20 C.F.R. § 404.204

Methods of computing primary insurance amounts—general

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) General. We compute most workers' primary insurance amounts under one of two major methods. There are, in addition, several special methods of computing primary insurance amounts which we apply to some workers. Your primary insurance amount is the highest of all those computed under the methods for which you are eligible.

(b) Major methods. (1) If after 1978 you reach age 62, or become disabled or die before age 62, we compute your primary insurance amount under what we call the average-indexed-monthly-earnings method, which is described in §§ 404.210 through 404.212. The earliest of the three dates determines the computation method we use.

(2) If before 1979 you reached age 62, became disabled, or died, we compute your primary insurance amount under what we call the average-monthly-wage method, described in §§ 404.220 through 404.222.

(c) Special methods. (1) Your primary insurance amount, computed under any of the special methods for which you are eligible as described in this paragraph, may be substituted for your primary insurance amount computed under either major method described in paragraph (b) of this section.

(2) If you reach age 62 during the period 1979-1983, your primary insurance amount is guaranteed to be the highest of—

(i) The primary insurance amount we compute for you under the average-indexed-monthly-earnings method;

(ii) The primary insurance amount we compute for you under the average-monthly-wage method, as modified by the rules described in §§ 404.230 through 404.233; or

(iii) The primary insurance amount computed under what we call the old-start method; as described in §§ 404.240 through 404.242.

(3) If you had all or substantially all of your social security earnings before 1951, we will also compute your primary insurance amount under what we call the old-start method.

(4) We compute your primary insurance amount under the rules in §§ 404.250 through 404.252, if—

(i) You were disabled and received social security disability insurance benefits sometime in your life;

(ii) Your disability insurance benefits were terminated because of your recovery or because you engaged in substantial gainful activity; and

(iii) You are, after 1978, re-entitled to disability insurance benefits, or entitled to old-age insurance benefits, or have died.

(5) In some situations, we use what we call a special minimum computation, described in §§ 404.260 through 404.261, to find your primary insurance amount. Computations under this method reflect long-term, low-wage attachment to covered work.

Notes of Decisions
Cited in 10 cases, 1991–2016 · leading case: Jernigan v. Chater
Jernigan v. Chater (1997) mdd · cites it 4× “20 C.F.R. § 404.204 (b)(2). 1 If none of these events occurred prior to 1979, then the worker’s PIA is computed under the average-indexed-monthly-earnings (“AIME”) method.”
Raymond v. Barnhart (2002) nhd “211 (a)(2); see *191 also 20 C.F.R. §§ 404.204 (c)(4) & 404.252. In addition, if the special minimum primary insurance amounts are higher that those calculated under the rules, the Commissioner uses the special amounts.”
Schultz v. Aviall, Inc. Long Term Disability Plan (2011) ilnd “§§ 402 (d)(2); 20 C.F.R. § 404.204 ; 20 C.F.R. § 404.317 .”
Hazel Fields v. Kenneth S. Apfel (2000) ca8 “See 20 C.F.R § 404.204(a). Fields challenged the computation of her AMW, eventually seeking judicial review of the SSA’s final determination on this issue.”
Cummins v. Barnhart (2006) azd · cites it 3× “§ 415 (computation of the Primary Insurance Amount (“PIA”)); 20 C.F.R. § 404.204 (explaining the various PIA calculation methods).”
Shiner v. Sullivan (1991) vtd · cites it 3× “20 C.F.R. § 404.204 (a). One is the average-monthly-wage method (“AMW”), which applies to claimants who became disabled before 1979.”
Petre v. Commissioner of Social Security (2016) ca2 “§ 415 (a)(1)(A)-(B); 20 C.F.R. § 404.204 (b)(1). The AIME is based on all earnings for years worked, from the year the beneficiary turned 22 and up to the second year before the year in which the beneficiary became eligible for benefits.”
Lyublinsky v. Barnhart (2005) nyed “See 20 C.F.R. § 404.204 (a)-(c); see also 2A Soc.”
Raymond v. SSA (2002) nhd “211 (a) (2); see also 20 C.F.R. §§ 404.204 (c) (4) & 404.252. In addition, if the special minimum primary insurance amounts are higher that those calculated under the rules, the Commissioner uses the special amounts.”
Hazel Fields v. Kenneth S. Apfel (2000) ca8 “See 20 C.F.R § 404.204(a). Fields challenged the computation of her AMW, eventually seeking judicial review of the SSA's final determination on this issue.”
— 20 C.F.R. § 404.204(a) — 2 cases
Hazel Fields v. Kenneth S. Apfel (2000) ca8 “See 20 C.F.R § 404.204(a). Fields challenged the computation of her AMW, eventually seeking judicial review of the SSA’s final determination on this issue.”
Hazel Fields v. Kenneth S. Apfel (2000) ca8 “See 20 C.F.R § 404.204(a). Fields challenged the computation of her AMW, eventually seeking judicial review of the SSA's final determination on this issue.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.