20 C.F.R. § 404.320

Who is entitled to a period of disability

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(a) General. A period of disability is a continuous period of time during which you are disabled. If you become disabled, you may apply to have our records show how long your disability lasts. You may do this even if you do not qualify for disability benefits. If we establish a period of disability for you, the months in that period of time will not be counted in figuring your average earnings. If benefits payable on your earnings record would be denied or reduced because of a period of disability, the period of disability will not be taken into consideration.

(b) Who is entitled. You are entitled to a period of disability if you meet all the following conditions:

(1) You have or had a disability as defined in § 404.1505.

(2) You are insured for disability, as defined in § 404.130 in the calendar quarter in which you became disabled, or in a later calendar quarter in which you were disabled.

(3) You file an application while disabled, or no later than 12 months after the month in which your period of disability ended. If you were unable to apply within the 12-month period after your period of disability ended because of a physical or mental condition as described in § 404.322, you may apply not more than 36 months after the month your disability ended.

(4) At least 5 consecutive months go by from the month in which your period of disability begins and before the month in which it would end.

[44 FR 34481, June 15, 1979, as amended at 48 FR 21930, May 16, 1983; 51 FR 10616, Mar. 28, 1986]

Notes of Decisions

Cited in 141 cases (91 in the last 5 years), 1968–2026 · leading case: Nicolo ARNONE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

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Nicolo ARNONE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee (1989) ca2 · cites it 5× “§ 416 (i)(2)(A); 20 C.F.R. § 404.320 (1988). The applicable regulation explains: A period of disability is a continuous period of time during which you are disabled.”

Bradley Shideler v. Michael Astrue (2012) ca7 “§ 423 (a)(1)(A); 20 C.F.R. § 404.320 (b)(2); Martinez v. As true, 630 F.”

Perez v. Barnhart (2005) ca5 “(2003); see also 20 C.F.R. § 404.320 (listing “insured for disability” among those requirements to be met before one is entitled to benefits).”

Schomas v. Colvin (2013) ca7 “See 20 C.F.R. § 404.320 . But prior counsel did not raise this argument in the district court, and thus it is waived.”

Wanda S. FLATEN, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee (1995) ca9 “20 C.F.R. § 404.320 (b)(3). Disability benefits cease when the period of disability ends due to medical improvement (or for other reasons) and the individual is again able to do substantial work.”

Robert H. KANE, Appellant, v. Margaret HECKLER, Secretary of Department of Health and Human Services (1985) ca3 “1971); 20 C.F.R. § 404.320 (b)(2) (1985). 2 . See 20 C.”

Payne v. Colvin (2016) ilnd “§ 423 (a)(1)(A); 20 C.F.R. § 404.320 (b)(2); Shideler v. Astrue, 688 F.”

Stuckey v. Department of Labor & Industries (1996) wash “See 20 C.F.R. §§ 404.320 (1995). If Mr. Stuckey has turned 65, then the statute authorizing offset of his social security retirement benefits is RCW 51.”

Stuckey v. Dept. of Labor & Indus. (1996) wash “See 20 C.F.R. §§ 404.320 (1995). If Mr. Stuckey has turned 65, then the statute authorizing offset of his social security retirement benefits is RCW 51.”

Aubrey GEORGE, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee (1996) ca5 · cites it 4× “20 C.F.R. § 404.320 (a) provides: A period of disability is a continuous period of time during which you are disabled.”

Mary E. SPROW, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee (1989) ca9 · cites it 3× “She relies upon the provisions of 20 C.F.R. § 404.320 (a) relating to when a period of disability may be excluded from consideration in computing benefits.”

Norman v. Astrue (2010) ohnd “§ 416 (i)(2)(E); 20 C.F.R. § 404.320 . Norman was insured on his alleged disability onset date, September 25, 2000, and remained insured through September 30, 2006.”

Show all 141 citing cases →

— 20 C.F.R. § 404.320(b) — 1 case

Salazar v. Dudek (2025) waed

— 20 C.F.R. § 404.320(b)(2) — 1 case

Jess Olson v. Shirley S. Chater, Commissioner of Social Security, 1 (1996) ca10

— 20 C.F.R. § 404.320(b)(3) — 2 cases

Mercado v. Berryhill (2020) mad

Leland Brown v. Shirley S. Chater, Commissioner of Social Security, 1 (1995) ca10

— 20 C.F.R. § 404.320(c) — 1 case

Haberman v. Gardner (1968) nysd

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