Social Security Disability Insurance Benefits

What this document is

Social Security Disability Insurance Benefits - 42 U.S.C. § 423 is a state statute published by U.S. Government (Office of the Law Revision Counsel). It is one of the documents that insurance license exam questions are written from, including life & health practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• 42 U.S.C. § 423(d)(1), (d)(2)(A) (Definition of disability; severity standard)

  “(1) The term "disability" means - (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12...”

• 42 U.S.C. § 423: Subsection (a)(1) (Entitlement after waiting period)

  “Every individual who - (A) is insured for disability insurance benefits (as determined under subsection (c)(1)), (B) has not attained retirement age (as defined in section 416(l) of this title), (C) if not a United States citizen or national - (i) has been assigned a social security account number...”

• 42 U.S.C. § 423: Subsection (c)(1) (Insured Status)

  “(1) An individual shall be insured for disability insurance benefits in any month if - (A) he would have been a fully insured individual (as defined in section 414 of this title) had he attained age 62 and filed application for benefits under section 402(a) of this title on the first day of such...”

• 42 U.S.C. § 423: Subsection (i)(4)(C) (Reinstated Entitlement and Substantial Gainful Activity)

  “No benefit shall be payable pursuant to an entitlement reinstated under this subsection to an individual for any month in which the individual engages in substantial gainful activity.”

• 42 U.S.C. § 423(a)(1) (Disability insurance benefits; conditions of entitlement)

  “(1) Every individual who - (A) is insured for disability insurance benefits (as determined under subsection (c)(1)), (B) has not attained retirement age (as defined in section 416(l) of this title), (C) if not a United States citizen or national - (i) has been assigned a social security account...”

• 42 U.S.C. § 423(d)(1)(A) (Definition of disability)

  “(1) The term "disability" means - (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or”

• 42 U.S.C. § 423: Subsection (f) (Standard of review for termination of disability benefits)

  “A recipient of benefits under this subchapter or subchapter XVIII based on the disability of any individual may be determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not...”

• 42 U.S.C. § 423: Subsection (a) (Disability insurance benefits)

  “For purposes of the preceding sentence, the termination month for any individual shall be the third month following the month in which his disability ceases; except that, in the case of an individual who has a period of trial work which ends as determined by application of section 422(c)(4)(A) of...”

• 42 U.S.C. § 423(d)(2)(A) (severity; work in the national economy)

  “An individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial...”

• 42 U.S.C. § 423(c)(2) (waiting period defined)

  “The term "waiting period" means, in the case of any application for disability insurance benefits, the earliest period of five consecutive calendar months - (A) throughout which the individual with respect to whom such application is filed has been under a disability, and (B)(i) which begins not...”

Practice this material

Questions about this source

More Federal sources sources

• Coverage for Pre-existing Conditions (Affordable Care Act) - HealthCare.govFederal guidance
• 20 C.F.R. § 404.1520 -- Evaluation of Disability in General (the five-step sequential evaluation process)Regulation
• Parts of Medicare (Medicare & You / medicare.gov)Federal guidance
• Continuation of Health Coverage (COBRA) - U.S. Department of LaborReference
• Portability of Health Coverage (HIPAA) - U.S. Department of LaborReference
• Fair Credit Reporting Act - 15 U.S.C. § 1681a (Definitions)State statute
• 15 U.S.C. s. 1681b: FCRA permissible purposes of consumer reportsState statute
• 15 U.S.C. s. 1681c: FCRA requirements relating to obsolete information in consumer reportsState statute