C.F.R.
»
Title 20
» CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart E—Payment of Benefits, Overpayments, and Underpayments
Payment of SSI benefits will be made for the month after the month of initial eligibility and for each subsequent month provided all requirements for eligibility (see § 416.202) and payment (see § 416.420) are met. In the month the individual re-establishes eligibility after at least a month of ineligibility, benefits are paid for such a month beginning with the date in the month on which the individual meets all eligibility requirements. In some months, while the factors of eligibility based on the current month may be established, it is possible to receive no payment for that month if the factors of eligibility for payment are not met. Payment of benefits may not be made for any period that precedes the first month following the date on which an application is filed or, if later, the first month following the date all conditions for eligibility are met.
[64 FR 31973, June 15, 1999]
Notes of Decisions
Russell Ex Rel. C.G. v. Astrue, 742 F. Supp. 2d 1355 (N.D. Ga. 2010).
“” 20 C.F.R. § 416.501 . As such, the relevant period for Plaintiff's disability claim began on March 8, 2005, when he filed his application.”
Dunn v. Colvin, 973 F. Supp. 2d 630 (W.D. Va. 2013).
· cites it 2× “§ 1383 (a)(1); 20 C.F.R. § 416.501 . Plaintiff was born on March 30, 1957, and was “closely approaching advanced age” on his alleged onset date.”
Jackson Ex Rel. K.J. v. Astrue, 734 F. Supp. 2d 1343 (N.D. Ga. 2010).
“20 C.F.R. § 416.501 . As such, the period when Plaintiff may start receiving disability benefits, if she is eligible, starts in April 2005 when she filed her application.”
Kaszer v. Comm Soc. Sec., 40 F. App'x 686 (3rd Cir. 2002).
“§ 1382 (c)(7); 20 C.F.R. § 416.501 . Therefore, even if the filing date of Kaszer’s first application— December 1, 1993 — is used as the appropriate starting point, benefits could be awarded retroactive only to twelve months before then, which is December 1, 1992.”
Rodriguez v. United States, 983 F. Supp. 1445 (S.D. Fla. 1997).
“In addition, because the State of Florida and Dade County’s reimbursement rights are directly linked to the aliens’ accrued benefits, the SSA cannot issue a policy which eliminates those accrued benefits without causing injustice and hardship to the State of Florida and Dade…”
Morrell v. Harris, 505 F. Supp. 1063 (E.D. Pa. 1981).
“Morrell waited over eight months for a decision on her eligibility. If a claimant is found not disabled at a hearing, the Social Security Administration can attempt to recoup the money paid her pending the hearing.”
Williams v. Apfel, 65 F. Supp. 2d 1223 (N.D. Okla. 1999).
“However, past due benefits cannot be paid to the claimant prior to the date he filed his application, 20 C.F.R. § 416.501 ; thus, the onset date is March 1, 1989.”
Jenkins v. Astrue, 836 F. Supp. 2d 211 (M.D. Penn. 2011).
“” See 20 C.F.R. § 416.501 . Consequently, Jenkins is not eligible for SSI benefits for any period prior to March 1, 2007.”
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