C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart D—Old-Age, Disability, Dependents' and Survivors' Insurance Benefits; Period of Disability

20 C.F.R. § 404.315

Who is entitled to disability benefits?

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(a) General. You are entitled to disability benefits while disabled before attaining full retirement age as defined in § 404.409 if—

(1) You have enough social security earnings to be insured for disability, as described in § 404.130;

(2) You apply;

(3) You have a disability, as defined in § 404.1505, or you are not disabled, but you had a disability that ended within the 12-month period before the month you applied; and

(4) You have been disabled for 5 full consecutive months or no waiting period is required. The 5-month waiting period begins with a month in which you were both insured for disability and disabled. Your waiting period can begin no earlier than the 17th month before the month you apply—no matter how long you were disabled before then. No waiting period is required if:

(i) You were previously entitled to disability benefits or to a period of disability under § 404.320 any time within 5 years of the month you again became disabled; or

(ii) You have been medically determined to have amyotrophic lateral sclerosis, and we approved your application for disability insurance benefits on or after July 23, 2020.

(b) [Reserved]

[44 FR 34481, June 15, 1979, as amended at 48 FR 21930, May 16, 1983; 51 FR 10616, Mar. 28, 1986; 51 FR 16166, May 1, 1986; 53 FR 43681, Oct. 28, 1988; 57 FR 30119, July 8, 1992; 60 FR 8145, Feb. 10, 1995; 68 FR 4704, Jan. 30, 2003; 86 FR 48021, Aug. 27, 2021; 91 FR 16829, Apr. 3, 2026]
Notes of Decisions
Cited in 129 cases (61 in the last 5 years), 1986–2026 · leading case: Andrew T. Wilson v. Jo Anne B. Barnhart
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Andrew T. Wilson v. Jo Anne B. Barnhart (2002) ca11 “See 20 C.F.R. §§ 404.315 (a)(3), 404.320(b)(3), 404.”
Lynn Ulman v. Commissioner of Social Security (2012) ca6 “§ 423 (a)(1); 20 C.F.R. § 404.315 (a). Claimant was 47 at the time her insured status expired.”
Robert L. GILLILAND, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services (1986) ca3 · cites it 2× “See 20 C.F.R., §§ 404.315 , 404.621(a) (1985).”
Wanda S. FLATEN, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee (1995) ca9 “242 (special computation rales for people who had an earlier period of disability and become reentitled to payments at a later date); 20 C.F.R. § 404.315 (individuals who were previously entitled to disability benefits need not satisfy the waiting period requirement when they…”
Nicolo ARNONE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee (1989) ca2 “Despite his failure to satisfy the earnings requirement at the time of his January 19, 1981 application, Arnone might nevertheless have been “insured for disability,” 20 C.F.R. § 404.315 , at that time if he qualified for a “period of disability,” 42 U.”
Thompson v. Gold Medal Bakery, Inc. (2021) ca1 “Noting that, to receive disability benefits, an applicant "must be disabled for five full calendar months in a row," see 20 C.F.R. § 404.315 (a)(4), the SSA concluded that Thompson was entitled to begin collecting benefits beginning in November 2016, five full months after the…”
Petty v. Astrue (2008) azd · cites it 2× “See 20 C.F.R. § 404.315 . The ALJ found that seasonal allergy use with anaphylaxis and left ear neurosensory hearing loss satisfied step two, but rejected that Petty’s depression was severe pri- or to March 31, 1997.”
Patrick Land v. Commissioner of Social Security (2012) ca11 “§§ 423 (a)(1), 1382(a)(1); 20 C.F.R. §§ 404.315 (a)(3), 416.202(a)(3).”
MARTINZE v. Barnhart (2003) nywd “See 20 C.F.R. § 404.315 (a)(4). D. Evidence Before the Appeals Council Plaintiff requested a review by the Appeals Council.”
Ali v. Colvin (2017) dcd “See 20 C.F.R. § 404.315 . The Act defines “disability” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which.”
Terry D. Loudermilk v. Jo Anne B. Barnhart (2002) ca11 “See 20 C.F.R. §§ 404.315 , 404.320 (2001). Loudermilk subsequently filed a request for reconsideration claiming his entitlement month should begin as of January 1982.”
Metz v. Metz (2004) nev “13 See 20 C.F.R. § 404.315 (a). 14 See Lightel v.”
Show all 129 citing cases →
— 20 C.F.R. § 404.315(a) — 12 cases
Dogan v. Astrue (2010) innd
Fletcher v. Commissioner of Social Security (2014) ohsd
(SS) Vang v. Commissioner of Social Security (2021) caed
(SS) Burruel v. Commissioner of Social Security (2022) caed
(SS) Burke v. Commissisoner of Social Security (2023) caed
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