this section, any such determination shall be the determination of the Secretary for purposes of this subchapter.

(b) Agreement between Secretary and State.

The Secretary shall enter into an agreement with each State which is willing to make such an agreement under which the State agency or agencies administering the State plan approved under the Vocational Rehabilitation Act, or any other appropriate State agency or agencies, or both, will make the determinations referred to in subsection (a) of this section with respect to all individuals in such State, or with respect to such class or classes of individuals in the State as may be designated in the agreement at the State's request.

(c) Review of determination by Secretary.

The Secretary may on his own motion review a determination, made by a State agency pursuant to an agreement under this section, that an individual is under a disability (as defined in section 416 (i) or 423 (c) of this title) and, as a result of such review, may determine that such individual is not under a disability (as so defined) or that such disability began on a day later than that determined by such agency, or that such disability ceased on a day earlier than that determined by such agency. (d) Hearings and judicial review.

Any individual dissatisfied with any determination under subsection (a), (c), or (g) of this section shall be entitled to a hearing thereon by the Secretary to the same extent as is provided in section 405 (b) of this title with respect to decisions of the Secretary, and to judicial review of the Secretary's final decision after such hearing as is provided in section 405 (g) of this title.

(e) State's right to cost from Trust Funds.

Each State which has an agreement with the Secretary under this section shall be entitled to receive from the Trust Funds, in advance or by way of reimbursement, as may be mutually agreed upon, the cost to the State of carrying out the agreement under this section. The Secretary shall from time to time certify such amount as is necessary for this purpose to the Managing Trustee, reduced or increased, as the case may be, by any sum (for which adjustment hereunder has not previously been made) by which the amount certified for any prior period was greater or less than the amount which should have been paid to the State under this subsection for such period; and the Managing Trustee, prior to audit or settlement by the General Accounting Office, shall make payment from the Trust Funds at the time or times fixed by the Secretary, in accordance with such certification. Appropriate adjustments between the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund with respect to the payments made under this subsection shall be made in accordance with paragraph (1) of subsection (g) of section 401 of this title (but taking into account any refunds under subsection (f) of this section) to insure that the Federal Disability Trust Fund is charged with all expenses incurred which are attributable to the administration of section 423 of this title and the Fed

eral Old-Age and Survivors Insurance Trust Fund is charged with all other expenses.

(f) Use of funds.

All money paid to a State under this section shall be used solely for the purposes for which it is paid; and any money so paid which is not used for such purposes shall be returned to the Treasury of the United States for deposit in the Trust Funds.

(g) Regulations governing determinations in certain

cases.

In the case of individuals in a State which has no agreement under subsection (b) of this section, in the case of individuals outside the United States, and in the case of any class or classes of individuals not included in an agreement under subsection (b) of this section, the determinations referred to in subsection (a) of this section shall be made by the Secretary in accordance with regulations prescribed by him. (Aug. 14, 1935, ch. 531, title II, § 221, as added Sept. 1, 1954, ch. 1206, title I, § 106 (g), 68 Stat. 1081, and amended Aug. 1, 1956, ch. 836, title I, § 103 (c) (7), (8), (h), 70 Stat. 818, 823.)

REFERENCES IN TEXT

The Vocational Rehabilitation Act, referred to in subsection (b), is classified to chapter 4 of Title 29, Labor.

CODIFICATION

Former section 421, act Aug. 14, 1935, ch. 531, title II, § 221, as added July 18, 1952, ch. 945, § 3 (e), 66 Stat. 772, and amended by 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631, relating to disability determinations, ceased to be in effect at the close of June 30, 1953. See termination date note under section 413 of this title.

1956 Subsec. (a).

AMENDMENTS

Act Aug. 1, 1956, § 103(c) (7), inserted reference to section 423 (c) of this title. Subsec. (c). Act Aug. 1, 1956, § 103 (c) (8), restricted disability to the definition of such term contained in section 416(i) or 423 (c) of this title.

Subsec. (e). Act Aug. 1, 1956, § 103 (h), substituted "Trust Funds" for "Trust Fund", and provided for adjustments between the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund with respect to payments made under this subsection.

Subsec. (f). Act Aug. 1, 1956, § 103 (h), substituted "Trust Funds" for "Trust Fund".

DEFINITION OF "SECRETARY"

Secretary as used in this section means the Secretary of Health, Education, and Welfare, see section 119 of act Aug. 1, 1956, and section 114 of act Sept. 1, 1954 set out as notes under section 416 of this title.

TRAVEL EXPENSES FOR VERIFICATION OF DISABILITIES Pub. L. 88-605, title II, § 200, Sept. 19, 1964, 78 Stat. 974, provided in part that: "Such amounts as are required shall be available to pay the cost of necessary travel incident to medical examinations for verifying disabilities of individuals who file applicatons for disability determinations under title II of the Social Security Act, as amended [this subchapter]."

Similar provisions were contained in acts Aug. 1, 1955, ch. 437, title II, § 201, 69 Stat. 408; June 29, 1956, ch. 477, title II, § 201, 70 Stat. 434; June 29, 1957, Pub. L. 85-67, title II, § 201, 71 Stat. 221; Aug. 1, 1958, Pub. L. 85-580, title II, § 201, 72 Stat. 471; Aug. 14, 1959, Pub. L. 86-158, title II, § 201, 73 Stat. 352; Sept. 2, 1960, Pub. L. 86-703, title II. § 201, 74 Stat. 769; Sept. 22, 1961, Pub. L. 87-290, title II, § 201, 75 Stat. 604; Aug. 14, 1962, Pub. L. 87-582, title II, § 200, 76 Stat. 375; Oct. 11, 1963, Pub. L. 88-136, title II, § 200, 77 Stat. 239.

§ 422. Rehabilitation services.

(a) Referral for rehabilitation services.

It is declared to be the policy of the Congress that disabled individuals applying for a determination of disability, and disabled individuals who are entitled to child's insurance benefits, shall be promptly referred to the State agency or agencies administering or supervising the administration of the State plan approved under the Vocational Rehabilitation Act for necessary vocational rehabilitation services, to the end that the maximum number of such individuals may be rehabilitated into productive activity.

(b) Deductions on account of refusal to accept rehabilitation services.

(1) Deductions, in such amounts and at such time or times as the Secretary shall determine, shall be made from any payment or payments under this subchapter to which an individual is entitled, until the total of such deductions equals such individual's benefit or benefits under sections 402 and 423 of this title for any month in which such individual, if a child who has attained the age of eighteen and is entitled to child's insurance benefits or if an individual entitled to disability insurance benefits, refuses without good cause to accept rehabilitation services available to him under a State plan approved under the Vocational Rehabilitation Act. Any individual who is a member or adherent of any recognized church or religious sect which teaches its members or adherents to rely solely, in the treatment and cure of any physical or mental impairment, upon prayer or spiritual means through the application and use of the tenets or teachings of such church or sect, and who, solely because of his adherence to the teachings or tenets of such church, or sect, refuses to accept rehabilitation services available to him under a State plan approved under the Vocational Rehabilitation Act, shall, for the purposes of the first sentence of this subsection, be deemed to have done so with good cause.

(2) Deductions shall be made from any child's insurance benefit to which a child who has attained the age of eighteen is entitled or from any mother's insurance benefit to which a person is entitled, until the total of such deductions equals such child's insurance benefit or benefits or such mother's insurance benefit or benefits under section 402 of this title for any month in which such child or person entitled to mother's insurance benefits is married to an individual who is entitled to disability insurance benefits and in which such individual refuses to accept rehabilitation services and a deduction, on account of such refusal, is imposed under paragraph (1) of this subsection. If both this paragraph and paragraph (3) of this subsection are applicable to a child's insurance benefit for any month, only an amount equal to such benefit shall be deducted.

(3) Deductions shall be made from any wife's, husband's, or child's insurance benefit, based on the wages and self-employment income of an individual entitled to disability insurance benefits, to which a wife, husband, or child is entitled, until the total of such deductions equal such wife's, husband's, or child's insurance benefit or benefits under section

402 of this title for any month in which the individual, on the basis of whose wages and selfemployment income such benefit was payable, refuses to accept rehabilitation services and deductions, on account of such refusal, are imposed under paragraph (1) of this subsection.

(c) Period of trial work.

(1) The term "period of trial work," with respect to an individual entitled to benefits under section 423 or 402(d) of this title, means a period of months beginning and ending as provided in paragraphs (3) and (4).

(2) For purposes of sections 416(i) and 423 of this title, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term "services" means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain.

(3) A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits, or, in the case of an individual entitled to benefits under section 402(d) of this title who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following September 1960; and no such period may begin for an individual in a period of disability of such individual in which he had a previous period of trial work.

(4) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier:

(A) the ninth month, beginning on or after the first day of such period, in which the individual renders services (whether or not such nine months are consecutive); or

(B) the month in which his disability (as defined in section 423 (c) (2) of this title) ceases (as determined after application of paragraph (2) of this subsection).

(5) In the case of an individual who becomes entitled to benefits under section 423 of this title for any month as provided in clause (ii) of subsection (a)(1) of such section, the preceding provisions of this subsection shall not apply with respect to services in any month beginning with the first month for which he is so entitled and ending with the first month thereafter for which he is not entitled to benefits under section 423 of this title. (Aug. 14, 1935, ch. 531, title II, §§ 222, as added Sept. 1, 1954, ch. 1206, title I, § 106 (g) 68 Stat. 1081, and amended Aug. 1, 1956, ch. 836, title I, § 103(b), 70 Stat. 817; Aug. 28, 1958, Pub. L. 85-840, title II, § 205(n), title III, § 307 (g), 72 Stat. 1025, 1032; Sept. 13, 1960, Pub. L. 86-778, title IV, § 403(a), 74 Stat. 968.)

REFERENCES IN TEXT

The Vocational Rehabilitation Act, referred to in the text, is classified to chapter 4 of Title 29, Labor.

AMENDMENTS

1960 Subsec. (c). Pub. L. 86-778 amended subsection generally by substituting provisions relating to period of trial work for provisions which related to services performed pursuant to a State-approved rehabilitation program.

1958-Subsec. (b). Pub. L. 85-840 designated existing provisions thereof as par. (1), and added pars. (2) and (3). 1956 Subsec. (a). Act Aug. 1, 1956, designated existing provisions as subsec. (a), authorized referral of disabled individuals who are entitled to child's insurance benefits, and substituted "rehabilitated into productive activity" for "restored to productive activity".

Subsecs. (b), (c). Act Aug. 1, 1956, added subsecs. (b) and (c).

EFFECTIVE DATE OF 1960 AMENDMENT

Section 403 (e) of Pub. L. 86-778 provided that:

"(1) The amendment made by subsection (a) [to subsec. (c) of this section] shall be effective only with respect to months beginning after the month in which this Act is enacted [Sept. 1960].

"(2) The amendments made by subsections (b) and (d) [to sections 423(a) (1) and 402(d) (1) of this title] shall apply only with respect to benefits under section 223(a) or 202 (d) of the Social Security Act [section 423 (a) or 402(d) of this title] for months after the month in which this Act is enacted [Sept. 1960] in the case of individuals who, without regard to such amendments, would have been entitled to such benefits for the month in which this Act is enacted [Sept. 13, 1960] or for any succeeding month.

"(3) The amendment made by subsection (c) [to section 416(1)(2) of this title] shall apply only in the case of individuals who have a period of disability (as defined in section 216(1) of the Social Security Act [section 416(1) of this title]) beginning on or after the date of the enactment of this Act [Sept. 13, 1960], or beginning before such date and continuing, without regard to such amendment, beyond the end of the month in which this Act is enacted [Sept. 1960]."

EFFECTIVE DATE OF 1958 AMENDMENT

Section 307 (h) (3) of Pub. L. 85-840 provided that: "The amendments made by subsection (g) [adding subsec. (b) (2) of this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [section 402 of this title] for months, occurring after the month in which this Act is enacted [August 1958], in which a deduction is incurred under paragraph (1) of section 222 (b) of the Social Security Act [par. (1) of subsec. (b) of this section]."

Amendment of subsec. (b) (3) of this section by section 205 of Pub. L. 85-840 applicable with respect to monthly benefits under this subchapter for months after Aug. 28, 1958, but only if an application for such benefits is filed on or after August 28, 1958, see section 207 (a) of Pub. L. 85-840, set out as a note under section 416 of this title.

DEFINITION OF "SECRETARY"

Secretary as used in this section means the Secretary of Health, Education, and Welfare, see section 119 of act Aug. 1, 1956, set out as a note under section 416 of this title.

§ 423. Disability insurance benefit payments.

(a) Disability insurance benefits.

(1) Every individual who—

(A) is insured for disability insurance benefits (as determined under subsection (c) (1) of this section),

(B) has not attained the age of sixty-five, (C) has filed application for disability insurance benefits, and

(D) is under a disability (as defined in subsection (c) (2) of this section) at the time such application is filed,

shall be entitled to a disability insurance benefit (i) for each month beginning with the first month after

his waiting period (as defined in subsection (c) (3) of this section) in which he becomes so entitled to such insurance benefits, or (ii) for each month beginning with the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was entitled to disability insurance benefits which terminated, or had a period of disability (as defined in section 416(i) of this title) which ceased, within the 60-month period preceding the first month in which he is under such disability, and ending with the month preceding whichever of the following months is the earliest: the month in which he dies, the month in which he attains age 65, the first month for which he is entitled to old-age insurance benefits, or the third month following the month in which his disability ceases.

(2) Such individual's disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 415 of this title as though he had attained age 62 (if a woman) or age 65 (if a man) in—

(A) the first month of his waiting period, or (B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes entitled to such disability insurance benefits,

and as though he had become entitled to old-age insurance benefits in the month in which he filed his application for disability insurance benefits. For the purposes of the preceding sentence, in the case of a woman who both was fully insured and had attained age 62 in or before the first month referred to in subparagraph (A) or (B) of such sentence, as the case may be, the elapsed years referred to in section 415(b) (3) of this title shall not include the first year in which she both was fully insured and had attained age 62, or any year thereafter.

(3) If, for any month before the month in which an individual attains age 65, such individual is entitled to

(A) a widow's, widower's, or parent's insurance benefit, or

(B) an old-age, wife's or husband's insurance benefit which is reduced under subsection (q) of section 402 of this title,

such individual may not, for any month after the first month for which such individual is so entitled, become entitled to disability insurance benefits; and a period of disability may not begin with respect to such individual in any month after such first month.

(b) Filing of application.

No application for disability insurance benefits shall be accepted as a valid application for purposes of this section (1) if it is filed more than nine months before the first month for which the applicant becomes entitled to such benefits, or (2) in any case in which clause (ii) of paragraph (1) of subsection (a) is applicable, if it is filed more than six months before the first month for which the applicant becomes entitled to such benefits; and any application filed within such nine months' period or six months' period, as the case may be, shall be deemed to have been filed in such first month. An individual who would have been entitled to a dis

ability insurance benefit for any month after June 1957 had he filed application therefor prior to the end of such month shall be entitled to such benefit for such month if he is continuously under a disability after such month and until he files application therefor and he files said application prior to the end of the twelfth month immediately succeeding such month.

(c) Definitions.

For purposes of this section

(1) An individual shall be insured for disability insurance benefits in any month if—

(A) he would have been a fully insured individual (as defined in section 414 of this title) had he attained age 62 (if a woman) or age 65 (if a man) and filed application for benefits under section 402(a) of this title on the first day of such month, and

(B) he had not less than twenty quarters of coverage during the forty-quarter period ending with the quarter in which such first day occurred, not counting as part of such fortyquarter period any quarter any part of which was included in a period of disability (as defined in section 416 (i) of this title, unless such quarter was a quarter of coverage.

(2) The term "disability” means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be considered to be under a disability unless he furnishes such proof of the existence thereof as may be required.

(3) The term "waiting period" means, in the case of any application for disability insurance benefits, the earliest period of six consecutive calendar months

(A) throughout which the individual who files such application has been under a disability which continues until such application is filed, and

(B) (i) which begins not earlier than with the first day of the eighteenth month before the month in which such application is filed if such individual is insured for disability insurance benefits in such eighteenth month, or (ii) if he is not so insured in such month, which begins not earlier than with the first day of the first month after such eighteenth month in which he is so insured. Notwithstanding the preceding provisions of this paragraph, no waiting period may begin for any individual before January 1, 1957. (Aug. 14, 1935, ch. 531, title II, § 223, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 815, and amended Aug. 28, 1958, Pub. L. 85-840, title II, §§ 202, 204 (b), 72 Stat. 1020, 1021; Sept. 13, 1960, Pub. L. 86-778, title III, § 303 (f), title IV, §§ 401 (a), (b), 402 (a), (c), (d), 403(b), 74 Stat. 964, 967, 969; June 30, 1961, Pub. L. 87-64, title I, § 102 (b) (2) (B), (C), (c) (2) (C), (3) (D), (E), 75 Stat. 134, 135.)

AMENDMENTS

1961-Subsec. (a)(1). Pub. L. 87-64, § 102(b) (2) (C), substituted "the month in which he attains age 65, the

first month for which he is entitled to old-age insurance benefits" for "the month in which he attains the age of sixty-five."

Subsec. (a) (2). Pub. L. 87-64, § 102(c) (2) (C), (3) (D), substituted "as though he had attained age 62 (if a woman) or age 65 (if a man)" for "as though he had attained retirement age", and "fully insured and had attained age 62" for "fully insured and had attained retirement age", in two instances.

Subsec. (a) (3). Pub. L. 87-64, § 102(b) (2) (B), added subsec. (a) (3).

Subsec. (c) (1) (A). Pub. L. 87-64, § 102(c) (3) (E), substituted "attained age 62 (if a woman) or age 65 (if a man)" for "attained retirement age."

1960 Subsec. (a)(1). Pub. L. 86-778, §§ 401(a), 402(a), 403(b), eliminated provisions from cl. (B) which required an individual to have attained the age of 50, inserted provisions authorizing payment of benefits to an individual for each month beginning with the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was entitled to disability insurance benefits which terminated, or had a period of disability which ceased, within the 60-month period preceding the first month in which he is under such disability, and substituted provisions requiring benefits to end with the month preceding whichever of the following is the earliest: the month in which he dies, the month in which he attains the age of 65, or the third month following the month in which his disability ceases for provisions which required the benefits to end with the month preceding the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of 65.

Subsec. (a) (2). Pub. L. 86-778, § 303 (f), required the benefit for any month to be equal to an individual's primary insurance amount for the month determined under section 415 of this title as though he had attained retirement age in (A) the first month of his waiting period, or (B) in any case in which clause (11) of par. (1) of this subsection is applicable, the first month for which he becomes entitled to such disability insurance benefits, and as though he had become entitled to oldage insurance benefits in the month in which he filed his application for disability insurance benefits, and inserted sentence permitting exclusion from the elapsed years, in the case of a woman who both was fully insured and had attained retirement age in or before the first month referred to in subpar. (A) or (B), the first year in which she both was fully insured and had attained retirement age, or any year thereafter. For amendment of subsec. (a) (2) by section 402(b) of Pub. L. 86-778, see note under this section.

Subsec. (b). Pub. L. 86-778, § 402 (c), (d), prohibited acceptance of an application, in any case in which clause (li) of paragraph (1) of subsec. (a) of this section is applicable, if it is filled more than six months before the first month for which the applicant becomes entitled to benefits, inserted provisions requiring any application filed within the nine months' period or six months' period, as the case may be, to be deemed to have been filled in such first month, and substituted "if he is continuously under a disability after such month and until he files application therefor, and he filles such application" for "if he files application therefor."

Subsec. (c) (3). Pub. L. 86-778, § 401(b), eliminated provisions which prohibited a waiting period for any individual from beginning before the first day of the sixth month before the month in which he attains the age of 50.

1958 Subsec. (b). Pub. L. 85-840, § 202 (a), provided that individuals who would have been entitled to disability insurance benefits for any month after June 1957 had they filed application therefor prior to the end of such month shall be entitled to disability benefits for such month if they file application therefor prior to the end of the twelfth month immediately succeeding such month.

Subsec. (c) (1). Pub. L. 85-840, § 204 (b), substituted "fully insured" for "fully and currently insured" in cl. (A).

Subsec. (c) (3). Pub. L. 85-840, § 202 (b), inserted "which continues until such application is filed" following "under a disability" in cl. (A), and substituted "eighteenth month" for "sixth month" in three instances in cl. (B).

EFFECTIVE DATE OF 1961 AMENDMENT Amendment of subsecs. (a)(2) and (c)(1)(A) of this section by Pub. L. 87-64 applicable with respect to monthly benefits for months beginning on or after August 1, 1961 based on applications filed in or after March 1961, and with respect to lump-sum death payments under this subchapter in the case of deaths on or after August 1, 1961, see sections 102(f) and 109 of Pub. L. 87-64, set out as notes under section 402 of this title.

Subsec. (a) (3) of this section and amendment of subsec. (a) (1) of this section by Pub. L. 87-64 effective August 1, 1961, see sections 102(f) and 109 of Pub. L. 87-64, set out as notes under section 402 of this title.

EFFECTIVE DATE OF 1960 AMENDMENTS

Section 401(c) of Pub. L. 86-778 provided that: "The amendments made by this section [to subsecs. (a) (1) (B) and (c)(3) of this section] shall apply only with respect to monthly benefits under sections 202 and 223 of the Social Security Act [this section and section 402 of this title] for months after the month following the month in which this Act is enacted [Sept. 1960] which are based on the wages and self-employment income of an individual who did not attain the age of fifty in or prior to the month following the month in which this Act is enacted [Sept. 1960], but only where applications for such benefits are filed in or after the month in which this Act is enacted [Sept. 1960]."

Section 402(f) of Pub. L. 86-778 provided that: "The amendments made by subsections (a) and (b) [which inserted provisions in subsec. (a)(1) of this section authorizing payment of benefits to an individual for each month beginning with the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was entitled to disability insurance benefits which terminated, or had a period of disability which ceased, within the 60-month period preceding the first month in which he is under such disability, and amended subsec. (a) (2) of this section as set out in the note under this section] shall apply only with respect to benefits under section 223 of the Social Security Act [this section] for the month in which this Act is enacted [Sept. 1960] and subsequent months. The amendment made by subsection (c) [to the first sentence of subsec. (b) of this section] shall apply only in the case of applications for benefits under such section 223 [this section] filed after the seventh month before the month in which this Act is enacted [Sept. 1960]. The amendment made by subsection (d) [to the second sentence of subsec. (b) of this section] shall apply only in the case of applications for benefits under such section 223 [this section] filed in or after the month in which this Act is enacted [Sept. 1960]. The amendment made by subsection (e) [which redefined the term period of disability in section 416(i) (2) of this title and inserted provisions in section 416(i) (2) of this title prohibiting acceptance of an application, in any case in which section 423 (a) (ii) of this title is applicable, filed more than six months before the first month for which the applicant becomes entitled to benefits under this section and providing that any application for a disability determination which is filed within such three months' period or six months' period shall be deemed to have been filed on such first day or in such first month, as the case may be] shall apply only in the case of individuals who become entitled to benefits under such section 223 [this section] in or after the month in which this Act is enacted [Sept. 1960]." Amendment of subsec. (a)(1) of this section by section 403(b) of Pub. L. 86-778, which substituted "whichever of the following months is the earliest: the month in which he dies, the month in which he attains the age of sixty-five, or the third month following the month in which his disability ceases" for "the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of sixty-five", applicable

only with respect to benefits under subsec. (a) of this section or section 402 (d) of this title for months after Sept. 1960, in the case of individuals who, without regard to such amendment, would have been entitled to such benefits for Sept. 1960, or for any succeeding month, see section 403 (e) of Pub. L. 86-778, set out as a note under section 422 of this title.

Section 303 (f) of Pub. L. 86-778 provided in part that the amendment of subsec. (a) (2) of this section by section 303 (f) of Pub. L. 86-778 shall be effective with respect to individuals who become entitled to benefits under this section after 1960.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of subsecs. (b) and (c) (3) of this section by section 202 of Pub. L. 85-840 applicable with respect to applications for disability insurance benefits under this section filed after December 1957, see section 207 (a) of Pub. L. 85-840, set out as a note under section 416 of this title.

For applicability of subsec. (c) (1) (A) of this section as amended by section 204 of Pub. L. 85-840, see section 207 (a) of Pub. L. 85-840, set out as a note under section 416 of this title.

EFFECTIVE DATE

Section 103 (d) of act Aug. 1, 1956, provided that:

"(1) The amendment made by subsection (a) [adding section 423-425 of this title] shall apply only with respect to monthly benefits under title II of the Social Security Act [this subchapter] for months after June 1957.

"(2) For purposes of determining entitlement to a disability insurance benefit for any month after June 1957 and before December 1957, an application for disability insurance benefits filed by any individual after July 1957 and before January 1958 shall be deemed to have been filed during the first month after June 1957 for which such individual would (without regard to this paragraph) have been entitled to a disability insurance benefit had he filed application before the end of such month."

COMPUTATION OF DISABILITY INSURANCE BENEFITS Section 402(b) of Pub. L. 86-778 provided that: "Section 223 (a)(2) of such Act [subsec. (a) (2) of this section] is amended to read as follows:

"(2) Such individual's disability insurance benefit for any month shall be equal to his primary insurance amount for such month determined under section 215 [section 415 of this title] as though he became entitled to old-age insurance benefits in

"(A) the first month of his waiting period, or "(B) in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which he becomes so entitled to such disability insurance benefits."

Amendment of subsec. (a) (2) of this section by section 402(b) of Pub. L. 86-778 applicable only with respect to benefits under this section for Sept. 1960, and subsequent months, see section 402 (f) of Pub. L. 86-778, set out as a note under this section.

SPECIAL INSURED STATUS TEST IN CERTAIN CASES FOR DISABILITY PURPOSES

Individuals not insured for disability benefits as determined under subsec. (c) (1) of this section with respect to any month in a quarter deemed to have met such requirements in certain cases, see section 404 of Pub. L. 68-778, set out as a note under section 416 of this title.

§ 424. Repealed. Pub. L. 85-840, title II, § 206, Aug. 28, 1958, 72 Stat. 1025.

Section, act Aug. 14, 1935, ch. 531, title II, § 224, as added Aug. 1, 1956, ch. 836, title I, § 103 (a), 70 Stat. 816, and amended July 17, 1957, Pub. L. 85-109, § 2 (a), 71 Stat. 308, related to reduction of benefits based on disability.

EFFECTIVE DATE OF REPEAL

Repeal of this section applicable with respect to monthly benefits under this subchapter for August 1958 and succeeding months, see section 207 (a) of Pub. L. 85-840, set out as a note under section 416 of this title.