20 C.F.R. § 404.310
When am I entitled to old-age benefits?
We will find you entitled to old-age benefits if you meet the following three conditions:
(a) You are at least 62 years old;
(b) You have enough social security earnings to be fully insured as defined in §§ 404.110 through 404.115; and
(c) You apply; or you are entitled to disability benefits up to the month you attain full retirement age (as defined in § 404.409). When you attain full retirement age, your disability benefits automatically become old-age benefits.
Notes of Decisions
Cited in 17
cases (3 in the last 5 years), 1974–2025 · leading case: Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011).
Caldwell v. MacO Workers' Comp. Trust, 2011 MT 162 (Mont. 2011). “20 C.F.R. § 404.310 (2011). ¶ 51 Caldwell's work history demonstrates the irrationality of categorically eliminating rehabilitation benefits once a person becomes eligible for social security.”
Maloney v. Soc. Sec. Admin., 517 F.3d 70 (2d Cir. 2008). “§ 402 (a); 20 C.F.R. § 404.310 , requesting that they commence on his sixty-fifth birthday in December 1994.”
Tipadis v. Comm'r of Soc. Sec., 284 F. Supp. 3d 517 (S.D. Ill. 2018). “See also 20 C.F.R. § 404.310 . If the recipient has reached "retirement age," then that person will receive the full amount of their old-age insurance benefits.”
Pocono Mountain Sch. Dist. v. Workers' Comp. Appeal Bd., 113 A.3d 909 (Pa. Commw. Ct. 2015). “” 20 C.F.R. § 404.310 (emphasis added). Here, because Claimant had applied for benefits in advance of his eligibility and had been approved, he was entitled to Social Security retirement benefits when he turned 62 on January 2, 10 2010, which was 18 days before his work injury…”
Herbert E. Coulter v. Casper W. Weinberger, Sec'y of the Dep't of Health, Educ., & Welfare, 527 F.2d 224 (3rd Cir. 1975). “The Secretary’s regulation, 20 C.F.R. § 404.310 , provides that an individual is entitled to the establishment of a “period of disability” if he came within the Act’s definition of disability and, as to a pre1965 application if it were filed during the period when the incapacity…”
Lee v. Se. Pennsylvania Transp. Auth., 418 F. Supp. 2d 675 (E.D. Pa. 2005). “20 C.F.R. § 404.310 (2005). The plaintiff argues that because persons over 65 need not prove disability to receive Social Security benefits, persons over 65 should not need to prove disability to recover under the ADA.”
Robert L. SMITHBACK, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Sec'y, Health & Human Servs., Defendant-Appellee, 899 F.2d 698 (7th Cir. 1990). “Smithback claims his written application in January 1987 merely served to substantiate his earlier oral application. Nothing in the record supports Smithback’s claim that he intended to file an application for benefits when he phoned about the reduction in benefits to which he…”
Sanborn v. Weinberger, 383 F. Supp. 859 (D. Del. 1974). “83), clearly comes too late under 20 C.F.R. § 404.310 (b) to establish any period of disability ending in 1965 or 1966.”
Satterlee v. Lumberman's Mut. Cas. Co., 2009 MT 368 (Mont. 2009). “20 C.F.R. §404.310 (2009). Full retirement age has traditionally been 65 years.”
Elliott v. Barnhart, 117 F. App'x 659 (10th Cir. 2004). “See 20 C.F.R. §§ 404.310 (c), 404.316(b)(2). The automatic change in benefits was without regard to his continuing disability.”
Reeves-Stanford v. Comm'r of Soc. Sec. (M.D. Fla. 2023). “§ 402 (a); 20 C.F.R. § 404.310 ; see also Cornelius v.”
Claim of Jones v. Lumber, 41 A.D.3d 997 (N.Y. App. Div. 2007). “Generally, an individual is eligible for old-age benefits if (1) he or she is at least 62 years old, (2) he or she has sufficient Social Security earnings to be fully insured and (3) he or she applies for such benefits (see 42 USC § 402 [a]; 20 CFR 404.310). Claimant argues that…”
— 20 C.F.R. § 404.310(a)(3) — 1 case
Sanborn v. Weinberger, 383 F. Supp. 859 (D. Del. 1974). “83), clearly comes too late under 20 C.F.R. § 404.310 (b) to establish any period of disability ending in 1965 or 1966.”
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