# 20 C.F.R. § 404.315 (2026): Who is entitled to disability benefits?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_315

## Section

- **Citation:** 20 C.F.R. § 404.315 (2026)
- **Heading:** Who is entitled to disability benefits?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 20 CFR: Employees' Benefits / Chapter III: SOCIAL SECURITY ADMINISTRATION / Part 404: FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950-  ) / Subpart D: Old-Age, Disability, Dependents' and Survivors' Insurance Benefits › Period of Disability / § 404.315: § 404.315   Who is entitled to disability benefits?

## Text

(a)
General.
You are entitled to disability benefits while disabled before attaining full retirement age as defined in § 404.409 if—
(1) You have enough social security earnings to be
insured for disability,
as described in § 404.130;
(2) You apply;
(3) You have a disability, as defined in § 404.1505, or you are not disabled, but you had a disability that ended within the 12-month period before the month you applied; and
(4) You have been disabled for 5 full consecutive months or no waiting period is required. The 5-month waiting period begins with a month in which you were both insured for disability and disabled. Your waiting period can begin no earlier than the 17th month before the month you apply—no matter how long you were disabled before then. No waiting period is required if:
(i) You were previously entitled to disability benefits or to a period of disability under § 404.320 any time within 5 years of the month you again became disabled; or
(ii) You have been medically determined to have amyotrophic lateral sclerosis, and we approved your application for disability insurance benefits on or after July 23, 2020.
(b) [Reserved]
[44 FR 34481, June 15, 1979, as amended at 48 FR 21930, May 16, 1983; 51 FR 10616, Mar. 28, 1986; 51 FR 16166, May 1, 1986; 53 FR 43681, Oct. 28, 1988; 57 FR 30119, July 8, 1992; 60 FR 8145, Feb. 10, 1995; 68 FR 4704, Jan. 30, 2003; 86 FR 48021, Aug. 27, 2021; 91 FR 16829, Apr. 3, 2026]

## Nearby sections

- [20 C.F.R. § 404.301 (2026) § 404.301   Introduction.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_301.md)
- [20 C.F.R. § 404.302 (2026) § 404.302   Other regulations related to this subpart.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_302.md)
- [20 C.F.R. § 404.303 (2026) § 404.303   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_303.md)
- [20 C.F.R. § 404.304 (2026) § 404.304   What are the general rules on benefit amounts?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_304.md)
- [20 C.F.R. § 404.305 (2026) § 404.305   When you may not be entitled to benefits.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_305.md)
- [20 C.F.R. § 404.310 (2026) § 404.310   When am I entitled to old-age benefits?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_310.md)
- [20 C.F.R. § 404.311 (2026) § 404.311   When does my entitlement to old-age benefits begin and end?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_311.md)
- [20 C.F.R. § 404.312 (2026) § 404.312   How is my old-age benefit amount calculated?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_312.md)
- [20 C.F.R. § 404.313 (2026) § 404.313   What are delayed retirement credits and how do they increase my old-age benefit amount?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_313.md)
- [20 C.F.R. § 404.315 (2026) § 404.315   Who is entitled to disability benefits?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_315.md)
- [20 C.F.R. § 404.316 (2026) § 404.316   When entitlement to disability benefits begins and ends.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_316.md)
- [20 C.F.R. § 404.317 (2026) § 404.317   How is the amount of my disability benefit calculated?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_317.md)
- [20 C.F.R. § 404.320 (2026) § 404.320   Who is entitled to a period of disability.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_320.md)
- [20 C.F.R. § 404.321 (2026) § 404.321   When a period of disability begins and ends.](https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_321.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P404_S404_315. Check the current official text before relying on it. Not legal advice.