20 C.F.R. § 416.330

Filing before the first month you meet the requirements for eligibility

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If you file an application for SSI benefits before the first month you meet all the other requirements for eligibility, the application will remain in effect from the date it is filed until we make a final determination on your application, unless there is a hearing decision on your application. If there is a hearing decision, your application will remain in effect until the hearing decision is issued.

(a) If you meet all the requirements for eligibility while your application is in effect, the earliest month for which we can pay you benefits is the month following the month that you first meet all the requirements.

(b) If you first meet all the requirements for eligibility after the period for which your application was in effect, you must file a new application for benefits. In this case, we can pay you benefits only from the first day of the month following the month that you meet all the requirements based on the new application.

[64 FR 31973, June 15, 1999]

Notes of Decisions

Cited in 93 cases (40 in the last 5 years), 1982–2026 · leading case: Frederick v. Berryhill

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Frederick v. Berryhill (2017) moed “1382c; 20 C.F.R. §§ 416.330 and 416.335. Thus, the relevant time period in this case is from May 1, 2010 through May 27, 2014.”

Evelyn Grace DAWKINS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, D (1988) ca11 “1985); see 20 C.F.R. § 416.330 . 3 .In his report, Dr.”

Darrell E. NELSON, Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Appellee (1992) ca8 “§ 1382 (c); 20 C.F.R. §§ 416.330 , 416.335. 3 .Nelson had previously filed an SSI application on March 11, 1987, alleging that he had been disabled by arthritis since 1958.”

Skeens v. Shalala (1994) vawd · cites it 10× “Before the revision, the pertinent regulation, 20 C.F.R. § 416.330 (1986), stated that an SSI application remained in effect until a decision by the district court.”

Wilma J. BATTLES, Appellant, v. Louis SULLIVAN, Secretary, Department of Health and Human Services, Appellee (1990) ca8 “§ 1382 (c); 20 C.F.R. §§ 416.330 and 416.335. We conclude that the AU’s determination that Battles was not disabled prior to the expiration of her Title II insured status is supported by substantial evidence.”

Mary J. Dorsey v. Margaret M. Heckler, Secretary of Health and Human Services (1983) ca5 “20 C.F.R. § 416.330 (emphasis added). A determination of disability is clearly one of the eligibility requirements for SSI benefits.”

Elmer G. JOHNSON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appelle (1985) ca5 “…v. Califano, 591 F.2d 1088 (5th Cir.), cert. denied, 444 U.S. 952 , 100 S.Ct. 428 , 62 L.Ed.2d 323 (1979). 17 . 20 C.F.R. § 416.330 .”

Cordero v. Astrue (2008) nysd “335 , and SSI claims remain in effect only through the date of the Decision, 20 C.F.R. § 416.330 , Corde-ro’s claim for SSI benefits runs from June 30, 2003 to January 23, 2006 (the "Application Period”).”

Joseph Jernigan v. Louis Sullivan, Secretary of Health and Human Services (1991) ca8 “§ 1382c; 20 C.F.R. §§ 416.330 , 416.335. The AU found that Jernigan developed a severe anxiety reaction with neurotic depression in August of 1983 that rendered him disabled at the time his application was filed on April 16, 1984.”

Pena v. Chater (1997) nysd “…application through the date that ALJ Goldman's decision was issued is all that is before the Court at this time. See 20 C.F.R. § 416.330 .”

Charles P. Cieutat v. Otis R. Bowen, M.D., Secretary of Health and Human Services, Defendant (1987) ca5 “See 20 C.F.R. § 416.330 ; Dorsey, 702 F.2d at 606-07 .”

Baxter v. Schweiker (1982) gand “20 C.F.R. § 416.330 (1981). Accordingly, the court must consider whether there was substantial evidence for the ALJ’s conclusion that plaintiff was not disabled at any point from September 30, 1977 forward.”

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