20 C.F.R. § 404.303

Definitions

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As used in this subpart:

Apply means to sign a form or statement that the Social Security Administration accepts as an application for benefits under the rules set out in subpart G.

Eligible means that a person would meet all the requirements for entitlement to benefits for a period of time but has not yet applied.

Entitled means that a person has applied and has proven his or her right to benefits for a period of time.

Insured person or the insured means someone who has enough earnings under social security to permit payment of benefits on his or her earnings record. The requirements for becoming insured are described in subpart B.

Permanent home means the true and fixed home (legal domicile) of a person. It is the place to which a person intends to return whenever he or she is absent.

Primary insurance amount means an amount that is determined from the average monthly earnings creditable to the insured person. This term and the manner in which it is computed are explained in subpart C.

We or Us means the Social Security Administration.

You means the person who has applied for benefits or the person for whom someone else has applied.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1990–2025 · leading case: Pocono Mountain Sch. Dist. v. Workers' Comp. Appeal Bd., 113 A.3d 909 (Pa. Commw. Ct. 2015).

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Pocono Mountain Sch. Dist. v. Workers' Comp. Appeal Bd., 113 A.3d 909 (Pa. Commw. Ct. 2015). · cites it 3× “According to SSA’s Regulations, “[a]pply means to sign a form or statement that [SSA] accepts as an application for bene-fits_” 20 C.F.R. § 404.303 (emphasis added). SSA publicizes that application can be made “when you are at least 61 years and 9 months of age,” and encourages…”

Stephenson v. Off. of Pers. Mgmt., 705 F.3d 1323 (Fed. Cir. 2013). “” 20 C.F.R. § 404.303 . OPM’s brief also cites dictionary definitions of the verb “entitle,” such as “ ‘to furnish with proper grounds for seeking or claiming something.”

Johnson v. Sullivan, 777 F. Supp. 741 (W.D. Wis. 1991). “The Secretary’s definition of “eligible,” found at 20 C.F.R. § 404.303 , does little to resolve the ambiguity: “Eligible” means that person would meet all the requirements for an entitlement to benefits for a period of time but has not yet applied.”

Sanches v. Sullivan, 735 F. Supp. 286 (N.D. Ill. 1990). “” See 20 C.F.R. § 404.303 . To be entitled to benefits, however, an individual must have “applied” and “proven his right to benefits for a period of time.”

Fabel v. Shalala, 891 F. Supp. 202 (D.N.J. 1995). · cites it 3× “Defendant has argued that this section indicates that the defendant be adjudged disabled by the Secretary in order to be considered “entitled” to benefits.”

Garrison v. Admin. Comm. of Delta Air Lines, Inc., The (D. Colo. 2022). “3d at 9 See 20 C.F.R. § 404.303 (“Eligible” for a benefit “means that a person would meet all the requirements for entitlement to benefits for a period of time but has not yet applied.”

Freundlich v. Saul (D. Conn. 2021). “§ 402 (d)(1)(G); 20 C.F.R. § 404.303 (a)(5); 20 C.F.R. § 404.”

L.N.P. v. O'Malley (E.D. Va. 2025). “3d at 618 (quoting 20 C.F.R. § 404.303 ) (emphasis added). This Court recognizes that Plaintiff does not face an issue of dual entitlement,6 nor were any of his benefits zeroed out.”

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