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42 U.S.C. § 424 — Repealed. Pub. L. 85–840, title II, § 206, Aug
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 424
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Source file: Laws/federal/codes/united-states-code-2024/title-42/section-424-repealed-pub-l-85840-title-ii-206-aug--aabe191510.md
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Source location: USCODE-2024-title42-chap7-subchapII-sec424.pdf
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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 Commission would terminate.
STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON
EFFECT OF CONTINUED PAYMENT OF DISABILITY BENE-
FITS DURING APPEAL ON TRUST FUND EXPENDITURES
AND THE RATE OF APPEALS
Pub. L. 98–460, § 7(c), Oct. 9, 1984, 98 Stat. 1804, re-
quired the Secretary of Health and Human Services to
conduct a study concerning the effect which the enact-
ment and continued operation of subsec. (g) of this sec-
tion was having on various Trust Funds and the rate of
appeals to administrative law judges of unfavorable de-
terminations relating to disability or periods of dis-
ability and submit the results no later than July 1,
1986.
SPECIAL $50 PAYMENT UNDER TAX REDUCTION ACT OF
1975
Special payment of $50 as soon as practicable after
Mar. 29, 1975, by the Secretary of the Treasury to each
individual who, for the month of March, 1975, was enti-
tled to a monthly insurance benefit payable under this
subchapter, see section 702 of Pub. L. 94–12, set out as
a note under section 402 of this title.
LUMP-SUM PAYMENT
OF DISABILITY INSURANCE BENE-
FITS FOR PERIOD BEGINNING AFTER 1959 AND ENDING
PRIOR TO 1964; FILING OF APPLICATION
Pub. L. 92–603, title I, § 133, Oct. 30, 1972, 86 Stat. 1361,
provided that:
‘‘(a) If an individual would (upon the timely filing of
an application for a disability determination under sec-
tion 216(i) of the Social Security Act [42 U.S.C. 416(i)]
and of an application for disability insurance benefits
under section 223 of such Act [42 U.S.C. 423]) have been
entitled to disability insurance benefits under such sec-
tion 223 for a period which began after 1959 and ended
prior to 1964, such individual shall, upon filing applica-
tion for disability insurance benefits under such sec-
tion 223 with respect to such period not later than 6
months after the date of enactment of this section
[Oct. 30, 1972], be entitled, notwithstanding any other
provision of title II of the Social Security Act [42
U.S.C. 401 et seq.], to receive in a lump sum as dis-
ability insurance benefits payable under section 223, an
amount equal to the total amounts of disability insur-
ance benefits which would have been payable to him for
such period if he had timely filed such an application
for a disability determination and such an application
for disability insurance benefits with respect to such
period; but only if—
‘‘(1) prior to the date of enactment of this section
and after the date of enactment of the Social Secu-
rity Amendments of 1967 [Jan. 2, 1968] such period was
determined (under section 216(i) of the Social Secu-
rity Act [42 U.S.C. 416(i)]) to be a period of disability
as to such individual; and
‘‘(2) the application giving rise to the determina-
tion (under such section 216(i)) that such period is a
period of disability as to such individual would not
have been accepted as an application for such a deter-
mination
except
for
the
provisions
of
section
216(i)(2)(F).
‘‘(b) No payment shall be made to any individual by
reason of the provisions of subsection (a) except upon
the basis of an application filed after the date of enact-
ment of this section.’’
SPECIAL INSURED STATUS TEST IN CERTAIN CASES FOR
DISABILITY PURPOSES
Individuals not insured for disability benefits as de-
termined under subsec. (c)(1) of this section with re-
spect to any month in a quarter deemed to have met
such requirements in certain cases, see section 404 of
Pub. L. 86–778, set out as a note under section 416 of
this title.
§ 424. Repealed. Pub. L. 85–840, title II, § 206, Aug.
28, 1958, 72 Stat. 1025
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.
Statutory Notes and Related Subsidiaries
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 sec-
tion 416 of this title.
§ 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, 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 com-
pensation 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 sub-
division (as that term is used in section
418(b)(2) of this title), or an instrumentality
of two or more States (as that term is used
in section 418(g) of this title), other than (i)
benefits payable under title 38, (ii) benefits
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and
(3) the taxes imposed by
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 401
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1800
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 401
§ 401. Trust Funds
(a) Federal Old-Age and Survivors Insurance
Trust Fund
There is hereby created on the books of the
Treasury of the United States a trust fund to be
known as the ‘‘Federal Old-Age and Survivors
Insurance Trust Fund’’. The Federal Old-Age
and Survivors Insurance Trust Fund shall con-
sist of the securities held by the Secretary of
the Treasury for the Old-Age Reserve Account
and the amount standing to the credit of the
Old-Age Reserve Account on the books of the
Treasury on January 1, 1940, which securities
and amount the Secretary of the Treasury is au-
thorized and directed to transfer to the Federal
Old-Age and Survivors Insurance Trust Fund,
and, in addition, such gifts and bequests as may
be made as provided in subsection (i)(1), and
such amounts as may be appropriated to, or de-
posited in, the Federal Old-Age and Survivors
Insurance Trust Fund as hereinafter provided.
There is hereby appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund for the
fiscal year ending June 30, 1941, and for each fis-
cal year thereafter, out of any moneys in the
Treasury not otherwise appropriated, amounts
equivalent to 100 per centum of—
(1) the taxes (including interest, penalties,
and additions to the taxes) received under sub-
chapter A of chapter 9 of the Internal Revenue
Code of 1939 (and covered into the Treasury)
which are deposited into the Treasury by col-
lectors of internal revenue before January 1,
1951; and
(2) the taxes certified each month by the
Commissioner of Internal Revenue as taxes re-
ceived under subchapter A of chapter 9 of such
Code which are deposited into the Treasury by
collectors of internal revenue after December
31, 1950, and before Ja
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
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 (
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 416
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Federal law — U.S. Code and appendices · legal_authorities
Page 2021
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 416
cial Security Act [42 U.S.C. 402(j)(1)]) entitled to old-
age insurance benefits in 1952 and with respect to whom
not less than six of the quarters elapsing after 1950 and
prior to the quarter following the quarter in which he
died or became entitled to old-age insurance benefits,
whichever first occurred, are quarters of coverage, his
wage closing date shall be the first day of such quarter
of death or entitlement instead of the day specified in
section 215(b)(3) of such Act [42 U.S.C. 415(b)(3)], but
only if it would result in a higher primary insurance
amount for such individual. The terms used in this
paragraph shall have the same meaning as when used in
title II of the Social Security Act [42 U.S.C. 401 et
seq.].’’
COMPUTATION OF INCREASED BENEFITS TO INDIVIDUALS
ENTITLED THERETO FOR AUGUST 1952
Act July 18, 1952, ch. 945, § 6(e), 66 Stat. 777, provided
that: ‘‘In case the benefit of any individual for any
month after August 1952 is computed under section
2(c)(2)(A) of this Act [set out as a note under this sec-
tion] through use of a benefit (after the application of
sections 203 and 215(g) of the Social Security Act [42
U.S.C. 403, 415(g)] as in effect prior to the enactment of
this Act [July 18, 1952]) for August 1952 which could
have been derived from either of two (and not more
than two) primary insurance amounts, and such pri-
mary insurance amounts differ from each other by not
more than $0.10, then the benefit of such individual for
such month of August 1952 shall, for the purposes of the
last sentence of such section 2(c)(2)(A) [set out as a
note under this section], be deemed to have been de-
rived from the larger of such two primary insurance
amounts.’’
COMPUTATION
OF
INCREA
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 416
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disability insurance benefits**
(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 number that was, at the time of assignment, or at any later time, consistent with the requirements of subclause (I) or (III) of [section 405(c)(2)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section405/c/2/B/i&num=0&edition=prelim); or
(ii) at the time any quarters of coverage are earned—
(I) is described in subparagraph (B) or (D) of [section 1101(a)(15) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim),
(II) is lawfully admitted temporarily to the United States for business (in the case of an individual described in such subparagraph (B)) or the performance as a crewman (in the case of an individual described in such subparagraph (D)), and
(III) the business engaged in or service as a crewman performed is within the scope of the terms of such individual’s admission to the United States.11 So in original. The period probably should be a comma.
(D) has filed application for disability insurance benefits, and
(E) is under a disability (as defined in subsection (d))
shall be entitled to a disability insurance benefit (i) for each month beginning with the first month after his waiting period (as defined in subsection (c)(2)) in which he becomes so entitled to such insurance benefits, (ii) in the case of an individual who has been medically determined to have amyotrophic lateral sclerosi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 423
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Federal law — U.S. Code and appendices · legal_authorities
Page 2072
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 423
1 So in original. The period probably should be a comma.
(under the provisions of law involved) before that date,
see section 2664(b) of Pub. L. 98–369, set out as a note
under section 401 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98–21 applicable only with re-
spect to monthly payments payable under this sub-
chapter for months after April, 1983, see section 310 of
Pub. L. 98–21, set out as a note under section 402 of this
title.
EFFECTIVE DATE OF 1981 AMENDMENT
Pub. L. 97–35, title XXII, § 2209(b), Aug. 13, 1981, 95
Stat. 841, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply with re-
spect to services rendered on or after October 1, 1981.’’
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–265 effective on first day of
sixth month which begins after June 9, 1980, and appli-
cable to any individual whose disability has not been
determined to have ceased prior to such first day, see
section 303(d) of Pub. L. 96–265, set out as a note under
section 402 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–603 applicable with respect
to monthly benefits under this subchapter for months
after Dec. 1972, with specified exceptions, see section
107(c) of Pub. L. 92–603, set out as a note under section
402 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by section 104(d)(3), (4) of Pub. L. 90–248
applicable with respect to monthly benefits under this
subchapter for and after the month of February 1968,
but only on the basis of applications for such benefits
filed in or after January 1968, see section 104(e) of Pub.
L. 90–248, set out as a note under section 402 of this
title.
Amendment by se
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 423
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Federal law — U.S. Code and appendices · legal_authorities
### 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 424
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