DI 10105.015 Retroactivity of Disability Application
A. Policy – retroactive disability freeze
A freeze may begin retroactively with the first day the number holder (NH) was both insured for freeze purposes and under a disability with the following exceptions:
No freeze based on the regular insured status requirements can be established beginning earlier than 10/1/41, since this is the first day of a calendar quarter, after 1936, in which any NH could have acquired 20 quarters of coverage ( QCs).
If the individual qualifies under the special insured status for disability before age 31, a freeze can be established as early as 4/1/38.
A freeze established under the alternate insured status provisions in RS 00301.480 cannot begin earlier than 7/1/52. (See DI 11010.000 for freeze application processing)
In order to establish entitlement to a disability freeze (period of disability) which has ended, the application must be filed no later than the earlier of:
12 months following the month the individual attains full retirement age (FRA); or
12 months after disability termination as explained in DI 10105.010 (For extension of the period of filing in certain limited situations, see DI 25510.010D.)
B. Policy – Disability Insurance Benefits (DIB) retroactivity
An application for DIB may establish entitlement for any month in which the NH meets all of the eligibility requirements in DI 10105.005 up to 12 months before the month the application is filed.
If a fully insured person who is less than 12 months past attainment of full retirement age (FRA) files for monthly benefits and alleges that he/she has been disabled within the past 12 months, possible entitlement to a DIB should be considered. A period of disability cannot be established if such period would have ended more than 12 months before the application was filed.
NOTE: Prior to 7/65, a NH had to be under a disability which continued until the date the application was filed. Any DIB or increase in benefits based on a period of disability which terminated before the application was filed were first payable to 9/65. (See GN 00204.005 for the provisions concerning an application filed after death of NH). (See DI 11010.000 for DIB application processing.)