C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart E—Deductions; Reductions; and Nonpayments of Benefits

20 C.F.R. § 404.415

Deductions because of excess earnings

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(a) Deductions because of insured individual's earnings. Under the annual earnings test, we will reduce your monthly benefits (except disability insurance benefits based on the beneficiary's disability) by the amount of your excess earnings (as described in § 404.434), for each month in a taxable year (calendar year or fiscal year) in which you are under full retirement age (as defined in § 404.409(a)).

(b) Deductions from husband's, wife's, and child's benefits because of excess earnings of the insured individual. We will reduce husband's, wife's, and child's insurance benefits payable (or deemed payable—see § 404.420) on the insured individual's earnings record because of the excess earnings of the insured individual. However, beginning with January 1985, we will not reduce the benefits payable to a divorced wife or a divorced husband who has been divorced from the insured individual for at least 2 years.

(c) Deductions because of excess earnings of beneficiary other than the insured. If benefits are payable to you (or deemed payable—see § 404.420) on the earnings record of an insured individual and you have excess earnings (as described in § 404.430) charged to a month, we will reduce only your benefits for that month under the annual earnings test. Child's insurance benefits payable by reason of being disabled will be evaluated using Substantial Gainful Activity guidelines (as described in § 404.1574 or § 404.1575). This deduction equals the amount of the excess earnings. (See § 404.434 for charging of excess earnings where both the insured individual and you, a beneficiary, have excess earnings.)

[70 FR 28811, May 19, 2005]
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1987–2025 · leading case: Ted Martin v. Louis W. Sullivan, Secretary of the Department of Health and Human Services
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Ted Martin v. Louis W. Sullivan, Secretary of the Department of Health and Human Services (1990) ca11 · cites it 2× “” 14 20 C.F.R. § 404.415 (1985). This test applies to two categories of income recipients: wage earners and self-employed individuals.”
Gaynell McCuin v. Secretary of Health and Human Services (1987) ca1 “, 20 C.F.R. §§ 404.415 & 404.1595. Finally, in cases where the claimant is at fault, the regulations provide for adjustment and recovery of Title II and Title XVIII over-payments.”
Gregory v. North Dakota Workers Compensation Bureau (1998) nd “See 20 C.F.R. § 404.415 . A person totally disabled from a work injury thus has no opportunity to supplement his retirement income by any employment, either part or full-time, as the social security act contemplates.”
Max M. Mason v. Jo Anne B. Barnhart, Commissioner of Social Security (2005) ca8 “See § 403(b),(f); 20 C.F.R. §§ 404.415 (a), 404.430. The issue in this case is whether the self-employment earnings reported on Mason’s 1997 Form 1040, for which he received no cash in 1997, are earnings for purposes of determining whether Mason had excess earnings that would…”
In Re the Marriage of Beacham (1994) kanctapp “20 C.F.R. § 404.415 (1993). The payments received by Murritá are not directly or indirectly attributable to appellant; she receives the payments as a result of her natural father’s death.”
Gerstein v. Bowen (1988) ilnd “The court rejected the Secretary’s predictions of large-scale over-payments to ineligible claimants because the normal channels of appeal (determination, reconsideration, ALJ hearing, Appeals Council review) were usually sufficient to detect and correct any errors that may have…”
Doyne v. Union Elec. Co. (1991) moed “§§ 403 (b), 404; 20 C.F.R. §§ 404.415 , et seq. Defendant argues that plaintiff's back and front pay awards should be reduced also by the amount of pension benefits he has received and will receive from defendant.”
Dean B. CARLSON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee (1987) ca8 “§ 403 (f)(3); 20 C.F.R. § 404.415 (1982). 2 If the insured has earned more than his exempt amount, then the difference will be divided by half to arrive at the beneficiary’s “excess earnings for [the] taxable year.”
Pointer v. Shalala (1993) txnd “Two types of income are considered as earnings for the purpose of calculating old-age benefits: (1) wages for services rendered for the year, 20 C.”
United States of America, SSA v. George (2025) wieb “20 C.F.R. §§ 404.415 , 430-435. SSA reduces an individual’s earnings by one dollar for every two dollars she earns above the annual earnings limit.”
Max K. Mason v. Jo Anne B. Barnhart (2005) ca8 “See § 403(b),(f); 20 C.F.R. §§ 404.415 (a), 404.430. The issue in this case is whether the self-employment earnings reported on Mason’s 1997 Form -3- 1040, for which he received no cash in 1997, are earnings for purposes of determining whether Mason had excess earnings that…”
Erma W. Foley v. Louis W. Sullivan, M.D., Secretary of Health & Human Services (1992) ca9 “403 (b)(1); 20 C.F.R. 404.415; 20 C.F.R. 404.434. The application for retirement insurance benefits which Foley filled out and signed specifically informed her that "[a]n annual report of earnings must be filed with the Social Security Administration within 3 months and 15 days…”
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