42 U.S.C. 423: Disability insurance benefit payments

2020

• Pub. L. 116–250 substituted "(ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosis, for each month beginning with the first month during all of which the individual is under a disability and in which the individual becomes entitled… (ALS Disability Insurance Access Act of 2019) Law text · (a)

2015

• Pub. L. 114–74, §825(a), added subpar. (C). (Bipartisan Budget Act of 2015) Law text · (d)
• Pub. L. 114–74, §812(a), added subpar. (C). (Bipartisan Budget Act of 2015) Law text · (d)

2004

• Pub. L. 108–203 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. (Social Security Protection Act of 2004) Law text · (a)

1999

• Pub. L. 106–170 added subsec. (i) and redesignated former subsec. (i) as (j). (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (i), (j)

1996

• Pub. L. 104–121, §105(a)(1), added subpar. (C). (Contract with America Advancement Act of 1996) Law text · (d)
• Pub. L. 104–121, §102(b)(2), substituted "an amount equal to the exempt amount which would be applicable under section 403(f)(8) of this title, to individuals described in subparagraph (D) thereof, if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enac… (Contract with America Advancement Act of 1996) Law text · (d)

1994

• Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing. · (b), (d)
• Pub. L. 103–296, §201(a)(4)(A), designated existing provisions as subpar. (A) and added subpar. (B). · (d)
• Pub. L. 103–296, §107(a)(4), in par. (4) as amended by Pub. L. 103–296, §201(a)(4)(A), substituted "Commissioner of Social Security" for "Secretary" wherever appearing. · (d)
• Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing. · (d)
• Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" in two places in closing provisions. · (f)
• Pub. L. 103–296, §321(f)(1)(A), struck out "(in a case to which clause (ii)(II) does not apply)" after "new medical evidence and" in introductory provisions. · (f)
• Pub. L. 103–296, §321(f)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: "the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or". · (f)
• Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing, "the Commissioner's" for "his" in subsec. (h)(1), and "Commissioner's" for "Secretary's" in subsec. (h)(2). · (g), (h)
• Pub. L. 103–296, §321(a)(19), inserted heading. · (i)

1990

• Pub. L. 101–508, §5103(a)(1), struck out "(except a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 402(e) or (f) of this title)" after "An individual". · (d)
• Pub. L. 101–508, §5103(a)(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "A widow, surviving divorced wife, widower, or surviving divorced husband shall not be determined to be under a disability (for purposes of section 402… · (d), (C)
• Pub. L. 101–508, §5118(a), designated existing provision as par. (1) and added par. (2). · (e)
• Pub. L. 101–508, §5103(b)(5), struck out "(or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband)," after "gainful activity" in two places in first sentence following par. (4). · (f)
• Pub. L. 101–508, §5103(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: · (f)
• Pub. L. 101–508, §5103(b)(3), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: · (f)
• Pub. L. 101–508, §5103(b)(4), substituted "therefore the individual is able to engage in substantial gainful activity; or" for "therefore—" and subpars. (A) and (B) which read as follows: · (f)
• Pub. L. 101–508, §5102(1), inserted "or" before "(ii)" and substituted "pending" for "pending, or (iii) June 1991" before period at end. · (g)
• Pub. L. 101–508, §5102(2), struck out par. (3) which read as follows: "The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made— · (g)

1989

• Pub. L. 101–239, §10305(c), inserted after first sentence of concluding provisions "In making for purposes of the preceding sentence any determination relating to fraudulent behavior by any individual or failure by any individual without good cause to cooperate or to take any required … · (f)
• Pub. L. 101–239, §10101(1), substituted "1991" for "1990". · (g)
• Pub. L. 101–239, §10305(d), inserted at end "In making for purposes of this subparagraph any determination of whether any individual's appeal is made in good faith, the Secretary shall specifically take into account any physical, mental, educational, or linguistic limitation such… · (g)
• Pub. L. 101–239, §10101(2), substituted "1991" for "1990". · (g)

1988

• Pub. L. 100–647, §8006(1), substituted "June 1990" for "June 1989". · (g)
• Pub. L. 100–647, §8006(2), substituted "January 1, 1990" for "January 1, 1989". · (g)
• Pub. L. 100–647, §8001(a), added subsec. (h) and redesignated former subsec. (h) as (i). · (h), (i)

1987

• Pub. L. 100–203, §9010(a), substituted "36 months" for "15 months". · (a)
• Pub. L. 100–203, §9010(e)(2), substituted "36-month period" for "15-month period". · (e)
• Pub. L. 100–203, §9009(1), substituted "June 1989" for "June 1988" in cl. (iii) at end. · (g)
• Pub. L. 100–203, §9009(2), substituted "January 1, 1989" for "January 1, 1988". · (g)

1986

• Pub. L. 99–272 inserted "(d)(6)(A)(ii), (d)(6)(B)," after "(d)(1)(B)(ii)". · (e)
• Pub. L. 99–514 struck out second comma after "payment of such benefits" in provisions following subpar. (C). · (g)

1984

• Pub. L. 98–369, §2662(c)(2), made a clarifying amendment to Pub. L. 98–21, §201(c)(3). See 1983 Amendment note below. · (a)
• Pub. L. 98–369, §2661(m), realigned margins of subpar. (B). · (c)
• Pub. L. 98–369, §2663(a)(16), substituted "An individual" for "an individual". · (d)
• Pub. L. 98–460, §4(a)(1), added subpar. (C). · (d)
• Pub. L. 98–460, §9(b)(1), designated existing provisions as subpar. (A) and added subpar. (B). · (d)
• Pub. L. 98–460, §3(a)(1), inserted provisions requiring, in making determinations as to whether an individual is under a disability, that subjective statements as to pain or other symptoms alleged to be disabling be supplemented by, and considered together with, objective medical evidence of those … · (d)
• Pub. L. 98–460, §2(a), amended subsec. (f) generally, substituting provisions relating to the standard of review for termination of disability benefits for provisions relating to suspension of benefits for inmates of penal institutions. · (f)
• Pub. L. 98–460, §7(a)(1), in provisions following subpar. (C) substituted reference to benefits under this subchapter for reference to benefits under this chapter, inserted references to the payment of mother's or father's insurance benefits to such individual's mother or father bas… · (g)
• Pub. L. 98–460, §7(a)(2), substituted "January 1, 1988" for "December 7, 1983". · (g)
• Pub. L. 98–369, §2662(i), amended Pub. L. 98–21, §339(b), resulting in addition of subsec. (h) of this section. See 1983 Amendment note below. · (h)

1983

• Pub. L. 98–21, §201(c)(1)(E), substituted "retirement age (as defined in section 416(l) of this title)" for "age 65". · (a)
• Pub. L. 98–21, §201(c)(3), as amended by Pub. L. 98–369, §2662(c)(2), substituted "retirement age (as defined in section 416(l) of this title)" for "the age of sixty-five". · (a)
• Pub. L. 98–21, §332(b), added cl. (iii). · (c)
• Pub. L. 98–21, §309(o), substituted "widower, or surviving divorced husband" for "or widower" wherever appearing. · (d)
• Pub. L. 98–21, §339(b), before amendment by Pub. L. 98–369, §2662(i), struck out subsec. (f) relating to suspension of benefits for inmates of penal institutions. See note below for subsec. (h). · (f)
• Pub. L. 97–455 added subsec. (g). · (g)
• Pub. L. 98–118 substituted "December 7, 1983" for "October 1, 1983". · (g)
• Pub. L. 98–21, §339(b), as amended by Pub. L. 98–369, §2662(i), added subsec. (h). · (h)

1981

• Pub. L. 97–123 added par. (3). · (f)

1980

• Pub. L. 96–265, §303(b)(1)(A), inserted reference to subsec. (e) of this section and provisions relating to an individual's termination month. · (a)
• Pub. L. 96–265, §102(b), substituted "Except as provided in section 402(q) and section 415(b)(2)(A)(ii) of this title" for "Except as provided in section 402(q) of this title". · (a)
• Pub. L. 96–265, §306(c), inserted provisions relating to limitations on the prospective effect of applications. · (b)
• Pub. L. 96–265, §302(a)(1), inserted provisions relating to extraordinary work expenses due to severe disability. · (d)
• Pub. L. 96–265, §309(a), inserted provisions relating to payment for existing medical evidence. · (d)
• Pub. L. 96–473, §5(a)(1), added par. (6). · (d)
• Pub. L. 96–265, §303(b)(2)(A), added subsec. (e). · (e)
• Pub. L. 96–473, §5(c), added subsec. (f). · (f)

1977

• Pub. L. 95–216 inserted provisions relating to activities of blind individuals. · (d)

1972

• Pub. L. 92–603, §118(a)(1), inserted provision for filing of an application for disability insurance benefits after death of insured individual. · (a)
• Pub. L. 92–603, §§104(c), 118(a)(2). struck out "(if a woman) or age 65 (if a man)" after "attained age 62" and substituted "an individual" for "a woman", "in which he attained age 62" for "in which she attained age 62", and "the application for disability insurance benefits was fil… · (a)
• Pub. L. 92–603, §118(a)(3), substituted "if such application is filed" for "if he files such application". · (b)
• Pub. L. 92–603, §§104(d), 117(b), struck out "(if a woman) or age 65 (if a man)" after "attained age 62" in subpar. (A) and in provisions following subpar. (B) inserted provisions eliminating the disability insured status requirement of substantial recent covered work in the case of… · (c)
• Pub. L. 92–603, §§116(a), 118(a)(4), substituted "five consecutive calendar months" for "six consecutive calendar months" in provisions preceding subpar. (A), substituted "with respect to whom such application is filed" for "who files such application" in subpar. (A), and substitute… · (c)

1968

• Pub. L. 90–248, §158(c)(6)–(8), substituted in subpar. (D) reference to "subsection (d)" for "subsection (c)(2)", in text of first sentence following subpar. (D) reference to "subsection (c)(2)" for "subsection (c)(3)", and in last sentence following subpar. (D) reference to "subsec… · (a)
• Pub. L. 90–248, §158(a), restricted heading to definitions of "insured status" and "waiting period", struck out former par. (2) defining "disability" and requiring medical and other evidence of disability, now incorporated in subsec. (d)(1)(A), (5) of this section, and redesignated for… · (c)
• Pub. L. 90–248, §105(b), substituted in cl. (ii) "before the quarter in which he attains" for "before he attains" and struck out "and he is under a disability by reason of blindness (as defined in section 416(i)(1) of this title)" after "age 31". · (c)
• Pub. L. 90–248, §158(b), redesignated former first sentence of former subsec. (c)(2), comprising subpars. (A) and (B), as par. (1)(A), (B), added pars. (2) to (4), and redesignated former second sentence of former subsec. (c)(2) as par. (5). · (d)

1965

• Pub. L. 89–97, §§303(b)(3), 344(c), struck out from subpar. (D) "at the time such application is filed," after parenthetical provision and from provisions following subpar. (D) "the first month for which he is entitled to old-age insurance benefits" after "age 65,"; and prohibit pay… · (a)
• Pub. L. 89–97, §§302(e), 304(m), inserted in first sentence "and was entitled to an old-age insurance benefit for each month for which (pursuant to subsection (b)) he was entitled to a disability insurance benefit" and "Except as provided in section 402(q) of this title" and in last… · (a)
• Pub. L. 89–97, §304(n), repealed par. (3) which prohibited an individual from becoming entitled to disability insurance benefits if he is entitled to a widow's, widower's, or parent's insurance benefit, or an old-age, wife's or husband's insurance benefit. · (a)
• Pub. L. 89–97, §§303(c), 328(c), struck out from last sentence "after June 1957" after "for any months" and substituted "before" for "prior to" where first appearing and "if he files such application before the end of the 12th month immediately succeeding such month" for "if he is cont… · (b)
• Pub. L. 89–97, §344(b), removed from existing subpar. (B) provision prohibiting the inclusion, as part of such 40-quarter period, of any quarter any part of which was included in a prior period of disability unless such quarter was a quarter of coverage, and designated such subpar.,… · (c)
• Pub. L. 89–97, §303(a)(2), designated existing provisions as subpar. (A) and substituted "which has lasted or can be expected to last for a continuous period of not less than 12 months; or" for "to be of long-continued and indefinite duration". · (c)
• Pub. L. 89–97, §344(d), added subpar. (B). · (c)
• Pub. L. 89–97, §303(b)(4), struck out "which continues until such application is filed" after "disability". · (c)

1961

• Pub. L. 87–64, §102(b)(2)(C), substituted "the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits" for "the month in which he attains the age of sixty-five". · (a)
• Pub. L. 87–64, §102(c)(2)(C), (3)(D), substituted "as though he had attained age 62 (if a woman) or age 65 (if a man)" for "as though he had attained retirement age", and "fully insured and had attained age 62" for "fully insured and had attained retirement age", in two places. · (a)
• Pub. L. 87–64, §102(b)(2)(B), added par. (3). · (a)
• Pub. L. 87–64, §102(c)(3)(E), substituted "attained age 62 (if a woman) or age 65 (if a man)" for "attained retirement age". · (c)

1960

• Pub. L. 86–778, §§401(a), 402(a), 403(b), struck out provisions from cl. (B) which required an individual to have attained the age of 50, inserted provisions authorizing payment of benefits to an individual for each month beginning with the first month during all of which he is unde… · (a)
• Pub. L. 86–778, §303(f), amended generally subsec. (a)(2), as amended by section 402(b) of Pub. L. 86–778 which read as follows: "Such individual's disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 o… · (a)
• Pub. L. 86–778, §402(b), amended subsec. (a)(2) generally. Prior to amendment, subsec. (a)(2) read as follows: "Such individual's disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he became e… · (a)
• Pub. L. 86–778, §402(c), (d), prohibited acceptance of an application, in any case in which cl. (ii) of par. (1) of subsec. (a) of this section is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to benefits, inserted provi… · (b)
• Pub. L. 86–778, §401(b), struck out provisions which prohibited a waiting period for any individual from beginning before the first day of the sixth month before the month in which he attains the age of 50. · (c)

1958

• Pub. L. 85–840, §202(a), provided that individuals who would have been entitled to disability insurance benefits for any month after June 1957 had they filed application therefor prior to the end of such month shall be entitled to disability benefits for such month if they file applica… · (b)
• Pub. L. 85–840, §204(b), substituted "fully insured" for "fully and currently insured" in cl. (A). · (c)
• Pub. L. 85–840, §202(b), inserted "which continues until such application is filed" after "under a disability" in cl. (A), and substituted "eighteenth month" for "sixth month" in three instances in cl. (B). · (c)