If you’ve experienced a period of disability and have received disability insurance benefits, there are special computation rules that 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 within 12 months after the last month for which you received a disability insurance benefit, you should refer to the rules in § 404.251.
The rule in § 404.251 applies in two different situations: disability before 1979 with the second entitlement after 1978, and disability and second entitlement after 1978. If you fall into either category, your second-entitlement primary insurance amount is calculated by selecting the highest amount of the following:
- The primary insurance amount to which you were entitled when you last received a benefit, increased by any automatic cost-of-living or ad hoc increases in primary insurance amounts that took effect since then.
- The primary insurance amount resulting from a recomputation of your primary insurance amount, if one is possible.
- The primary insurance amount computed for you as of the time of your second entitlement under any method for which you are qualified at that time.
If you have a disability before 1986 and your second entitlement occurs after 1985, there is an additional factor to consider. When applying the rule in paragraph (b)(3) of § 404.251, we must take into account your monthly pension based on noncovered employment. However, we will disregard your monthly pension if you were previously entitled to disability benefits before 1986 and in any of the 12 months before your second entitlement.
Calculating second-entitlement primary insurance amounts can be complex, so it’s important to seek professional assistance if you have questions or concerns about your eligibility and entitlement to disability insurance benefits. By understanding the rules outlined in § 404.251, you can ensure that you receive the benefits you are entitled to.
https://www.ssa.gov/OP_Home/cfr20/404/404-0251.htm
At Hugo Fierro & Michael Perez, our team of dedicated professionals is committed to assisting you in comprehending the intricacies of your Social Security Disability claim. We strive to ensure that you are well-informed about the process and equipped with the knowledge required to navigate the complexities of the Social Security system effectively.