disability,283 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 the age of sixty-five, or the third month following the month in which his disability ceases. 284

(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 as though he had attained retirement age 285 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,286

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 retirement age 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 215 (b) (3) shall not include the first year in which she both was fully insured and had attained retirement age, or any year thereafter.287

Filing of Application

(b) 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.288 An individual who would have been entitled to a disability 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

283 P. L. 86-778, sec. 402 (a), inserted the material beginning "shall be entitled" and through "such disability" in place of the following "shall be entitled to a disability insurance benefit for each month, beginning with the first month after his waiting period (as defined in subsection (c) (3)) in which he becomes so entitled to such insurance benefits." This amendment is effective with respect to benefits under sec. 223 for September 1960 and subsequent months.

254 P. L. 86-778, sec. 403 (b), substituted the material beginning with "whichever" and through the end of the sentence in place of the following: "the first month in which any of the following occurs: his disability ceases, he dies, or he attains the age of sixty-five." This amendment is applicable with respect to benefits under sec. 223 for months after September 1960 in the case of individuals who, without regard to this amendment, would have been entitled to such benefits for September 1960 or for any succeeding month. 285 P. L. 86-778, sec. 303 (f), substituted "had attained retirement age" for "became entitled to old-age insurance benefits." The amendment made by sec. 303 (f) is effective with respect to individuals who become entitled to benefits under sec. 223 after 1960.

256 P. L. 86-778, sec. 402 (b), amneded par. (2) by inserting "(A)" before the phrase "the first month of his waiting period." by adding "or" at the end of such phrase and by adding subpar. (B) in its entirety, effective only with respect to benefits under sec. 223 for September 1960 and subsequent months.

257 P. L. 86-778, sec. 303 (f) added the material following subpar. (B) through the end of the sentence, effective as indicated in footnote 285.

See also sec. 303 (g) of P. L. 86-778, on p. 230.

298 P. L. 86-778, sec. 402 (c) substituted the present first sentence of sec. 223 (b), applicable only in the case of applications for benefits under sec. 223 filed after February 1960, in place of the following: "No application for disability insurance benefits which is filed more than nine months before the first month for which the applicant becomes entitled to such benefits shall be accepted as a valid application for purposes of this section."

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files application therefor, and he files such application 289 prior to the end of the twelfth month immediately succeeding such month.

Definitions

(c) 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 290 individual (as defined in section 214) had he attained retirement age and filed application for benefits under section 202 (a) 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 216 (i)) unless such quarter was a quarter of coverage.291

(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 189 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, 1957.292

Sec. 224. [Repealed.]

293

289 P. L. 86-778, sec. 402 (d), substituted "if he is continously under a disability after such month and until he files application therefor, and he files such application," for "if he files application therefor," applicable only in the case of applications for benefits under sec. 223 filed in or after September 1960.

200 Sec. 204 (b) of P. L. 85-840 substituted "fully insured" for "fully and currently insured" effective subject to the conditions and limitations in sec. 207 (a) of P. L. 85-840, see p. 216.

291 See also sec. 404 of P. L. 86-778, p. 232, for special insured status test applicable in certain cases.

292 P. L. 86-778, sec. 401 (b), amended the last sentence of par. (3) by deleting the following material, which had appeared after "1957;": "nor may any such period begin for any individual before the first day of the sixth month before the month in which he attains the age of fifty." This amendment shall apply with respect to monthly bene fits under sec. 223 for months after October 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 October 1960 but only where applications for benefits are filed in or after September 1960.

293 Sec. 206 of P. L. 85-840 repealed sec. 224 (which had provided for the reduction of disability benefits) effective with respect to monthly benefits for August 1958 and succeeding months. For sec. 224 as it read prior to repeal see p. 283.

Suspension of Benefits Based on Disability

Sec. 225. If the Secretary, on the basis of information obtained by or submitted to him, believes that an individual entitled to benefits under section 223, or that a child who has attained the age of eighteen and is entitled to benefits under section 202 (d), may have ceased to be under a disability, the Secretary may suspend the payment of benefits under such section 223 or 202 (d) until it is determined (as provided in section 221) whether or not such individual's disability has ceased or until the Secretary believes that such disability has not ceased. In the case of any individual whose disability is subject to determination under an agreement with a State under section 221 (b), the Secretary shall promptly notify the appropriate State of his action under this section and shall request a prompt determination of whether such individual's disability has ceased. For purposes of this section, the term "disability" has the meaning assigned to such term in section 223 (c) (2). Whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of section 202, on the basis of the wages and self-employment income of such individual, shall be suspended for such month.

TITLE III-GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION ADMINISTRATION 12

Sec. 301. The amounts made available pursuant to section 901 (c) (1) (A) for the purpose of assisting the States in the administration of their unemployment compensation laws shall be used as hereinafter provided.3

Payments to States

Sec. 302. (a) The Secretary of Labor shall from time to time certify to the Secretary of the Treasury for payment to each State which has an unemployment compensation law approved by the Sesretary of Labor under the Federal Unemployment Tax Act, such amounts as the Secretary of Labor determines to be necessary for the proper and efficient administration of such law during the fiscal year for which such payment is to be made. The Secretary of Labor's determination shall be based on (1) the population of the State; (2) an estimate of the number of persons covered by the State law and of the cost of proper and efficient administration of such law; and (3) such other factors as the Secretary of Labor finds relevant. The Secretary of Labor shall not certify for payment under this section in any fiscal year a total amount in excess of the amount appropriated therefor for such fiscal year.

(b) Out of the sums appropriated therefor, the Secretary of the Treasury shall, upon receiving a certification under subsection (a) pay, through the Fiscal Service of the Treasury Department and prior to audit or settlement by the General Accounting Office, to the State agency charged with the administration of such law the amount so certified.

Provisions of State Laws

Sec. 303. (a) The Secretary of Labor shall make no certification for payment to any State unless he finds that the law of such State,

*This table of contents does not appear in the law.

1 Sec. 1 of the President's Reorganization Plan No. 2 of 1949 (14 F. R. 5225, 63 Stat. 1065), see p. 413, transferred the Bureau of Employment Security, including the United States Employment Service, from the Federal Security Agency to the Department of Labor, effective August 20, 1949.

2 Title III has been compiled by the United States Department of Labor.

3 P. L. 86-778, sec. 524 (a), effective September 13, 1960, amended sec. 301 to read as indicated. For this section as it read prior to this amendment see p. 304.

approved by him under the Federal Unemployment Tax Act, includes provision for-

(1) Such methods of administration (including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary of Labor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due; and

(2) Payment of unemployment compensation solely through public employment offices or such other agencies as the Secretary of Labor may approve; and

(3) Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied ; and

(4) The payment of all money received in the unemployment fund of such State (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305 (b) of the Federal Unemployment Tax Act), immediately upon such receipt, to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904; and

(5) Expenditure of all money withdrawn from an unemployment fund of such State, in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305 (b) of the Federal Unemployment Tax Act: Provided, That an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration: Provided further, That the amounts specified by section 903 (c) (2) may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices; and

(6) The making of such reports in such form and containing such information, as the Secretary of Labor may from time to time require, and compliance with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such report; and

(7) Making available upon request to any agency of the United States charged with the administration of public works, or assistance through public employment, the name, address, ordinary occupation and employment status of each recipient of unemployment compensation, and a statement of such recipient's rights to further compensation under such law; and

(8) Effective July 1, 1941, the expenditure of all moneys received pursuant to section 302 of this title solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administration of such State law; and