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42 U.S.C. § 424 — Repealed. Pub. L. 85–840, title II, § 206, Aug. 28, 1958, 72 Stat. 1025

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 424 — Repealed. Pub. L. 85–840, title II, § 206, Aug. 28, 1958, 72 Stat. 1025

### Statutory Notes Section, act Aug. 14, 1935, ch. 531, title II, § 224, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 816; amended July 17, 1957, Pub. L. 85–109, § 2(a), 71 Stat. 308, related to reduction of benefits based on disability. #### Effective Date of Repeal Repeal applicable with respect to monthly benefits under this subchapter for August 1958 and succeeding months, see section 207(a) of Pub. L. 85–840, set out as an Effective Date of 1958 Amendment note under [section 416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-42/section-424-repealed-pub-l-85840-title-ii-206-aug-28-1958-72-stat-1025--e9f3be7c70.md
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Source location: Title 42, Chapter 7, § 424; chapter-007-social-security.md

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### Statutory Notes Section, act Aug. 14, 1935, ch. 531, title II, § 224, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 816; amended July 17, 1957, Pub. L. 85–109, § 2(a), 71 Stat. 308, related to reduction of benefits based on disability. #### Effective Date of Repeal Repeal applicable with respect to monthly benefits under this subchapter for August 1958 and succeeding months, see section 207(a) of Pub. L. 85–840, set out as an Effective Date of 1958 Amendment note under [section 416 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 416 — Additional definitions

For the purposes of this subchapter— **(a) Spouse; surviving spouse** (1) The term “spouse” means a wife as defined in subsection (b) or a husband as defined in subsection (f). (2) The term “surviving spouse” means a widow as defined in subsection (c) or a widower as defined in subsection (g). **(b) Wife** The term “wife” means the wife of an individual, but only if she (1) is the mother of his son or daughter, (2) was married to him for a period of not less than one year immediately preceding the day on which her application is filed, or (3) in the month prior to the month of her marriage to him (A) was entitled to, or on application therefor and attainment of age 62 in such prior month would have been entitled to, benefits under subsection (b), (e), or (h) of [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402&num=0&edition=prelim), (B) had attained age eighteen and was entitled to, or on application therefor would have been entitled to, benefits under subsection (d) of such section (subject, however, to [section 402(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section402/s&num=0&edition=prelim)), or (C) was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow’s, child’s (after attainment of age 18), or parent’s insurance annuity under [section 231a of title 45](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section231a&num=0&edition=prelim). For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of subparagraph (

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 403 — Reduction of insurance benefits

**(a) Maximum benefits** (1) In the case of an individual whose primary insurance amount has been computed or recomputed under section 415(a)(1) or (4) of this title, or [section 415(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/d&num=0&edition=prelim), as in effect after December 1978, the total monthly benefits to which beneficiaries may be entitled under section 402 or 423 of this title for a month on the basis of the wages and self-employment income of such individual shall, except as provided by paragraphs (3) and (6) (but prior to any increases resulting from the application of paragraph (2)(A)(ii)(III) of [section 415(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), be reduced as necessary so as not to exceed— (A) 150 percent of such individual’s primary insurance amount to the extent that it does not exceed the amount established with respect to this subparagraph by paragraph (2), (B) 272 percent of such individual’s primary insurance amount to the extent that it exceeds the amount established with respect to subparagraph (A) but does not exceed the amount established with respect to this subparagraph by paragraph (2), (C) 134 percent of such individual’s primary insurance amount to the extent that it exceeds the amount established with respect to subparagraph (B) but does not exceed the amount established with respect to this subparagraph by paragraph (2), and (D) 175 percent of such individual’s primary insurance amount to the extent that it exceeds the amount established with respect to subparagraph (C). Any such amount that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10. (2) (A) F

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 415 — Computation of primary insurance amount

For the purposes of this subchapter— **(a) Primary insurance amount** (1) (A) The primary insurance amount of an individual shall (except as otherwise provided in this section) be equal to the sum of— (i) 90 percent of the individual’s average indexed monthly earnings (determined under subsection (b)) to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B), (ii) 32 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B), and (iii) 15 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10, and thereafter increased as provided in subsection (i). (B) (i) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 1979, the amount established for purposes of clause (i) and (ii) of subparagraph (A) shall be $180 and $1,085, respectively. (ii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 1979, each of the amounts so established shall equal the product of the corresponding amount established with respect to the calendar year 1979 under clause (i) of this subparagraph and the quotient obtained by dividing— (I) the national average wage index (as defined in [section 409(k)(1) of this title]

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 424a — Reduction of disability benefits

**(a) Conditions for reduction; computation** If for any month prior to the month in which an individual attains retirement age (as defined in section 416(l)(1) of this title)— (1) such individual is entitled to benefits under [section 423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section423&num=0&edition=prelim), and (2) such individual is entitled for such month to— (A) periodic benefits on account of his or her total or partial disability (whether or not permanent) under a workmen’s compensation law or plan of the United States or a State, or (B) periodic benefits on account of his or her total or partial disability (whether or not permanent) under any other law or plan of the United States, a State, a political subdivision (as that term is used in [section 418(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section418/b/2&num=0&edition=prelim)), or an instrumentality of two or more States (as that term is used in [section 418(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section418/g&num=0&edition=prelim)), other than (i) benefits payable under title 38, (ii) benefits payable under a program of assistance which is based on need, (iii) benefits based on service all or substantially all of which was included under an agreement entered into by a State and the Commissioner of Social Security under [section 418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section418&num=0&edition=prelim), and (iv) benefits under a law or plan of the United States based on service all or substantially all of which is employment as defined in [section 410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:U

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 424 — Repealed. Pub. L. 85–840, title II, § 206, Aug

Page 2086 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 424 payments made beginning with the month in which he makes such election, and ending as under such section 223(g) or 1631(a)(7). Notwithstanding such section 223(g) or 1631(a)(7), such payments (if elected)— ‘‘(1) shall be made at least until an initial redeter- mination is made by the Secretary; and ‘‘(2) shall begin with the payment for the month in which such individual makes such election.’’ RETROACTIVE BENEFITS Pub. L. 98–460, § 2(f), Oct. 9, 1984, 98 Stat. 1799, pro- vided that: ‘‘In the case of any individual who is found to be under a disability after a review required under this section, such individual shall be entitled to retro- active benefits beginning with benefits payable for the first month to which the most recent termination of benefits applied.’’ PROMULGATION OF REGULATIONS Pub. L. 98–460, § 2(g), Oct. 9, 1984, 98 Stat. 1799, pro- vided that: ‘‘The Secretary of Health and Human Serv- ices shall prescribe regulations necessary to implement the amendments made by this section [amending this section and sections 416 and 1382c of this title and en- acting provisions set out as notes under this section] not later than 180 days after the date of the enactment of this Act [Oct. 9, 1984].’’ COMMISSION ON EVALUATION OF PAIN Pub. L. 98–460, § 3(b), Oct. 9, 1984, 98 Stat. 1799, as amended by Pub. L. 117–286, § 4(a)(248), Dec. 27, 2022, 136 Stat. 4333, required the Secretary of Health and Human Services to appoint a Commission on the Evaluation of Pain consisting of at least twelve experts to conduct a study concerning the evaluation of pain in determining whether an individual is under a disability and to sub- mit the results of the study no later than Dec. 31, 1985, after which the Comm

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