RS 00301: Retirement, Survivors and Disability Requirements
TN 18 (08-04)
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 he or she:
Is under a disability which began before the quarter in which he or she attained or would attain age 31; and
Is fully insured (see RS 00301.120B.2.); and
Has earned QC's in at least one-half of the calendar quarters during the period beginning with the quarter after the quarter in which he or she attained age 21 and ending with the quarter in which the period of disability began; or
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.)
IMPORTANT: If the worker is an alien whose SSN was first assigned on or after January 1, 2004, then he/she 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 his/her earnings. See RS 00301.102 for a full discussion of these requirements.
2. Born Before 1916
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.
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
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.
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
If there is a subsequent period of disability and NH is under age 31, see examples 6-9 in RS 00301.140D.
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 he became disabled. Since Mr. 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. Mr. 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 Mr. 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, Mr. White must meet the alternative “6-QC” requirement to be insured. He must have earned 6 QC's in the 12-quarter period ending with the quarter of disability; i.e., 6 QC's in the 9/82 through 6/84 quarters. A total of 6 QC's where some of which were earned before the 9/82 quarter, would not give him insured status. However, he 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. His 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. His period of disability ceased 10/82 and terminated the last day of 12/82. Joseph became disabled again 2/14/84. His 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). He requires and has 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. Her ER shows the following QC pattern:
1986 CCCN
1987 CCCN
1988 NNNN
Jane requires and has 6 QC's to be insured for DIB. Her period of disability ceased 8/90 and terminated the last day of 10/90. She became disabled again 12/3/90. Her 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. His ER shows the following QC pattern:
1986 CNNN
1987 CCCC
1988 CNNN
Ralph requires and has 6 QC's to be insured for DIB. His period of disability ceased 10/90 and terminated the last day of 12/90. Ralph became disabled again 3/16/97. His 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. His ER shows the following QC pattern:
1983 CCNN
1984 CCCC
1985 NNNN
Sam requires and has 6 QC's to be insured for DIB. His period of disability ceased 10/89 and terminated the last day of 12/89.
He became disabled again 5/16/93. His 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. He is, however, insured as of the 12/93 quarter.