TN 46 (10-23)

RS 00301.140 Special Insured Status for Disability Before Age 31

A. Introduction

A special disability status provision allows an alternative to the 20/40 requirement in RS 00301.120A and RS 00301.130.

B. Policy - Basic Rules for Special Insured Status

1. Requirements

For freeze applications filed in or after 1/68, and for monthly benefits beginning February 1968 (based on applications filed in 1/68 or later), a NH has disability insured status if they:

  1. a. 

    Are under a disability which began before the quarter in which they attained or would attain age 31; and

  2. b. 

    Are fully insured (see RS 00301.120B.2.); and

  3. c. 

    Have earned QC's in at least one-half of the calendar quarters during the period beginning with the quarter after the quarter in which they attained age 21 and ending with the quarter in which the period of disability began; or

  4. d. 

    If the period contains less than 12 calendar quarters, the NH has earned 6 QC's in the 12-quarter period ending with the quarter in which the period of disability began. (When a period of disability begins in the quarter of attainment of age 24 or earlier, the 6-QC rule will always apply.)

Note: Special insured status beneficiaries who continue to work may subsequently meet DIB insured status (20/40 Test). In these scenarios, beneficiaries may become entitled to the non-freeze computation effective with the quarter in which they meet DIB insured status. For more information about the non-freeze computation, please see RS 00605.225.

IMPORTANT: If the worker is an alien whose SSN was first assigned on or after January 1, 2004, then they must meet additional requirements under Section 211 of the Social Security Protection Act of 2004 (Public Law 108-203), to be insured and to establish entitlement based on their earnings. See RS 00301.102 for a full discussion of these requirements.

2. Born Before 1916

  1. a. 

    A NH age 21 before 1937 must be fully insured and have earned QC's in half of the quarters in the period beginning after 12/31/36 and ending with the quarter in which the period of disability began.

  2. b. 

    The 6-QC minimum requirement also applies in cases where the period contains fewer than 12 calendar quarters. (See RS 00301.149.)

3. QC's Must Be Earned in Correct Period

  1. a. 

    The required quarters must be earned within the period after age 21 or in the 12-quarter period described above, if that period is applicable.

  2. b. 

    If the number of elapsed quarters after age 21 is an odd number, subtract one elapsed quarter from the total elapsed quarters.

C. Policy - Subsequent Period of Disability

  1. 1. 

    If there is a subsequent period of disability and NH is under age 31, see examples 6-9 in RS 00301.140D.

  2. 2. 

    If there is a subsequent period of disability and NH is age 31 or older at the time of the new onset, see RS 00301.147

 

D. Examples

1. Disabled at Age 29

Fred Brown, born 5/13/58, became disabled 1/15/88 at age 29. To determine the number of QC's necessary for insured status, count the quarters in the period which begins with the quarter after the NH attains 21 and ends with the quarter in which they became disabled. Since Fred Brown attained 21 in 5 /79 and became disabled on 1/15/88, the period contains 35 calendar quarters. When the period contains an odd number of quarters, one quarter is subtracted. In this case, the period then has 34 quarters for the purpose of computing the QC requirement. Fred Brown must have earned 17 QC's (1/2 of 34) during the period. The QC's must actually have been earned during this period; i.e., QC's which Fred Brown had earned before 7/1/79 (the quarter after the attainment of age 21) cannot be counted toward insured status.

2. Disabled at Age 22

Sam White, born 8/20/61, became disabled 4/12/84 at age 22. There are seven quarters in the period after attainment of age 21 (8/82) and ending with the quarter of disability. Since this period contains fewer than 12 quarters, Sam White must meet the alternative “6-QC” requirement to be insured. They must have earned 6 QC's in the 12-quarter period ending with the quarter of disability; i.e., 6 QC's in the 9/81 through 6/84 quarters. A total of 6 QC's where some of which were earned before the 9/81 quarter, would not give them insured status. However, they may have insured status at a later date.

3. Disabled Before Age 21

Mary Smith, born 11/15/64 became disabled 8/30/85 at age 20. Because the period of disability occurred before 21, Mary must have 6 QC's in the 12-QTR period ending with the QTR of onset. Mary's earnings record (ER) reflects the following QC pattern:

1982 NNNN      1983 NNNN

1984 CCCC      1985 CCNN

Counting back from the QTR of onset (9/85 quarter) 12 quarters, Mary requires 6 QC's starting with the 12/82 quarter and ending with the 9/85 quarter. Mary has 6 QC's in this 12 quarter period and meets insured status.

4. Required QC's Not in Correct Period

The same facts as Example 3 but with the following QC pattern:

1981 CCCC

1982 CNNN      1983 CNNN

1984 CCCN      1985 NNNN

Mary has 6 QC's, but not within a 12 quarter period ending with the quarter of onset. Mary is not insured.

5. Moveable QC

The same facts as Example 3 but with the following QC pattern:

1982 CCCN      1983 NNNN

1984 CCCC      1985 CNNN

Since a QC earned after 1977 can be assigned to any QTR in the year if insured status would be met (see RS 00301.230B.) the 9/82 QC will be allocated to the last QTR. Therefore, Mary has 6 QC's in the 12-QTR period ending with the QTR of onset (9/85), and meets insured status.

6. Subsequent Period of DIB-NH Under Age 31

Joseph, DOB 9/16/56 became disabled 2/3/81. Their ER shows the following QC pattern:

1978 CCNN      1980   CCCC

1979 CCCN      1981   NNNN

Since Joseph became disabled after age 24, the 1-for-2 rule applies. There are 14 QTRS elapsing after the QTR of age 21 up to and including onset date. Joseph requires and has 7 QC's to be insured for DIB. Their period of disability ceased 10/82 and terminated the last day of 12/82. Joseph became disabled again 2/14/84. Their ER now shows the following QC pattern:

1977 NNNN      1981 CNNN

1978 CCNN      1982 CCNN

1979 CCCN      1983 CCCC

1980 CCCC      1984 CNNN

There are 18 QC's elapsing after age 21 up to and including onset (excluding the prior period of disability (PPD). They require and have 9 QTRs to be insured for DIB as of the new onset date.

7. Less Than 12 QC's After Age 21 - Subsequent Period of DIB

Jane born 3/16/67 became disabled 3/29/88 the quarter of attainment of age 21. Their ER shows the following QC pattern:

1986 CCCN

1987 CCCN

1988 NNNN

Jane requires and has 6 QC's to be insured for DIB. Their period of disability ceased 8/90 and terminated the last day of 10/90. They became disabled again 12/3/90. Their ER remains the same. Since there are less than 12 QC's elapsing after the QTR of age 21 up to the QTR of onset (the entire period being within a period of disability) the qualifying period may be extended prior to age 21 and the QC's earned during that period may be used. Jane has 6 QCs in the 12 -QTR period prior to age 21 and is insured for DIB as of the new onset date.

8. Subsequent Period of DIB, Disabled Before 21

Ralph, born 4/12/67 became disabled 2/16/88, the QTR prior to age 21. Their ER shows the following QC pattern:

1986 CNNN

1987 CCCC

1988 CNNN

Ralph requires and has 6 QC's to be insured for DIB. Their period of disability ceased 10/90 and terminated the last day of 12/90. Ralph became disabled again 3/16/97. Their ER shows the following QC pattern:

1986 CNNN      1992 NNNN

1987 CCCC       1993 CCNN

1988 CNNN      1994 CCCN

1989 NNNN      1995 CCCC

1990 NNNN      1996 CCCN

1991 NNNN      1997 NNNN

There are 25 QCs elapsing after the QTR of attainment of age 21 up to the QTR of onset, excluding the prior period of disability (PPD). 25 being an odd number, it is reduced by one to 24. Ralph requires and has 12 QC's to be insured as of the new onset date.

9. Subsequent Period of DIB, Not Insured for Subsequent Period

Sam, born 2/16/64, became disabled 12/16/85. Their ER shows the following QC pattern:

1983 CCNN

1984 CCCC

1985 NNNN

Sam requires and has 6 QC's to be insured for DIB. Their period of disability ceased 10/89 and terminated the last day of 12/89.

They became disabled again 5/16/93. Their ER shows the following QC pattern:

1983 CCNN      1989 CCCC

1984 CCCC       1990 NNNN

1985 NNNN      1991 NNNN

1986 NNNN      1992 CCCC

1987 NNNN      1993 CCCC

1988 CCCC

There are 17 QC's elapsing after age 21 up to and including onset, excluding PPD. The 12/89 QTR has been included because it is a QC and the ending QTR of the PPD (see RS 00301.240). 17 being an odd number it is reduced to 16. Sam requires 8 QC's but has only 7 QC's and does not meet insured status as of 5/93. They are, however, insured as of the 12/93 quarter.


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RS 00301.140 - Special Insured Status for Disability Before Age 31 - 10/06/2023
Batch run: 10/06/2023
Rev:10/06/2023