Citations:

Regulations No. 4, Sections 404.130-404.133, 404.315-404.325, 404.603, 404.701-404.780, 404.1501-404.1599

BASIC (06-06)

A. Definition

A period of disability is a continuous period of time during which an individual is under a disability as defined by section 216(i) of the Social Security Act (the Act).

B. Requirements

Such period may not be established before the first day that an individual is:

• under a disability, and

• meets the disability insured status earnings requirements of the Act.

A period must be not less than 5 full calendar months duration. For the purpose of this 5-month requirement, a full calendar month includes:

• a month where the beginning date of the freeze period is the first day of the month, and

• a month where the cessation date of the disability is the last day of that month.

The beginning date of an individual's “period of disability” is usually the date of onset of his/her disability. The period may begin on a later date if the individual did not meet the earnings requirement until after becoming disabled.

A disabled individual may file an application for a past “period of disability” even though he/she is full retirement age (FRA), but the period of disability must begin (unless entitled to a Disability Insurance Benefit (DIB) without a waiting period) at least 5 full calendar months before the month FRA is attained and end no later than the last day of the month before the month in which FRA is attained.