20 C.F.R. § 404.311
When does my entitlement to old-age benefits begin and end?
(a) We will find you entitled to old-age benefits beginning with:
(1) If you have attained full retirement age (as defined in § 404.409), the first month covered by your application in which you meet all requirements for entitlement; or
(2) If you have attained age 62, but have not attained full retirement age (as defined in § 404.409), the first month covered by your application throughout which you meet all requirements for entitlement.
(b) We will find your entitlement to old-age benefits ends with the month before the month you die.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1983–2025 · leading case: In re Waring, 555 B.R. 754 (Bankr.D. Colo. 2016).
In re Waring, 555 B.R. 754 (Bankr.D. Colo. 2016). “See 20 C.F.R. § 404.311 (b) (“your entitlement to old-age benefits ends with the month before the month you die.”
United States v. Howard, 787 F. Supp. 769 (S.D. Ohio 1992). “See 20 C.F.R. § 404.311 .” Id. at 809 . Second, the government retained an interest in the funds erroneously deposited in Mr.”
United States v. Walker, 563 F. Supp. 805 (S.D. Iowa 1983). “See 20 C.F.R. § 404.311 . The government would not have made those deposits had it been aware of Mr.”
Gravalin v. Reliance Stand. Life Ins., 592 F. Supp. 2d 1184 (D.N.D. 2009). “The parties essentially conceded at oral argument that the dispute in this case hinges on an interpretation of regulations, namely 20 C.F.R. § 404.311 and 20 C.F.R. § 404.409 .”
Ignacio v. Comm'r Soc. Sec. Admin. (D. Or. 2023). “” 20 C.F.R. § 404.311 (emphasis in original).”
Ignacio v. Dudek (9th Cir. 2025). “662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face” (citation and internal quotation marks omitted)); see also 20 C.F.R. § 404.311 (a) (explaining when Social…”
Edelman v. Shalala, 892 F. Supp. 639 (D.N.J. 1995). “Plaintiff alleged in his initial brief in support of his motion for summary judgment that 20 C.F.R. § 404.311 , the regulation which provides for when entitlement to retirement benefits begins and ends, fails to comply with the notice, comment and publication requirements of the…”
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