If you’ve experienced a period of disability and have received disability insurance benefits, special computation rules apply to your primary insurance amount when you become eligible for old-age insurance benefits or disability insurance benefits after 1978 or if you become re-entitled to disability insurance benefits or die. If the second entitlement occurs more than 12 months after the last month for which you received a disability insurance benefit, you should refer to the rules in § 404.252.
Under § 404.252, your second-entitlement primary insurance amount is calculated by selecting the higher amount of the following:
- New primary insurance amount: The primary insurance amount computed as of the time of your second entitlement under any of the computation methods for which you qualify at the time of your second entitlement.
- Previous primary insurance amount: The primary insurance amount to which you were entitled in the last month for which you were entitled to a disability insurance benefit.
It’s important to note that calculating second-entitlement primary insurance amounts can be complex and may require professional assistance. By understanding the rules outlined in § 404.252, you can ensure that you receive the benefits you are entitled to.
If you have any questions or concerns regarding your eligibility and entitlement to disability insurance benefits, it’s best to consult with a qualified Social Security attorney or representative. These professionals can assist you in understanding the rules and regulations and ensure that you receive the maximum benefit amount available to you.
In conclusion, § 404.252 outlines the computation rules for individuals who have had a period of disability and have received disability insurance benefits. Understanding these rules can be complex, but by seeking professional assistance and carefully reviewing the rules, you can ensure that you receive the benefits you are entitled to.
https://www.ssa.gov/OP_Home/cfr20/404/404-0252.htm
At Hugo Fierro & Michael Perez, our team of experienced professionals is dedicated to providing comprehensive assistance in navigating the complexities of Social Security Disability claims. Our goal is to ensure that you have a thorough understanding of the process and the necessary steps to achieve a favorable outcome for your case.