20 C.F.R. § 404.290

Recalculations

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(a) Your primary insurance amount may be “recalculated” in certain instances. When we recalculate your primary amount, we refigure it under the same method we used in the first computation by taking into account—

(1) Earnings (including compensation for railroad service) incorrectly included or excluded in the first computation;

(2) Special deemed earnings credits including credits for military service (see subpart N of this part) and for individuals interned during World War II (see subpart K of this part), not available at the time of the first computation;

(3) Correction of clerical or mathematical errors; or

(4) Other miscellaneous changes in status.

(b) Unlike recomputations, which may only serve to increase your primary insurance amount, recalculations may serve to either increase or reduce it.

Notes of Decisions

Cited in 2 cases, 2006–2008 · leading case: Cummins v. Barnhart, 460 F. Supp. 2d 1112 (D. Ariz. 2006).

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Cummins v. Barnhart, 460 F. Supp. 2d 1112 (D. Ariz. 2006). · cites it 7× “20 C.F.R. § 404.290 (a)(l)-(4). Whereas a recomputation may only increase a claimant’s PIA, a recalculation may either increase or decrease a claimant’s PIA.”

Cummins v. Soc. Sec. Admin., 280 F. App'x 634 (9th Cir. 2008). “§ 415 (a)(2) (providing for recalculation of benefits based on a change from disability to retirement benefits); 20 C.F.R. § 404.290 (providing for recalculation based on a change in eligibility status).”

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