SSR 69-30: SUBSECTION 223(c)(1)(B) -- DISABILITY INSURED STATUS -- SPECIAL AGE 21 TO 31 PROVISION -- APPLICATION REQUIREMENTS

SSR 69-30

Public Law 90-248 (Social Security Amendments of 1967) broadened

subsection 223(c)(1)(B) of the Social Security Act, effective with

benefits beginning February 1968. The amended subsection provides that an

individual who filed an application in or after January 1968, is insured

for disability insurance benefits in any month if,

Prior to enactment of P.I., 90-248, the alternative insured status

provided by subpart (ii) above, applied only to workers disabled by

blindness. The amendments extended the alterative insured status to

include all workers disabled before attainment of age 31.

A question has been raised as to the applicability of the alterative

insured status provision where a younger disable worker meets both the

regular 20 out of 40 quarters of coverage insured status provision and the

special insured status provision at an earlier date. In the case of a

younger disabled worker who filed an application for benefits in January

1968, and then 20/40 quarter provision for benefits prior to February 1968

or late, a question was raised whether his benefits could be computed

based on the 10/40 quarters provision for benefits prior to February 1968,

and then recomputed based on the special provision for benefits payable

for February 1968 or if it necessary that he file a new application.

The legislative history indicates that younger worker who becomes

disabled before age 31 may qualify for disability benefits if he worked in

one-half the calendar quarters between the time he attained age 21 and up

to and including the quarter he becomes disabled, with a minimum of 6

quarters of coverage; or (if the number of quarters in such period is less

than 12) not less than 6 of the quarters in the 12-quarter period ending

with the quarter in which he was under a disability

ualify for disability benefits if he worked in

one-half the calendar quarters between the time he attained age 21 and up

to and including the quarter he becomes disabled, with a minimum of 6

quarters of coverage; or (if the number of quarters in such period is less

than 12) not less than 6 of the quarters in the 12-quarter period ending

with the quarter in which he was under a disability. The provision is an

alternative to the regular requirement that a disable worker must have

acquired 20 quarters of coverage in the 40-quarter period ending with the

quarter in which he was under a disability.

The history of the 1967 amendments also indicates the special insured

status provision is not restricted to those younger disabled workers who

may have filed application after the effective date of the amendments.

This interpretation appears in keeping with the liberalizing effect of the

amendments. See House Report No. 544, pp,. 7, 26, and 27; and Senate

Report No. 744, pp. 15, 45, and 46, 90th Cong., 1st Sess.

Accordingly, it is held that a younger disabled worker who is entitled to

and receiving benefits for months before February 1968 under the regular

20/40 quarters insured status provision and who meets the special age 21

to 31 insured status provision may be entitled to benefits beginning

February 1968 and later under the 1967 amendments,upon filing a new

application in or after January 1968. A younger disabled worker not

previously entitled to benefits who files in or after January 1968 may be

entitled to benefits payable retroactively for not more than 12 months.

The benefit amount for months before February 1968 is computed under the

law in effect before the 1967 amendments and it is computed for months

beginning February 1968 and later under the 1967 amendments.