20 C.F.R. § 404.280

Recomputations

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At times after you or your survivors become entitled to benefits, we will recompute your primary insurance amount. Usually we will recompute only if doing so will increase your primary insurance amount. However, we will also recompute your primary insurance amount if you first became eligible for old-age or disability insurance benefits after 1985, and later become entitled to a pension based on your noncovered employment, as explained in § 404.213. There is no limit on the number of times your primary insurance amount may be recomputed, and we do most recomputations automatically. In the following sections, we explain:

(a) Why a recomputation is made (§ 404.281),

(b) When a recomputation takes effect (§ 404.282),

(d) Automatic recomputations (§ 404.285),

(e) Requesting a recomputation (§ 404.286),

(f) Waiving a recomputation (§ 404.287), and

(g) Recomputing when you are entitled to a pension based on noncovered employment (§ 404.288).

[52 FR 47918, Dec. 17, 1987]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Gerald Fitschen v. Kilolo Kijakazi, 86 F.4th 797 (7th Cir. 2023).

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Gerald Fitschen v. Kilolo Kijakazi, 86 F.4th 797 (7th Cir. 2023). “20 C.F.R. §§ 404.280 , .285. The agency generates these notices when the annual recomputa- tion of benefits results in an increase in the beneficiary’s primary benefit; the recomputations are performed automat- ically based on available earnings data.”

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