 
of this chapter based on an individual's disability is entitled to such 
benefits if the prior determination was fraudulently obtained or if the 
individual is engaged in substantial gainful activity, cannot be 
located, or fails, without good cause, to cooperate in a review of the 
entitlement to such benefits or to follow prescribed treatment which 
would be expected to restore his or her ability to engage in substantial 
gainful activity. In making for purposes of the preceding sentence any 
determination relating to fraudulent behavior by any individual or 
failure by any individual without good cause to cooperate or to take any 
required action, the Commissioner of Social Security shall specifically 
take into account any physical, mental, educational, or linguistic 
limitation such individual may have (including any lack of facility with 
the English language). Any determination under this section shall be 
made on the basis of all the evidence available in the individual's case 
file, including new evidence concerning the individual's prior or 
current condition which is presented by the individual or secured by the 
Commissioner of Social Security. Any determination made under this 
section shall be made on the basis of the weight of the evidence and on 
a neutral basis with regard to the individual's condition, without any 
initial inference as to the presence or absence of disability being 
drawn from the fact that the individual has previously been determined 
to be disabled. For purposes of this subsection, a benefit under this 
subchapter is based on an individual's disability if it is a disability 
insurance benefit, a child's, widow's, or widower's insurance benefit 
based on disability, or a mother's or father's insurance benefit based 
on the disability of the mother's or father's child who has attained age 
16.

(g) Continued payment of disability benefits during appeal

    (1) In any case where--
        (A) an individual is a recipient of disability insurance 
    benefits, or of child's, widow's, or widower's insurance benefits 
    based on disability,
        (B) the physical or mental impairment on the basis of which such 
    benefits are payable is found to have ceased, not to have existed, 
    or to no longer be disabling, and as a consequence such individual 
    is determined not to be entitled to such benefits, and
        (C) a timely request for a hearing under section 421(d) of this 
    title, or for an administrative review prior to such hearing, is 
    pending with respect to the determination that he is not so 
    entitled,

such individual may elect (in such manner and form and within such time 
as the Commissioner of Social Security shall by regulations prescribe) 
to have the payment of such benefits, the payment of any other benefits 
under this subchapter based on such individual's wages and self-
employment income, the payment of mother's or father's insurance 
benefits to such individual's mother or father based on the disability 
of such individual as a child who has attained age 16, and the payment 
of benefits under subchapter XVIII of this chapter based on such 
individual's disability, continued for an additional period beginning 
with the first month beginning after January 12, 1983, for which (under 
such determination) such benefits are no longer otherwise payable, and 
ending with the earlier of (i) the month preceding the month in which a 
decision is made after such a hearing, or (ii) the month preceding the 
month in which no such request for a hearing or an administrative review 
is pending.
    (2)(A) If an individual elects to have the payment of his benefits 
continued for an additional period under paragraph (1), and the final 
decision of the Commissioner of Social Security affirms the 
determination that he is not entitled to such benefits, any benefits 
paid under this subchapter pursuant to such election (for months in such 
additional period) shall be considered overpayments for all purposes of 
this subchapter, except as otherwise provided in subparagraph (B).
    (B) If the Commissioner of Social Security determines that the 
individual's appeal of his termination of benefits was made in good 
faith, all of the benefits paid pursuant to such individual's election 
under paragraph (1) shall be subject to waiver consideration under the 
provisions of section 404 of this title. In making for purposes of this 
subparagraph any determination of whether any individual's appeal is 
made in good faith, the Commissioner of Social Security shall 
specifically take into account any physical, mental, educational, or 
linguistic limitation such individual may have (including any lack of 
facility with the English language).

(h) Interim benefits in cases of delayed final decisions

    (1) In any case in which an administrative law judge has determined 
after a hearing as provided under section 405(b) of this title that an 
individual is entitled to disability insurance benefits or child's, 
widow's, or widower's insurance benefits based on disability and the 
Commissioner of Social Security has not issued the Commissioner's final 
decision in such case within 110 days after the date of the 
administrative law judge's determination, such benefits shall be 
currently paid for the months during the period beginning with the month 
preceding the month in which such 110-day period expires and ending with 
the month preceding the month in which such final decision is issued.
    (2) For purposes of paragraph (1), in determining whether the 110-
day period referred to in paragraph (1) has elapsed, any period of time 
for which the action or inaction of such individual or such individual's 
representative without good cause results in the delay in the issuance 
of the Commissioner's final decision shall not be taken into account to 
the extent that such period of time exceeds 20 calendar days.
    (3) Any benefits currently paid under this subchapter pursuant to 
this subsection (for the months described in paragraph (1)) shall not be 
considered overpayments for any purpose of this subchapter (unless 
payment of such benefits was fraudulently obtained), and such benefits 
shall not be treated as past-due benefits for purposes of section 
406(b)(1) of this title.

(i) Reinstatement of entitlement

    (1)(A) Entitlement to benefits described in subparagraph (B)(i)(I) 
shall be reinstated in any case where the Commissioner determines that 
an individual described in subparagraph (B) has filed a request for 
reinstatement meeting the requirements of paragraph (2)(A) during the 
period prescribed in subparagraph (C). Reinstatement of such entitlement 
shall be in accordance with the terms of this subsection.
    (B) An individual is described in this subparagraph if--
        (i) prior to the month in which the individual files a request 
    for reinstatement--
            (I) the individual was entitled to benefits under this 
        section or section 402 of this title on the basis of disability 
        pursuant to an application filed therefor; and
            (II) such entitlement terminated due to the performance of 
        substantial gainful activity;

        (ii) the individual is under a disability and the physical or 
    mental impairment that is the basis for the finding of disability is 
    the same as (or related to) the physical or mental impairment that 
    was the basis for the finding of disability that gave rise to the 
    entitlement described in clause (i); and
        (iii) the individual's disability renders the individual unable 
    to perform substantial gainful activity.

    (C)(i) Except as provided in clause (ii), the period prescribed in 
this subparagraph with respect to an individual is 60 consecutive months 
beginning with the month following the most recent month for which the 
individual was entitled to a benefit described in subparagraph (B)(i)(I) 
prior to the entitlement termination described in subparagraph 
(B)(i)(II).
    (ii) In the case of an individual who fails to file a reinstatement 
request within the period prescribed in clause (i), the Commissioner may 
extend the period if the Commissioner determines that the individual had 
good cause for the failure to so file.
    (2)(A)(i) A request for reinstatement shall be filed in such form, 
and containing such information, as the Commissioner may prescribe.
    (ii) A request for reinstatement shall include express declarations 
by the individual that the individual meets the requirements specified 
in clauses (ii) and (iii) of paragraph (1)(B).
    (B) A request for reinstatement filed in accordance with 
subparagraph (A) may constitute an application for benefits in the case 
of any individual who the Commissioner determines is not entitled to 
reinstated benefits under this subsection.
    (3) In determining whether an individual meets the requirements of 
paragraph (1)(B)(ii), the provisions of subsection (f) of this section 
shall apply.
    (4)(A)(i) Subject to clause (ii), entitlement to benefits reinstated 
under this subsection shall commence with the benefit payable for the 
month in which a request for reinstatement is filed.
    (ii) An individual whose entitlement to a benefit for any month 
would have been reinstated under this subsection had the individual 
filed a request for reinstatement before the end of such month shall be 
entitled to such benefit for such month if such request for 
reinstatement is filed before the end of the twelfth month immediately 
succeeding such month.
    (B)(i) Subject to clauses (ii) and (iii), the amount of the benefit 
payable for any month pursuant to the reinstatement of entitlement under 
this subsection shall be determined in accordance with the provisions of 
this subchapter.
    (ii) For purposes of computing the primary insurance amount of an 
individual whose entitlement to benefits under this section is 
reinstated under this subsection, the date of onset of the individual's 
disability shall be the date of onset used in determining the 
individual's most recent period of disability arising in connection with 
such benefits payable on the basis of an application.
    (iii) Benefits under this section or section 402 of this title 
payable for any month pursuant to a request for reinstatement filed in 
accordance with paragraph (2) shall be reduced by the amount of any 
provisional benefit paid to such individual for such month under 
paragraph (7).
    (C) No benefit shall be payable pursuant to an entitlement 
reinstated under this subsection to an individual for any month in which 
the individual engages in substantial gainful activity.
    (D) The entitlement of any individual that is reinstated under this 
subsection shall end with the benefits payable for the month preceding 
whichever of the following months is the earliest:
        (i) The month in which the individual dies.
        (ii) The month in which the individual attains retirement age.
        (iii) The third month following the month in which the 
    individual's disability ceases.

    (5) Whenever an individual's entitlement to benefits under this 
section is reinstated under this subsection, entitlement to benefits 
payable on the basis of such individual's wages and self-employment 
income may be reinstated with respect to any person previously entitled 
to such benefits on the basis of an application if the Commissioner 
determines that such person satisfies all the requirements for 
entitlement to such benefits except requirements related to the filing 
of an application. The provisions of paragraph (4) shall apply to the 
reinstated entitlement of any such person to the same extent that they 
apply to the reinstated entitlement of such individual.
    (6) An individual to whom benefits are payable under this section or 
section 402 of this title pursuant to a reinstatement of entitlement 
under this subsection for 24 months (whether or not consecutive) shall, 
with respect to benefits so payable after such twenty-fourth month, be 
deemed for purposes of paragraph (1)(B)(i)(I) and the determination, if 
appropriate, of the termination month in accordance with subsection 
(a)(1) of this section, or subsection (d)(1), (e)(1), or (f)(1) of 
section 402 of this title, to be entitled to such benefits on the basis 
of an application filed therefor.
    (7)(A) An individual described in paragraph (1)(B) who files a 
request for reinstatement in accordance with the provisions of paragraph 
(2)(A) shall be entitled to provisional benefits payable in accordance 
with this paragraph, unless the Commissioner determines that the 
individual does not meet the requirements of paragraph (1)(B)(i) or that 
the individual's declaration under paragraph (2)(A)(ii) is false. Any 
such determination by the Commissioner shall be final and not subject to 
review under subsection (b) or (g) of section 405 of this title.
    (B) The amount of a provisional benefit for a month shall equal the 
amount of the last monthly benefit payable to the individual under this 
subchapter on the basis of an application increased by an amount equal 
to the amount, if any, by which such last monthly benefit would have 
been increased as a result of the operation of section 415(i) of this 
title.
    (C)(i) Provisional benefits shall begin with the month in which a 
request for reinstatement is filed in accordance with paragraph (2)(A).
    (ii) Provisional benefits shall end with the earliest of--
        (I) the month in which the Commissioner makes a determination 
    regarding the individual's entitlement to reinstated benefits;
        (II) the fifth month following the month described in clause 
    (i);
        (III) the month in which the individual performs substantial 
    gainful activity; or
        (IV) the month in which the Commissioner determines that the 
    individual does not meet the requirements of paragraph (1)(B)(i) or 
    that the individual's declaration made in accordance with paragraph 
    (2)(A)(ii) is false.

    (D) In any case in which the Commissioner determines that an 
individual is not entitled to reinstated benefits, any provisional 
benefits paid to the individual under this paragraph shall not be 
subject to recovery as an overpayment unless the Commissioner determines 
that the individual knew or should have known that the individual did 
not meet the requirements of paragraph (1)(B).

(j) Limitation on payments to prisoners

    For provisions relating to limitation on payments to prisoners, see 
section 402(x) of this title.

(Aug. 14, 1935, ch. 531, title II, Sec. 223, as added Aug. 1, 1956, ch. 
836, title I, Sec. 103(a), 70 Stat. 815; amended Pub. L. 85-840, title 
II, Secs. 202, 204(b), Aug. 28, 1958, 72 Stat. 1020, 1021; Pub. L. 86-
778, title III, Sec. 303(f), title IV, Secs. 401(a), (b), 402(a)-(d), 
403(b), Sept. 13, 1960, 74 Stat. 964, 967, 969; Pub. L. 87-64, title I, 
Sec. 102(b)(2)(B), (C), (c)(2)(C), (3)(D), (E), June 30, 1961, 75 Stat. 
134, 135; Pub. L. 89-97, title III, Secs. 302(e), 303(a)(2), (b)(3), 
(4), (c), 304(m), (n), 328(c), 344(b)-(d), July 30, 1965, 79 Stat. 366, 
367, 370, 400, 413; Pub. L. 90-248, title I, Secs. 105(b), 158(a), (b), 
(c)(6)-(8), Jan. 2, 1968, 81 Stat. 833, 867-869; Pub. L. 92-603, title 
I, Secs. 104(c), (d), 116(a), 117(b), 118(a), Oct. 30, 1972, 86 Stat. 
1340, 1350, 1351; Pub. L. 95-216, title III, Sec. 335, Dec. 20, 1977, 91 
Stat. 1547; Pub. L. 96-265, title I, Sec. 102(b), title III, 
Secs. 302(a)(1), 303(b)(1)(A), (2)(A), 306(c), 309(a), June 9, 1980, 94 
Stat. 443, 450, 451, 453, 458, 459; Pub. L. 96-473, Sec. 5(a)(1), (c), 
Oct. 19, 1980, 94 Stat. 2264, 2265; Pub. L. 97-123, Sec. 6, Dec. 29, 
1981, 95 Stat. 1664; Pub. L. 97-455, Sec. 2, Jan. 12, 1983, 96 Stat. 
2498; Pub. L. 98-21, title II, Sec. 201(c)(1)(E), (3), title III, 
Secs. 309(o), 332(b), 339(b), Apr. 20, 1983, 97 Stat. 109, 117, 129, 
134; Pub. L. 98-118, Sec. 2, Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-
369, div. B, title VI, Secs. 2661(m), 2662(c)(2), (i), 2663(a)(16), July 
18, 1984, 98 Stat. 1158-1160, 1165; Pub. L. 98-460, Secs. 2(a), 3(a)(1), 
4(a)(1), 7(a), 9(b)(1), Oct. 9, 1984, 98 Stat. 1794, 1799, 1800, 1803, 
1805; Pub. L. 99-272, title XII, Sec. 12107(b), Apr. 7, 1986, 100 Stat. 
286; Pub. L. 99-514, title XVIII, Sec. 1883(a)(10), Oct. 22, 1986, 100 
Stat. 2916; Pub. L. 100-203, title IX, Secs. 9009, 9010(a), (e)(2), Dec. 
22, 1987, 101 Stat. 1330-293, 1330-294; Pub. L. 100-647, title VIII, 
Secs. 8001(a), 8006, Nov. 10, 1988, 102 Stat. 3778, 3781; Pub. L. 101-
239, title X, Secs. 10101, 10305(c), (d), Dec. 19, 1989, 103 Stat. 2471, 
2483; Pub. L. 101-508, title V, Secs. 5102, 5103(a), (b)(2)-(5), 
5118(a), Nov. 5, 1990, 104 Stat. 1388-250, 1388-251, 1388-278; Pub. L. 
103-296, title I, Sec. 107(a)(4), title II, Sec. 201(a)(4)(A), title 
III, Sec. 321(a)(19), (f)(1), Aug. 15, 1994, 108 Stat. 1478, 1499, 1537, 
1540; Pub. L. 104-121, title I, Secs. 102(b)(2), 105(a)(1), Mar. 29, 
1996, 110 Stat. 848, 852; Pub. L. 106-170, title I, Sec. 112(a), Dec. 
17, 1999, 113 Stat. 1881.)

                       References in Text

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


                               Amendments

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


                    Effective Date of 1999 Amendment

    Pub. L. 106-170, title I, Sec. 112(c), Dec. 17, 1999, 113 Stat. 
1886, provided that:
    ``(1) In general.--The amendments made by this section [amending 
this section and section 1383 of this title] shall take effect on the 
first day of the thirteenth month beginning after the date of the 
enactment of this Act [Dec. 17, 1999].
    ``(2) Limitation.--No benefit shall be payable under title II or XVI 
[of the Social Security Act, subchapter II or XVI of this chapter] on 
the basis of a request for reinstatement filed under section 223(i) or 
1631(p) of the Social Security Act (42 U.S.C. 423(i), 1383(p)) before 
the effective date described in paragraph (1).''


                    Effective Date of 1996 Amendment

    Amendment by section 102(b)(2) of Pub. L. 104-121 applicable with 
respect to taxable years ending after 1995, see section 102(c) of Pub. 
L. 104-121, set out as a note under section 403 of this title.
    Amendment by section 105(a)(1) of Pub. L. 104-121 applicable to 
individual who applies for, or whose claim is finally adjudicated with 
respect to, benefits under this subchapter based on disability on or 
after Mar. 29, 1996, with special rule for any individual who applied, 
and whose claim has been finally adjudicated, before Mar. 29, 1996, see 
section 105(a)(5) of Pub. L. 104-121, set out as a note under section 
405 of this title.


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


                    Effective Date of 1990 Amendment

    Amendment by section 5103(a), (b)(2)-(5) 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 5118(b) of Pub. L. 101-508 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to benefits for months after the date of the enactment of this Act [Nov. 
5, 1990].''


                    Effective Date of 1989 Amendment

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


                    Effective Date of 1988 Amendment

    Section 8001(c) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section and section 1383 of this 
title] shall apply to determinations by administrative law judges of 
entitlement to benefits made after 180 days after the date of the 
enactment of this Act [Nov. 10, 1988].''


                    Effective Date of 1987 Amendment

    Amendment by section 9010(a), (e)(2) of Pub. L. 100-203 effective 
Jan. 1, 1988, and applicable with respect to individuals entitled to 
benefits under specific provisions of this section and section 402 of 
this title for any month after December 1987, and individuals entitled 
to benefits payable under specific provisions of this section and 
section 402 of this title for any month before January 1988 and with 
respect to whom the 15-month period described in the applicable 
provision amended by section 9010 of 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 1986 Amendment

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


                    Effective Date of 1984 Amendments

    Section 2(d) of Pub. L. 98-460 provided that:
    ``(1) The amendments made by this section [amending this section and 
sections 416 and 1382c of this title and enacting provisions set out as 
notes under this section] shall apply only as provided in this 
subsection.
    ``(2) The amendments made by this section shall apply to--
        ``(A) determinations made by the Secretary on or after the date 
    of the enactment of this Act [Oct. 9, 1984];
        ``(B) determinations with respect to which a final decision of 
    the Secretary has not yet been made as of the date of the enactment 
    of this Act [Oct. 9, 1984] and with respect to which a request for 
    administrative review is made in conformity with the time limits, 
    exhaustion requirements, and other provisions of section 205 of the 
    Social Security Act [section 405 of this title] and regulations of 
    the Secretary;
        ``(C) determinations with respect to which a request for 
    judicial review was pending on September 19, 1984, and which involve 
    an individual litigant or a member of a class in a class action who 
    is identified by name in such pending action on such date; and
        ``(D) determinations with respect to which a timely request for 
    judicial review is or has been made by an individual litigant of a 
    final decision of the Secretary made within 60 days prior to the 
    date of the enactment of this Act [Oct. 9, 1984].
In the case of determinations described in subparagraphs (C) and (D) in 
actions relating to medical improvement, the court shall remand such 
cases to the Secretary for review in accordance with the provisions of 
the Social Security Act as amended by this section.
    ``(3) In the case of a recipient of benefits under title II, XVI, or 
XVIII of the Social Security Act [this subchapter or subchapter XVI or 
XVIII of this chapter]--
        ``(A) who has been determined not to be entitled to such 
    benefits on the basis of a finding that the physical or mental 
    impairment on the basis of which such benefits were provided has 
    ceased, does not exist, or is not disabling, and
        ``(B) who was a member of a class certified on or before 
    September 19, 1984, in a class action relating to medical 
    improvement pending on September 19, 1984, but was not identified by 
    name as a member of the class on such date,
the court shall remand such case to the Secretary. The Secretary shall 
notify such individual by certified mail that he may request a review of 
the determination described in subparagraph (A) based on the provisions 
of this section and the provisions of the Social Security Act as amended 
by this section. Such notification shall specify that the individual 
must request such review within 120 days after the date on which such 
notification is received. If such request is made in a timely manner, 
the Secretary shall make a review of the determination described in 
subparagraph (A) in accordance with the provisions of this section and 
the provisions of the Social Security Act as amended by this section. 
The amendments made by this section shall apply with respect to such 
review, and the determination described in subparagraph (A) (and any 
redetermination resulting from such review) shall be subject to further 
administrative and judicial review, only if such request is made in a 
timely manner.
    ``(4) The decision by the Secretary on a case remanded by a court 
pursuant to this subsection shall be regarded as a new decision on the 
individual's claim for benefits, which supersedes the final decision of 
the Secretary. The new decision shall be subject to further 
administrative review and to judicial review only in conformity with the 
time limits, exhaustion requirements, and other provisions of section 
205 of the Social Security Act [section 405 of this title] and 
regulations issued by the Secretary in conformity with such section.
    ``(5) No class in a class action relating to medical improvement may 
be certified after September 19, 1984, if the class action seeks 
judicial review of a decision terminating entitlement (or a period of 
disability) made by the Secretary of Health and Human Services prior to 
September 19, 1984.
    ``(6) For purposes of this subsection, the term `action relating to 
medical improvement' means an action raising the issue of whether an 
individual who has had his entitlement to benefits under title II, XVI, 
or XVIII of the Social Security Act [this subchapter or subchapter XVI 
or XVIII of this chapter] based on disability terminated (or period of 
disability ended) should not have had such entitlement terminated (or 
period of disability ended) without consideration of whether there has 
been medical improvement in the condition of such individual (or another 
individual on whose disability such entitlement is based) since the time 
of a prior determination that the individual was under a disability.''
    Section 3(a)(3) of Pub. L. 98-460 provided that: ``The amendments 
made by paragraphs (1) and (2) [amending this section and section 1382c 
of this title] shall apply to determinations made prior to January 1, 
1987.''
    Section 4(c) of Pub. L. 98-460 provided that: ``The amendments made 
by this section [amending this section and sections 416 and 1382c of 
this title] shall apply with respect to determinations made on or after 
the first day of the first month beginning after 30 days after the date 
of the enactment of this Act [Oct. 9, 1984].''
    Section 9(b)(2) of Pub. L. 98-460 provided that: ``The amendments 
made by this subsection [amending this section] shall apply to 
determinations made on or after the date of the enactment of this Act 
[Oct. 9, 1984].''
    Amendment by sections 2661(m) and 2662(c)(2), (i) of 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)(16) 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 section 309(o) 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.
    Amendment by section 332(b) of Pub. L. 98-21 effective with respect 
to applications for disability insurance benefits under this section 
filed after Apr. 20, 1983, except that no monthly benefits under this 
subchapter shall be payable or increased by reason of such amendment for 
months before the month following April, 1983, see section 332(c) of 
Pub. L. 98-21, set out as a note under section 416 of this title.
    Amendment by section 339(b) of Pub. L. 98-21 applicable with respect 
to monthly benefits payable for months beginning on or after April 20, 
1983, see section 339(c) of Pub. L. 98-21, 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.
    For effective date of amendment by section 102(b) of Pub. L. 96-265, 
see section 102(c) of Pub. L. 96-265, set out as a note under section 
415 of this title.
    Section 302(c) of Pub. L. 96-265 provided that: ``The amendments 
made by this section [amending this section and sections 1382a and 1382c 
of this title] shall apply with respect to expenses incurred on or after 
the first day of the sixth month which begins after the date of the 
enactment of this Act [June 9, 1980].''
    For effective date of amendment by section 303(b)(1)(A), (2)(A) of 
Pub. L. 96-265, see section 303(d) of Pub. L. 96-265, set out as a note 
under section 402 of this title.
    Amendment by section 306(c) 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.
    Section 309(b) of Pub. L. 96-265 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
evidence requested on or after the first day of the sixth month which 
begins after the date of the enactment of this Act [June 9, 1980].''


                    Effective Date of 1972 Amendment

    Amendment by section 104(c), (d) of Pub. L. 92-603 applicable only 
in the case of a man who attains (or would attain) age 62 after Dec. 
1974, with the figure ``65'' in subsec. (c)(1)(A) of this section to be 
deemed to read ``64'' in the case of a man who attains age 62 in 1973, 
and deemed to read ``63'' in the case of a man who attains age 62 in 
1974, see section 104(j) of Pub. L. 92-603, set out as an Effective Date 
of 1972 Amendment note under section 414 of this title.
    Section 116(e) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and sections 402 and 416 of 
this title] shall be effective with respect to applications for 
disability insurance benefits under section 223 of the Social Security 
Act [this section], applications for widow's and widower's insurance 
benefits based on disability under section 202 of such Act [section 402 
of this title], and applications for disability determinations under 
section 216(i) of such Act [section 416(i) of this title], filed--
        ``(1) in or after the month in which this Act is enacted 
    [October 1972], or
        ``(2) before the month in which this Act is enacted, if--
            ``(A) notice of the final decision of the Secretary of 
        Health, Education, and Welfare has not been given to the 
        applicant before such month, or
            ``(B) the notice referred to in subparagraph (A) has been so 
        given before such month but a civil action with respect to such 
        final decision is commenced under section 205(g) of the Social 
        Security Act [section 405(g) of this title] (whether before, in, 
        or after such month) and the decision in such civil action has 
        not become final before such month;
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 any month before January 1973.''
    Section 117(c) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and section 416 of this 
title] shall be effective with respect to applications for disability 
insurance benefits under section 223 of the Social Security Act [this 
section], and for disability determinations under section 216(i) of such 
Act [section 416(i) of this title], filed--
        ``(1) in or after the month in which this Act is enacted, or
        ``(2) before the month in which this Act is enacted if--
            ``(A) notice of the final decision of the Secretary of 
        Health, Education, and Welfare has not been given to the 
        applicant before such month; or
            ``(B) the notice referred to in subparagraph (A) has been so 
        given before such month but a civil action with respect to such 
        final decision is commenced under section 205(g) of the Social 
        Security Act [section 405(g) of this title] (whether before, in, 
        or after such month) and the decision in such civil action has 
        not become final before such month;
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 January 1973.''
    Amendment by section 118(a) of Pub. L. 92-603 applicable in the case 
of deaths occurring after Dec. 31, 1969, with any applications with 
respect to an individual whose death occurred after Dec. 31, 1969, but 
before Oct. 30, 1972, to be deemed to have been filed in the month in 
which death occurred if filed in or within three months after Oct. 1972, 
see section 118(c) of Pub. L. 92-603, set out as a note under section 
416 of this title.


                    Effective Date of 1968 Amendment

    Amendment by section 105(b) of Pub. L. 90-248 applicable with 
respect to monthly benefits under this subchapter for months after 
January 1968, but only on the basis of applications for such benefits 
filed in or after January 1968, see section 105(c) of Pub. L. 90-248, 
set out as a note under section 416 of this title.
    Section 158(e) of Pub. L. 90-248 provided that: ``The amendments 
made by this section [amending this section and sections 402, 416, 421, 
422, and 425 of this title] shall be effective with respect to 
applications for disability insurance benefits under section 223 of the 
Social Security Act [this section], and for disability determinations 
under section 216(i) of such Act [section 416(i) of this title], filed--
        ``(1) in or after the month in which this Act is enacted 
    [January 1968], or
        ``(2) before the month in which this Act is enacted if the 
    applicant has not died before such month and if--
            ``(A) notice of the final decision of the Secretary of 
        Health, Education, and Welfare has not been given to the 
        applicant before such month; or
            ``(B) the notice referred to in subparagraph (A) has been so 
        given before such month but a civil action with respect to such 
        final decision is commenced under section 205(g) of the Social 
        Security Act [section 405(g) of this title] (whether before, in, 
        or after such month) and the decision in such civil action has 
        not become final before such month.''


                    Effective Date of 1965 Amendment

    Amendment by section 302(e) of Pub. L. 89-97 applicable in the case 
of individuals who become entitled to disability insurance benefits 
under this section after December 1965, see section 302(f)(5) of Pub. L. 
89-97, set out as a note under section 415 of this title.
    Section 303(f)(1) of Pub. L. 89-97 provided that: ``The amendments 
made by subsection (a) [amending this section and section 416 of this 
title], paragraphs (3) and (4) of subsection (b) [amending this 
section], and subsections (c) and (d) [amending this section and section 
402 of this title], and the provisions of subparagraphs (B) and (E) of 
section 216(i)(2) of the Social Security Act [section 416(i)(2) of this 
title] (as amended by subsection (b)(1) of this section), shall be 
effective with respect to applications for disability insurance benefits 
under section 223 [this section], and for disability determinations 
under section 216(i), of the Social Security Act filed--
        ``(A) in or after the month in which this Act is enacted [July 
    1965], or
        ``(B) before the month in which this Act is enacted, if the 
    applicant has not died before such month and if--
            ``(i) notice of the final decision of the Secretary of 
        Health, Education, and Welfare has not been given to the 
        applicant before such month; or
            ``(ii) the notice referred to in subparagraph (i) has been 
        so given before such month but a civil action with respect to 
        such final decision is commenced under section 205(g) of the 
        Social Security Act [section 405(g) of this title] (whether 
        before, in, or after such month) and the decision in such civil 
        action has not become final before such month;
except that no monthly insurance benefits under title II of the Social 
Security Act [this subchapter] shall be payable or increased by reason 
of the amendments made by subsections (a) and (b) [amending this section 
and section 416 of this title] for months before the second month 
following the month in which this Act is enacted [July 1965]. The 
preceding sentence shall also be applicable in the case of applications 
for monthly insurance benefits under title II of the Social Security Act 
based on the wages and self-employment income of an applicant with 
respect to whose application for disability insurance benefits under 
section 223 of such Act [this section] such preceding sentence is 
applicable.''
    Amendment by section 304(m), (n) 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.
    Amendment by section 328(c) of Pub. L. 89-97 applicable with respect 
to applications filed on or after July 30, 1965, applications as to 
which the Secretary has not made a final decision before July 30, 1965, 
and, if a civil action with respect to a final decision of the Secretary 
has been commenced under section 405(g) of this title before July 30, 
1965, applications as to which there has been no final judicial decision 
before July 30, 1965, see section 328(d) of Pub. L. 89-97, set out as a 
note under section 416 of this title.
    Amendment by section 344(b)-(d) of Pub. L. 89-97 applicable only 
with respect to monthly benefits under subchapter II of this chapter for 
months after August 1965 on the basis of applications for such benefits 
filed in or after July 1965, see section 344(e) of Pub. L. 89-97, set 
out as a note under section 416 of this title.


                    Effective Date of 1961 Amendment

    Amendment by section 102(b)(2)(B), (C) of Pub. L. 87-64 effective 
Aug. 1, 1961, and amendment by section 102(c)(2)(C), (3)(D), (E) 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.


                    Effective Date of 1960 Amendment

    Section 303(f) of Pub. L. 86-778 provided that the amendment made by 
such section 303(f) is effective with respect to individuals who become 
entitled to benefits under this section after 1960.
    Section 401(c) 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 sections 202 and 223 of the Social 
Security Act [this section and section 402 of this title] for months 
after the month following the month in which this Act is enacted 
[September 1960] which are based on the wages and self-employment income 
of an individual who did not attain the age of fifty in or prior to the 
month following the month in which this Act is enacted, but only where 
applications for such benefits are filed in or after the month in which 
this Act is enacted.''
    Section 402(f) of Pub. L. 86-778 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section] shall apply only 
with respect to benefits under section 223 of the Social Security Act 
[this section] for the month in which this Act is enacted [September 
1960] and subsequent months. The amendment made by subsection (c) 
[amending this section] shall apply only in the case of applications for 
benefits under such section 223 filed after the seventh month before the 
month in which this Act is enacted. The amendment made by subsection (d) 
[amending this section] shall apply only in the case of applications for 
benefits under such section 223 filed in or after the month in which 
this Act is enacted. The amendment made by subsection (e) [amending 
section 416 of this title] shall apply only in the case of individuals 
who become entitled to benefits under such section 223 in or after the 
month in which this Act is enacted.''
    Amendment by section 403(b) of Pub. L. 86-778 applicable only with 
respect to benefits under this section for months after September 1960, 
in the case of individuals who, without regard to such amendment, would 
have been entitled to such benefits for September 1960, or for any 
succeeding month, see section 403(e) of Pub. L. 86-778, set out as a 
note under section 422 of this title.


                    Effective Date of 1958 Amendment

    Amendment by section 202 of Pub. L. 85-840 applicable with respect 
to applications for disability insurance benefits under this section 
filed after December 1957, see section 207(a) of Pub. L. 85-840, set out 
as a note under section 416 of this title.
    For applicability of amendment by section 204(b) of Pub. L. 85-840, 
see section 207(a) of Pub. L. 85-840, set out as a note under section 
416 of this title.


                             Effective Date

    Section 103(d) of act Aug. 1, 1956, provided that:
    ``(1) The amendment made by subsection (a) [enacting this section 
and sections 424 and 425 of this title] shall apply only with respect to 
monthly benefits under title II of the Social Security Act [this 
subchapter] for months after June 1957.
    ``(2) For purposes of determining entitlement to a disability 
insurance benefit for any month after June 1957 and before December 
1957, an application for disability insurance benefits filed by any 
individual after July 1957 and before January 1958 shall be deemed to 
have been filed during the first month after June 1957 for which such 
individual would (without regard to this paragraph) have been entitled 
to a disability insurance benefit had he filed application before the 
end of such month.''


                          Election of Payments

    Section 2(e) of Pub. L. 98-460 provided that: ``Any individual whose 
case is remanded to the Secretary pursuant to subsection (d) [set out as 
a note above] or whose request for a review is made in a timely manner 
pursuant to subsection (d), may elect, in accordance with section 223(g) 
or 1631(a)(7) of the Social Security Act [subsec. (g) of this section or 
section 1383(a)(7) of this title], to have payments made beginning with 
the month in which he makes such election, and ending as under such 
section 223(g) or 1631(a)(7). Notwithstanding such section 223(g) or 
1631(a)(7), such payments (if elected)--
        ``(1) shall be made at least until an initial redetermination is 
    made by the Secretary; and
        ``(2) shall begin with the payment for the month in which such 
    individual makes such election.''


                          Retroactive Benefits

    Section 2(f) of Pub. L. 98-460 provided that: ``In the case of any 
individual who is found to be under a disability after a review required 
under this section, such individual shall be entitled to retroactive 
benefits beginning with benefits payable for the first month to which 
the most recent termination of benefits applied.''


                       Promulgation of Regulations

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


                    Commission on Evaluation of Pain

    Section 3(b) of Pub. L. 98-460 provided that:
    ``(1) The Secretary of Health and Human Services shall appoint a 
Commission on the Evaluation of Pain (hereafter in this section referred 
to as the `Commission') to conduct a study concerning the evaluation of 
pain in determining under titles II and XVI of the Social Security Act 
[sections 401 et seq., 1381 et seq. of this title] whether an individual 
is under a disability. Such study shall be conducted in consultation 
with the National Academy of Sciences.
    ``(2) The Commission shall consist of at least twelve experts, 
including a significant representation from the field of medicine who 
are involved in the study of pain, and representation from the fields of 
law, administration of disability insurance programs, and other 
appropriate fields of expertise.
    ``(3) The Commission shall be appointed by the Secretary of Health 
and Human Services (without regard to the requirements of the Federal 
Advisory Committee Act [Pub. L. 92-463, set out in the Appendix to Title 
5, Government Organization and Employees]) within 60 days after the date 
of the enactment of this Act [Oct. 9, 1984]. The Secretary shall from 
time to time appoint one of the members to serve as Chairman. The 
Commission shall meet as often as the Secretary deems necessary.
    ``(4) Members of the Commission shall be appointed without regard to 
the provisions of title 5, United States Code, governing appointments in 
the competitive service. Members who are not employees of the United 
States, while attending meetings of the Commission or otherwise serving 
on the business of the Commission, shall be paid at a rate equal to the 
per diem equivalent of the rate provided for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day, including traveltime, during which they are engaged in the actual 
performance of duties vested in the Commission. While engaged in the 
performance of such duties away from their homes or regular places of 
business they may be allowed travel expenses, including per diem in lieu 
of subsistence, as authorized by section 5703 of title 5, United States 
Code, for persons in the Government service employed intermittently.
    ``(5) The Commission may engage such technical assistance from 
individuals skilled in medical and other aspects of pain as may be 
necessary to carry out its functions. The Secretary shall make available 
to the Commission such secretarial, clerical, and other assistance and 
any pertinent data prepared by the Department of Health and Human 
Services as the Commission may require to carry out its functions.
    ``(6) The Secretary shall submit the results of the study under 
paragraph (1), together with any recommendations, to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate not later than December 31, 1985. The Commission 
shall terminate at the time such results are submitted.''


  Study and Report to Congressional Committees on Effect of Continued 
Payment of Disability Benefits During Appeal on Trust Fund Expenditures 
                         and the Rate of Appeals

    Section 7(c) of Pub. L. 98-460 provided that:
    ``(1) The Secretary of Health and Human Services shall, as soon as 
practicable after the date of the enactment of this Act [Oct. 9, 1984], 
conduct a study concerning the effect which the enactment and continued 
operation of section 223(g) of the Social Security Act [subsec. (g) of 
this section] is having on expenditures from the Federal Old-Age and 
Survivors Insurance Trust Fund, the Federal Disability Insurance Trust 
Fund, the Federal Hospital Insurance Trust Fund, and the Federal 
Supplementary Medical Insurance Trust Fund, and the rate of appeals to 
administrative law judges of unfavorable determinations relating to 
disability or periods of disability.
    ``(2) The Secretary shall submit the results of the study under 
paragraph (1), together with any recommendations, to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate not later than July 1, 1986.''


           Special $50 Payment Under Tax Reduction Act of 1975

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


 Lump-Sum Payment of Disability Insurance Benefits for Period Beginning 
       After 1959 and Ending Prior to 1964; Filing of Application

    Section 133 of Pub. L. 92-603 provided that:
    ``(a) If an individual would (upon the timely filing of an 
application for a disability determination under section 216(i) of the 
Social Security Act [section 416(i) of this title]) and of an 
application for disability insurance benefits under section 223 of such 
Act [this section]) have been entitled to disability insurance benefits 
under such section 223 for a period which began after 1959 and ended 
prior to 1964, such individual shall, upon filing application for 
disability insurance benefits under such section 223 with respect to 
such period not later than 6 months after the date of enactment of this 
section [Oct. 30, 1972], be entitled, notwithstanding any other 
provision of title II of the Social Security Act [this subchapter], to 
receive in a lump sum as disability insurance benefits payable under 
section 223, an amount equal to the total amounts of disability 
insurance benefits which would have been payable to him for such period 
if he had timely filed such an application for a disability 
determination and such an application for disability insurance benefits 
with respect to such period; but only if--
        ``(1) prior to the date of enactment of this section and after 
    the date of enactment of the Social Security Amendments of 1967 
    [Jan. 2, 1968] such period was determined (under section 216(i) of 
    the Social Security Act [section 416(i) of this title]) to be a 
    period of disability as to such individual; and
        ``(2) the application giving rise to the determination (under 
    such section 216(i)) that such period is a period of disability as 
    to such individual would not have been accepted as an application 
    for such a determination except for the provisions of section 
    216(i)(2)(F).
    ``(b) No payment shall be made to any individual by reason of the 
provisions of subsection (a) except upon the basis of an application 
filed after the date of enactment of this section.''


  Special Insured Status Test in Certain Cases for Disability Purposes

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

                  Section Referred to in Other Sections

    This section is referred to in sections 401, 402, 403, 405, 406, 
409, 415, 416, 421, 422, 424a, 425, 426, 434, 1320b-1, 1320b-19, 1382c, 
1383, 1395i-2a, 1395p, 1395r, 1395s, 1396d, 1437a, 6862, 11382 of this 
title; title 5 sections 8116, 8452; title 25 section 4103; title 26 
sections 401, 3121; title 30 sections 902, 922, 923; title 45 sections 
231a, 231b, 231c, 231f.
