Code of Federal Regulations Title 20. Employees' Benefits § 20.404.315 Who is entitled to disability benefits?

(1) You have enough social security earnings to be insured for disability, as described in § 404.130;

(2) You apply;

(3) You have a disability, as defined in § 404.1505, or you are not disabled, but you had a disability that ended within the 12–month period before the month you applied;  and

(4) You have been disabled for 5 full consecutive months. This 5–month waiting period begins with a month in which you were both insured for disability and disabled. Your waiting period can begin no earlier than the 17th month before the month you apply—no matter how long you were disabled before then. No waiting period is required if you were previously entitled to disability benefits or to a period of disability under § 404.320 any time within 5 years of the month you again became disabled.