Navigating Disability Insured Status: A Comprehensive Guide, § 404.130

Understanding the rules for determining disability insured status is crucial for those seeking Social Security Disability benefits.

https://www.ssa.gov/OP_Home/cfr20/404/404-0130.htm

In this blog post, we will break down the four different rules laid out in § 404.130, helping you to better comprehend the requirements for disability insurance benefits and periods of disability.

Four Rules for Determining Disability Insured Status:

  1. Rule I: The 20/40 Requirement To be insured under this rule, you must be fully insured and have at least 20 quarters of coverage (QCs) within the 40-quarter period ending with the relevant quarter.
  2. Rule II: Disability Before Age 31 If you become disabled before turning 31, you must be fully insured and have QCs in at least half of the quarters during the period ending with the relevant quarter, beginning with the quarter after you turned 21. Specific conditions apply if the number of quarters is an odd number or if the period has less than 12 quarters.
  3. Rule III: Period of Disability Before Age 31 If you become disabled again at age 31 or later after having had a prior period of disability established before age 31, you must be fully insured and have QCs in at least half of the calendar quarters in the specified period. Specific conditions apply, and no monthly benefits may be paid or increased under Rule III before May 1983.
  4. Rule IV: Statutory Blindness If you are disabled by statutory blindness, you must be fully insured to be eligible for disability insurance benefits.

Determining the 40-Quarter or Other Period:

When determining the 40-quarter period or other period in the rules mentioned above, certain quarters within a prior period of disability may be excluded. However, specific conditions apply, and all quarters in the prior period of disability may be counted if doing so would result in entitlement to benefits or a larger benefit amount.

Understanding the various rules for determining disability insured status is essential when seeking Social Security Disability benefits. By familiarizing yourself with these guidelines, you can ensure that you meet the necessary requirements for disability insurance benefits or periods of disability. If you need further assistance, our experienced Social Security Disability advocates are here to help you navigate the process.

At Hugo Fierro & Michael Perez, we offer expert assistance in comprehending the intricacies of your social security disability claim. Our team is equipped with the knowledge and resources necessary to guide you through the process with ease and provide clarity on any uncertainties you may have.

Leave a Comment

Your email address will not be published. Required fields are marked *