20 C.F.R. § 416.1335
Termination due to continuous suspension
We will terminate your eligibility for benefits following 12 consecutive months of benefit suspension for any reason beginning with the first month you were no longer eligible for regular SSI cash benefits, federally-administered State supplementation, special SSI cash benefits described in § 416.262, or special SSI eligibility status described in § 416.265. We will count the 12-month suspension period from the start of the first month that you are no longer eligible for SSI benefits (see § 416.1320(a)) or the start of the month after the month your special SSI eligibility status described in § 416.265 ended. This termination is effective with the start of the 13th month after the suspension began.
Notes of Decisions
Cited in 27
cases (16 in the last 5 years), 1985–2026 · leading case: Frank DeCHIRICO, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Commissioner of the Social Security Administration, De
Frank DeCHIRICO, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Commissioner of the Social Security Administration, De (1998)
“1325 (providing for suspension of benefits to a recipient who is a resident of a “public institution”); 20 C.F.R. § 416.1335 (providing for termination of benefits following twelve consecutive months of benefit suspension).”
Brennan v. Astrue (2007)
“” 20 C.F.R. § 416.1335 . Thus, when an individual is incarcerated for a period of more than twelve months, her SSI benefits will be terminated regardless of the presence or absence of medical improvement in her impairment(s).”
Advocate Christ Medical Center v. Kennedy (2025)
“…ter—because her eligibility for benefits lasts until her in- come is too high for one full year, §1383(j)(1); 20 CFR §416.1335 , or until her enrollment is terminated for some other reason, §1383(e)(1)(A); 20 CFR §§416.1331 , 416.1333– 416.1334. The statute also seems…”
Advocate Christ Medical Center v. Xavier Becerra (2023)
“See 20 C.F.R. § 416.1335 . At that point, the individual must reapply to receive future payments.”
Nadine Warren v. Otis R. Bowen, Secretary of Health and Human Services, Defendant (1987)
“See 20 C.F.R. § 416.1335 (1986). After the family’s financial condition again deteriorated, she reapplied for SSI in late 1981.”
Eugene Gordon, Jr. v. Secretary of Health and Human Services (1986)
“Under 20 C.F.R. § 416.1335 , eligibility for benefits is terminated when twelve calendar months have elapsed after suspension for ineligibility if the beneficiary has not reestablished eligibility for benefits.”
Clark v. Comm Social Security (2006)
“His benefits were terminated in October 2001 pursuant to 20 C.F.R. § 416.1335 , which provides that eligibility for benefits terminates following twelve months of benefit suspension.”
Ransom, Jr. v. Commissioner, SSA (2021)
“20 C.F.R. § 416.1335 . Plaintiff argues that because he only worked five months in 2008, his benefits should only have been terminated for those five consecutive months [Dkt.”
Andrew Slabon v. Nancy A. Berryhill (2019)
“§ 1383 (j); 20 C.F.R. § 416.1335 . Slabon sued the acting commissioner for constitutional violations, mistakenly invoking 42 U.”
Andrew Slabon v. Nancy A. Berryhill (2019)
“§ 1383 (j); 20 C.F.R. § 416.1335 . Slabon sued the acting commissioner for constitutional violations, mistakenly invoking 42 U.”
Andrew Slabon v. Nancy A. Berryhill (2019)
“§ 1383 (j); 20 C.F.R. § 416.1335 . Slabon sued the acting commissioner for constitutional violations, mistakenly invoking 42 U.”
Pratt v. Commissioner of Social Security (2021)
“If the recipient’s incarceration continues beyond 12 months, 20 C.F.R. § 416.1335 provides for benefits to be terminated.”
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