20 C.F.R. § 416.335

Filing in or after the month you meet the requirements for eligibility

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When you file an application in the month that you meet all the other requirements for eligibility, the earliest month for which we can pay you benefits is the month following the month you filed the application. If you file an application after the month you first meet all the other requirements for eligibility, we cannot pay you for the month in which your application is filed or any months before that month. See §§ 416.340, 416.345 and 416.350 on how a written statement or an oral inquiry made before the filing of the application form may affect the filing date of the application.

[64 FR 31973, June 15, 1999]
Notes of Decisions
Cited in 365 cases (237 in the last 5 years), 1986–2026 · leading case: Wall v. Astrue, 561 F.3d 1048 (10th Cir. 2009).
Wall v. Astrue, 561 F.3d 1048 (10th Cir. 2009). · cites it 2× “See 20 C.F.R. § 416.335 . [29] A short prescription written by Dr.”
L.D.R. by WAGNER v. Berryhill, 920 F.3d 1146 (7th Cir. 2019). “§ 1382 (c)(7) ; 20 C.F.R. § 416.335 . 3 The equal protection analysis in the Fifth Amendment as it applies to the federal government is the same as that under the Fourteenth Amendment.”
Rounds v. Comm'r Soc. Sec. Admin., 807 F.3d 996 (9th Cir. 2015). “See 20 C.F.R. § 416.335 (SSI can only be paid beginning the month after an application is filed).”
Ramona KEPLER, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 68 F.3d 387 (10th Cir. 1995). “2 She has been diagnosed since adolescence as having right thoracic and left lumbar (double curvature) scoliosis. At age twelve, she began wearing a Milwaukee brace, a type of walking brace extending from the coccyx to the chin, to stabilize the scoliosis, and she wore the brace…”
Maria TEJADA, Plaintiff-Appellant, v. Kenneth S. APFEL, Comm'r of Soc. Sec., Defendant-Appellee, 167 F.3d 770 (2d Cir. 1999). “However, this appeal concerns only Tejada’s right to receive retroactive benefits from the date of her August 5, 1993 application, see 20 C.F.R. § 416.335 (1998) (providing that benefits are not payable for the time period before an application is filed), through the day before…”
Koster v. Comm'r of Soc. Sec., 643 F. App'x 466 (6th Cir. 2016). “Concentration, persistence or pace refers to the ability to sustain focused attention and concentration sufficiently long to permit the timely and appropriate completion of tasks commonly found in work settings.”
D'Angelo v. Comm'r of Soc. Sec., 475 F. Supp. 2d 716 (W.D. Mich. 2007). “Following the five steps, the ALJ initially found that plaintiff had not engaged in substantial gainful activity since the alleged onset of disability (AR 23).”
Alfred PERKINS, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec., Defendant-Appellee, 107 F.3d 1290 (7th Cir. 1997). “This is because one can collect SSI under Title XVI only as of the date of application, regardless of how long one may have suffered from a particular infirmity, 20 C.F.R. § 416.335 , but one can collect DIB under Title II that covers up to 12 months of disability prior to the…”
Loisel v. Rowe, 660 A.2d 323 (Conn. 1995). “§ 1382 (c) (6) (1992); 20 C.F.R. §§ 416.335 and 416.501 (1994). 9 Thus, she also would *378 not be entitled to any unpaid “back benefits” from the general assistance program.”
Raymond GHANT, Appellant, v. Otis BOWEN, Sec'y of Health & Human Servs., Appellee, 930 F.2d 633 (8th Cir. 1991). “20 C.F.R. § 416.335 (1990). 7 . The Appeals Council found that the collateral estoppel doctrine did not apply because the Social Security Administration did not make a decision concerning Ghant’s disability prior to September 1, 1983.”
Cordero v. Astrue, 574 F. Supp. 2d 373 (S.D.N.Y. 2008). “Since SSI benefits are not payable for any month before the month in which the application is filed, 20 C.F.R. § 416.335 , and SSI claims remain in effect only through the date of the Decision, 20 C.”
Edwin R. Cordova Torres v. Shirley S. Chater, Comm'r of Soc. Sec., 125 F.3d 166 (3rd Cir. 1997). “20 C.F.R. § 416.335 ; see also Cruse v. Bowen, 867 F.”
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