20 C.F.R. § 404.1028

Student working for a school, college, or university

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(a) For purposes of this section, a school, college, or university has its usual accepted meaning. It does not, however, include any school, college, or university that is an instrumentality or integral part of a State or a political subdivision of a State for which work can only be covered by an agreement under section 218 of the Act. (See subpart M of this part.)

(b) If you are a student, any work you do as an employee of a school, college or university is excluded from employment, if you are enrolled in and regularly attending classes at that school, college, or university. The exclusion also applies to work you do for a private nonprofit auxiliary organization of the school, college, or university if it is organized and operated exclusively for the benefit of, to perform functions of, or to carry out the purposes of the school, college, or university. The organization must be operated, supervised, or controlled by, or in connection with, the school, college, or university.

(c) Whether you are a student for purposes of this section depends on your relationship with your employer. If your main purpose is pursuing a course of study rather than earning a livelihood, we consider you to be a student and your work is not considered employment.

Notes of Decisions

Cited in 11 cases, 1998–2014 · leading case: State of Minnesota v. Kenneth S. Apfel, Comm'r of Soc. Sec. Soc. Sec. Admin., 151 F.3d 742 (8th Cir. 1998).

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State of Minnesota v. Kenneth S. Apfel, Comm'r of Soc. Sec. Soc. Sec. Admin., 151 F.3d 742 (8th Cir. 1998). · cites it 3× “” See 20 C.F.R. § 404.1028 (c). Thus, if the residents’ participation in the University’s residency program is primarily educational, the residents should be considered students.”

Univ. of Texas Sys. Ex Rel. Univ. of Texas Med. Found. v. United States, 759 F.3d 437 (5th Cir. 2014). · cites it 3× “In Apfel , the Eighth Circuit declined to defer to the Social Security Administration’s (“SSA”) ruling because it found it to be inconsistent with the Social Security regulation at 20 C.F.R. § 404.1028 (c), which applies the general student exclusion at 42 U.”

Krishnan, Narayanan v. Barnhart, Jo Anne B., 328 F.3d 685 (D.C. Cir. 2003). “Under 20 C.F.R. § 404.1028 , the earnings of students who work as employees of the school they are attending are not “covered” under social security.”

Mayo Found. for Med. Educ. & Rsch. v. United States, 131 S. Ct. 704 (2011). “See 20 CFR § 404.1028 (c) (1998). The SSA has, however, “always held that resident physicians are not students.”

United States v. Mayo Found. for Med. Educ. & Rsch., 282 F. Supp. 2d 997 (D. Minnesota 2003). “If your main purpose is pursuing a course of study rather than earning a livelihood, we consider you to be a student and your work is not considered employment.”

Ctr. for Fam. Med. v. United States, 614 F.3d 937 (8th Cir. 2010). “§ 3121 (b)(l0), although Apfel did rely heavily on the Social Security regulations implementing the student exception, 20 C.F.R. § 404.1028 (c). Id. at 748 . 4 .”

Krishnan Ex Rel. Deviprasad v. Massanari, 158 F. Supp. 2d 67 (D.D.C. 2001). “See 20 C.F.R. §§ 404.1028 , 404.1036. (Tr. 89) 9 The ALJ was willing to accept plaintiffs evidence of wages earned at Honeywell during 1983 to boost his quarters of coverage earned to 34, but — after excluding the teaching assistant wages under the pertinent regulations — still…”

Ctr. for Fam. Med. v. United States, 456 F. Supp. 2d 1115 (D.S.D. 2006). “3d at 747 (quoting 20 C.F.R. § 404.1028 (c)). Based on this regulation, the court held that determining whether someone, including a medical resident, qualifies as a “student” requires a “case-by-case examination to determine if an individual’s relationship with a school is…”

McCole v. R.R. Ret. Bd., 17 F. App'x 314 (6th Cir. 2001). “See 20 C.F.R. § 404.1028 . In addition, he also argues that he may have been an employee of the government while at the College and his employment thus constitutes Medicare-qualified government employment under 20 C.”

Mayo Found. for Med. Educ. & Rsch. v. United States, 178 L. Ed. 2d 588 (2011). “See 20 CFR § 404.1028 (c) (1998). The SSA has, however, “always held that resident physicians are not students.”

State of Minnesota v. Kenneth S. Apfel (8th Cir. 1998). · cites it 3× “” See 20 C.F.R. § 404.1028 (c). Thus, if the residents’ participation in the University’s residency program is primarily educational, the residents should be considered students.”

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