U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER II— FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS

42 U.S.C. § 420

Disability provisions inapplicable if benefit rights impaired

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None of the provisions of this subchapter relating to periods of disability shall apply in any case in which their application would result in the denial of monthly benefits or a lump-sum death payment which would otherwise be payable under this subchapter; nor shall they apply in the case of any monthly benefit or lump-sum death payment under this subchapter if such benefit or payment would be greater without their application.

Notes of Decisions
Cited in 6 cases, 1991–2002 · leading case: Raymond v. Barnhart
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Raymond v. Barnhart (2002) nhd · cites it 3× “Raymond argues that no deference is due and that the POMS sections are contrary to the savings statute, 42 U.S.C.A. § 420 , and the social security regulation for determining disability insured status, 20 C.”
Vitti v. Allstate Insurance (1998) conn “Payment of benefits pursuant to the disability insurance provisions of the Social Security Act are governed specifically by 42 U.S.C. § 420 et seq. We note that the leading treatise regarding Connecticut’s uninsured motorist law, in describing the scope of the term “disability…”
Jernigan v. Chater (1997) mdd · cites it 3× “2 The parties agree that application of this section without reference to 42 U.S.C. § 420 — the disability savings clause (“savings clause”) — results in a PIA unfavorable to Jernigan.”
State of NY v. Shalala (1997) nysd “Statutory and Regulatory Framework The disallowed administrative costs at issue in this action involve twelve federal public assistance programs that provide a variety of services to low income people.”
Shiner v. Sullivan (1991) vtd “42 U.S.C. § 420 . “Period of disability” is specifically defined in 42 U.”
Raymond v. SSA (2002) nhd · cites it 2× “The savings statute, 42 U.S.C.A. § 420 , provides as follows: None of the provisions of this subchapter relating to periods of disability shall apply in any case in which their application would result in the denial of monthly benefits or a lump-sum death payment which would…”
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