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, Sec'y of Health & Human Servs., Defendant-Appellee, 882 F.2d 34 (2d Cir. 1989).

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Nicolo ARNONE, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 882 F.2d 34 (2d Cir. 1989). · 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, 688 F.3d 306 (7th Cir. 2012). “§ 423 (a)(1)(A); 20 C.F.R. § 404.320 (b)(2); Martinez v. As true, 630 F.”

Perez v. Barnhart, 415 F.3d 457 (5th Cir. 2005). “(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, 732 F.3d 702 (7th Cir. 2013). “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. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 44 F.3d 1453 (9th Cir. 1995). “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, Sec'y of Dep't of Health & Human Servs., 776 F.2d 1130 (3rd Cir. 1985). “1971); 20 C.F.R. § 404.320 (b)(2) (1985). 2 . See 20 C.”

Payne v. Colvin, 216 F. Supp. 3d 876 (N.D. Ill. 2016). “§ 423 (a)(1)(A); 20 C.F.R. § 404.320 (b)(2); Shideler v. Astrue, 688 F.”

Stuckey v. Dep't of Labor & Indus., 129 Wash. 2d 289 (Wash. 1996). “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., 916 P.2d 399 (Wash. 1996). “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, Comm'r of Soc. Sec., Defendant-Appellee, 76 F.3d 675 (5th Cir. 1996). · 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., Sec'y of Health & Human Servs., Defendant-Appellee, 865 F.2d 207 (9th Cir. 1989). · 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, 694 F. Supp. 2d 738 (N.D. Ohio 2010). “§ 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.”

Terry Johnson v. Kenneth S. Apfel, Comm'r of Soc. Sec. Admin., 191 F.3d 770 (7th Cir. 1999). “§ 416(i)(2)(A); 20 C.F.R. § 404.320 (a). The Act further provides that “[n]o period of disability shall begin as to any individual unless such individual files an application for a disability determination with respect to such period.”

Bridges v. Comm'r of Soc. Sec. Admin., 278 F. Supp. 2d 797 (N.D. Tex. 2003). “1996); 20 C.F.R. § 404.320 (a). A claimant may seek a declaration of a period of disability even if he or she could not receive benefits for that period.”

Hurley v. Astrue, 714 F. Supp. 2d 888 (N.D. Ill. 2010). · cites it 2× “Hurley did not apply for benefits until March 20, 2007, his claim for DIB is untimely pursuant to 20 C.F.R. § 404.320 . Therefore, the Court must affirm the ALJ’s unfavorable decision.”

McQuestion v. Astrue, 629 F. Supp. 2d 887 (E.D. Wis. 2009). “Some courts, in discussing duration and insured status, include the requirement contained in 20 C.F.R. § 404.320 (b)(3), that the claimant “file an application while disabled, or no later than 12 months after the month in which [the] period of disability ended.”

Walls v. Astrue, 282 F. App'x 568 (9th Cir. 2008). “1995), or within the twelve months before filing, see 20 C.F.R. §§ 404.320 (b)(3), 404.621(d). Walls argues that the ALJ erred in concluding that her impairments did not, either singly or in combination, 1 equal a “listed impairment” so as to merit a finding that she was…”

Steven W. THERRIEN, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Sec'y of Health & Human Servs., Defendant-Appellee, 795 F.2d 2 (2d Cir. 1986). “367 (1980) (formerly 20 C.F.R. § 404.320 (1979)), that excluded correspondence school students from the class of persons eligible for benefits.”

Ziff v. Chater, 930 F. Supp. 1356 (N.D. Cal. 1996). “§ 416 (i)(2)(F); 20 C.F.R. § 404.320 (b)(3); Floten, 44 F.”

Baker v. Bowen, 697 F. Supp. 430 (D. Wyo. 1988). “See 20 C.F.R. § 404.320 (b) (1988). Before a claimant is determined to be disabled, he must have a severe impairment which renders him unable to perform his previous work or any other substantial gainful activity.”

Miller v. Richardson, 320 F. Supp. 313 (S.D.W. Va 1970). “* * *” 20 C.F.R. § 404.320 (c) (2). It is obvious from the foregoing statements that plaintiff’s child does not qualify as a full-time student under the Act, indeed plaintiff admits that she does not qualify.”

Shiner v. Sullivan, 793 F. Supp. 1257 (D. Vt. 1991). · cites it 5× “20 C.F.R. § 404.320 ; see POMS, RS 00605.”

Colon Colon v. Sec'y of Health, 788 F. Supp. 671 (D.P.R. 1992). “See 20 C.F.R. § 404.320 (b)(3). Plaintiff filed the first of her four applications for disability insurance benefits on April 23, 1969, twenty-one months after her period of disability ended in July 3, 1967.”

Cummins v. Barnhart, 460 F. Supp. 2d 1112 (D. Ariz. 2006). · cites it 2× “20 C.F.R. § 404.320 (b)(4) (prescribing a five-month waiting period from the onset of the disability before disability benefits will be paid).”

Salazar v. Dudek (E.D. Wash. 2025). · cites it 3× “14 20 C.F.R. § 404.320 (emphasis added). 15 As used in the regulations, the phrase “period of disability” is a term of art.”

Haberman v. Gardner, 296 F. Supp. 661 (S.D.N.Y. 1968). “320(c) (2), 20 C.F.R. 404.320(c) (2) 2 and could not qualify as a “full time student” under the provisions of Section 202(d) of the Act, 42 U.”

Beety-Monticelli v. Comm'r of Soc. Sec., 343 F. App'x 743 (3rd Cir. 2009). “1985); 20 C.F.R. § 404.320 . Entitlement to CIB benefits requires that a claimant show, inter alia, that she became disabled before her twenty-second birthday.”

Lonek v. SSA, 2017 DNH 112 (D.N.H. 2017). · cites it 2× “See 20 C.F.R. § 404.320 (b). But given the facts of this case, Lonek would not qualify for such benefits.”

Neela v. Soc. Sec. Admin. (N.D. Cal. 2021).

Terentino v. Kijakazi (D. Conn. 2023).

White v. Comm'r (C.D. Ill. 2019).

Wheatman v. Colvin (N.D. Ill. 2018).

Santiago v. Saul (N.D. Ill. 2022).

Roberson v. Comm'r of Soc. Sec. (S.D. Ill. 2020).

Garduno v. Comm'r of Soc. Sec. (S.D. Ill. 2023).

Holt v. Comm'r of Soc. Sec. (S.D. Ill. 2023).

Stewart v. Comm'r of Soc. Sec. (S.D. Ill. 2023).

Reed v. Comm'r of Soc. Sec. (S.D. Ill. 2023).

Beasley v. Comm'r of Soc. Sec. (S.D. Ill. 2023).

Bice v. Kijakazi (S.D. Ill. 2023).

Stump v. Comm'r of Soc. Sec. Admin. (N.D. Ind. 2022).

Imse v. Comm'r of Soc. Sec. (N.D. Ind. 2022).

Hood v. Kijakazi (S.D. Ind. 2023).

Clark v. Soc. Sec. Admin., Comm'r of (D. Kan. 2023).

Mercado v. Berryhill (D. Mass. 2020). “§ 423 (d)(1)(A)); see also 20 C.F.R. 404.320(b)(3), 404.621(d). Disability is defined as being: unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted…”

Kiener v. Comm'r of Soc. Sec. (W.D.N.Y. 2023).

Windsor v. Comm'r of Soc. Sec. (N.D. Ohio 2019).

Jarrett v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2019).

Szczurek v. Comm'r of Soc. Sec. (N.D. Ohio 2019).

Beard v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2019).

Ripley v. Comm'r of Soc. Sec. (N.D. Ohio 2019).

Simmons v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2020).

Lynch v. Comm'r of Soc. Sec. (N.D. Ohio 2020).

Phillips v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2020).

Osborne v. Comm'r of Soc. Sec. (N.D. Ohio 2020).

Katila v. Comm'r of the Soc. Sec. Admin. (N.D. Ohio 2020).

Sparks v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2021).

Ullman v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2021).

Clark v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

White v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Borawski v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Butcher v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Parker v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Cantu v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2021).

Pratt v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Blackmon v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Hess v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2021).

Christian v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Williams v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Barnard v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2021).

Williams v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Young-Roach v. Soc. Sec. Admin. (N.D. Ohio 2021).

Taylor v.Comm'r of Soc. Sec. (N.D. Ohio 2021).

Bentz v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2021).

Harris v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Fields v. Comm'r of Soc. Sec. (N.D. Ohio 2021).

Pettiford v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

Polk v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

Anderson v. Commisioner of Soc. Sec. (N.D. Ohio 2022).

Klapp v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

DeLong v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Lynch v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Stewart v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Cummins v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

Peck v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

Henderson v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Erlich Lower v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Baker v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

White v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Delbo v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

Delly v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

Stevenson v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Kessler v. Comm'r of the Soc. Sec. Admin. (N.D. Ohio 2022).

Grossman v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Izworski v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2022).

Kelley v. Comm'r of Soc. Sec. (N.D. Ohio 2022).

Bennett v. Comm'r of the Soc. Sec. Admin. (N.D. Ohio 2022).

Al-Maliki v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2023).

Bowker v. Comm'r of Soc. Sec. (N.D. Ohio 2024).

Jarvis v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2024).

Shaffer v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2024).

Studer v. Comm'r of Soc. Sec. (S.D. Ill. 2024).

Whittenburg v. Comm'r of Soc. Sec. (S.D. Ill. 2024).

Haines v. Comm'r of Soc. Sec. (N.D. Ohio 2024).

Nguyen v. Comm'r of Soc. Sec. (N.D. Ohio 2024).

Eddington v. Comm'r of Soc. Sec. (N.D. Ohio 2024).

Browning v. Soc. Sec. Admin. (N.D. Ohio 2024).

White v. Comm'r of Soc. Sec. (N.D. Ohio 2024).

Renfrow v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2024).

Bishop v. Comm'r of Soc. Sec. (N.D. Ohio 2025).

Alvarez v. Comm'r of Soc. Sec. (S.D. Ill. 2025).

Munger v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2025).

Leonard v. Comm'r of Soc. Sec. (S.D. Ill. 2025).

Evans v. Comm'r of Soc. Sec. (N.D. Ohio 2025).

Madlock v. Comm'r of Soc. Sec. (N.D. Ohio 2025).

Henson v. Comm'r of Soc. Sec. Admin. (N.D. Ohio 2025).

Christoffer v. Comm'r of Soc. Sec. (N.D. Ohio 2025).

Metz v. Comm'r of Soc. Sec. (N.D. Ohio 2025).

Lippert v. Comm'r of Soc. Sec. (N.D. Ohio 2025).

Buschow v. Comm'r of Soc. Sec. (N.D. Ohio 2025).

Stoodt v. Comm'r of Soc. Sec. (N.D. Ohio 2025). “§ 416 (i)(2)(E); 20 C.F.R. § 404.320 . A disabled claimant may also be entitled to receive SSI benefits.”

Nackley v. Comm'r of Soc. Sec. (S.D. Ill. 2025). “19, 2022) (citing 20 C.F.R. § 404.320 (b)(3)). A “physical or mental impairment” is an impairment resulting from anatomical, physiological, or psychological abnormalities demonstrated by accepted diagnostic techniques.”

Moore (N.D. Ohio 2025). “A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date the disability ended.”

Parsons (N.D. Ohio 2025). “A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date the disability ended.”

Gwenette Jackson v. Comm'r of Soc. Sec. (N.D. Ohio 2026). “A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date the disability ended.”

Kauffman (N.D. Ohio 2026). “§ 416 (i)(2)(E); 20 C.F.R. § 404.320 . Eligibility for MQGE benefits is limited to certain categories of former Federal employees.”

Bowker (N.D. Ohio 2026). “A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date the disability ended.”

Dietz (S.D. Ill. 2026). “19, 2022) (citing 20 C.F.R. § 404.320 (b)(3)). A “physical or mental impairment” is an impairment resulting from anatomical, physiological, or psychological abnormalities demonstrated by accepted diagnostic techniques.”

Snay (N.D. Ohio 2026). “A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date the disability ended.”

Foley (N.D. Ohio 2026). “A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date the disability ended.”

Woods (N.D. Ohio 2026). “A claimant is entitled to a POD only if the claimant: (1) had a disability; (2) was insured when the claimant became disabled; and (3) filed while the claimant was disabled or within twelve months of the date the disability ended.”

Venaziano (N.D. Ohio 2026). “§ 416 (i)(2)(E); 20 C.F.R. § 404.320 . A disabled claimant may also be entitled to receive SSI benefits.”

Ordewald v. Barnhart, 351 F. Supp. 2d 499 (W.D. Va. 2005).

Arthur v. Barnhart, 211 F. Supp. 2d 783 (W.D. Va. 2002).

Randy Schomas v. Carolyn W. Colvin (7th Cir. 2013).

Beety-Monticelli v. Comm'r of Soc. Sec., 343 F. App'x 743 (3rd Cir. 2009).

Durrett v. Chater (10th Cir. 1998).

Leland Brown v. Shirley S. Chater, Comm'r of Soc. Sec., 1, 69 F.3d 547 (10th Cir. 1995). “20 C.F.R. 404.320(b)(3). Although the ALJ went on to note that plaintiff had further surgery in 1991, which might have led to disability, because he was not insured at that time he was not entitled to benefits.”

Jess Olson v. Shirley S. Chater, Comm'r of Soc. Sec., 1, 74 F.3d 1249 (10th Cir. 1996). “See 20 C.F.R. 404.320(b)(2). To be eligible for Title II benefits, appellant must show that he was disabled between July 31, 1983, and September 30, 1987.”

Just. v. Shalala, 842 F. Supp. 251 (E.D. Tex. 1993).

Schultz v. Nationwide Ins., 25 Pa. D. & C.3d 257 (1982).

— 20 C.F.R. § 404.320(b) — 1 case

Salazar v. Dudek (E.D. Wash. 2025). “14 20 C.F.R. § 404.320 (emphasis added). 15 As used in the regulations, the phrase “period of disability” is a term of art.”

— 20 C.F.R. § 404.320(b)(2) — 1 case

— 20 C.F.R. § 404.320(b)(3) — 2 cases

— 20 C.F.R. § 404.320(c) — 1 case

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