DI 10105.040 Effect of Retirement Insurance Benefit (RIB) Entitlement on Establishment of Freeze
A. Policy-effective date 9/65
An individual's entitlement to any other benefit will not preclude establishing a period of disability beginning at a later date. A freeze cannot begin after attainment of full retirement age (FRA) although an application may be filed after FRA (See GN 00204.000 and DI 10105.080).
B. Policy-effective date prior to 9/65
A period of disability could not begin in any month after the first month for which an individual was entitled to a retirement-age benefit before FRA (i.e., a reduced RIB, reduced wife's, reduced husband's, widow's, widower's, or parent's benefit).
A freeze could be established based on an application filed after entitlement to one of the above benefits if the freeze began in or before the first month of entitlement to the other benefit. Where an individual in freeze status filed for a retirement-age benefit which was effective for a month before the freeze began, the freeze and any resultant Disability Insurance Benefit (DIB) award became erroneous. It was possible for the individual to restrict the retroactivity of the retirement benefit to the first month in which the freeze began. Such restriction was done by inserting a statement to that effect on the application.