20 C.F.R. § 404.252
Subsequent entitlement to benefits 12 months or more after entitlement to disability benefits ended
In this situation, we compute your second-entitlement primary insurance amount by selecting the higher of the following:
(a) New primary insurance amount. The primary insurance amount computed as of the time of your second entitlement under any of the computation methods for which you qualify at the time of your second entitlement; or
(b) Previous primary insurance amount. The primary insurance amount to which you were entitled in the last month for which you were entitled to a disability insurance benefit.
Notes of Decisions
Cited in 1
case, 1991–1991 · leading case: Shiner v. Sullivan
Shiner v. Sullivan (1991)
“20 C.F.R. § 404.252 (a); Report at 6. Apparently the Secretary did employ this applicable method in his final (September 1987) computation of Shiner’s benefits.”
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