Are you or someone you know disabled or has experienced a period of disability?
If so, it is important to understand the special computation rules outlined in § 404.250 of the Social Security Act. These rules apply when calculating your primary insurance amount for old-age insurance benefits or disability insurance benefits, or in cases of death.
If you have received disability insurance benefits in the past, but those benefits were terminated because you either recovered from your disability or engaged in substantial gainful activity, you may be entitled to these special computation rules. The rules apply if you become eligible after 1978 for old-age insurance benefits or if you become re-entitled to disability insurance benefits or die.
The rules outlined in § 404.250 are referred to as second entitlement, which applies to individuals who have had a period of disability and have received disability insurance benefits. There are two sets of rules that apply, depending on when the second entitlement occurs.
The first set of rules applies if the second entitlement occurs within 12 months after the last month for which you received a disability insurance benefit. In this case, you should refer to the rules in § 404.251.
On the other hand, the second set of rules applies if more than 12 months pass between the last month for which you received a disability insurance benefit and your second entitlement. In this case, you should refer to the rules in § 404.252.
It is important to note that understanding these rules can be complex and may require professional assistance. If you have questions or concerns regarding your eligibility and entitlement to disability insurance benefits, it is best to consult with a qualified Social Security attorney or representative.
In conclusion, the special computation rules outlined in § 404.250 provide important benefits for individuals who have experienced a period of disability and have received disability insurance benefits. By familiarizing yourself with these rules, you can better understand your eligibility for insurance benefits and ensure that you receive the benefits you are entitled to.
At Hugo Fierro & Michael Perez, our team of experts is dedicated to providing comprehensive guidance and support for your Social Security Disability claim. We are committed to ensuring that you have a thorough understanding of the process, requirements, and benefits associated with this essential government program.