42 U.S.C. § 416 : US Code - Section 416: Additional definitions

      For the purposes of this subchapter - 
    (a) Spouse; surviving spouse
      (1) The term "spouse" means a wife as defined in subsection (b)
    of this section or a husband as defined in subsection (f) of this
    section.
      (2) The term "surviving spouse" means a widow as defined in
    subsection (c) of this section or a widower as defined in
    subsection (g) of this section.
    (b) Wife
      The term "wife" means the wife of an individual, but only if she
    (1) is the mother of his son or daughter, (2) was married to him
    for a period of not less than one year immediately preceding the
    day on which her application is filed, or (3) in the month prior to
    the month of her marriage to him (A) was entitled to, or on
    application therefor and attainment of age 62 in such prior month
    would have been entitled to, benefits under subsection (b), (e), or
    (h) of section 402 of this title, (B) had attained age eighteen and
    was entitled to, or on application therefor would have been
    entitled to, benefits under subsection (d) of such section
    (subject, however, to section 402(s) of this title), or (C) was
    entitled to, or upon application therefor and attainment of the
    required age (if any) would have been entitled to, a widow's,
    child's (after attainment of age 18), or parent's insurance annuity
    under section 231a of title 45. For purposes of clause (2), a wife
    shall be deemed to have been married to an individual for a period
    of one year throughout the month in which occurs the first
    anniversary of her marriage to such individual. For purposes of
    subparagraph (C) of section 402(b)(1) of this title, a divorced
    wife shall be deemed not to be married throughout the month in
    which she becomes divorced.
    (c) Widow
      (1) The term "widow" (except when used in the first sentence of
    section 402(i) of this title) means the surviving wife of an
    individual, but only if (A) she is the mother of his son or
    daughter, (B) she legally adopted his son or daughter while she was
    married to him and while such son or daughter was under the age of
    eighteen, (C) he legally adopted her son or daughter while she was
    married to him and while such son or daughter was under the age of
    eighteen, (D) she was married to him at the time both of them
    legally adopted a child under the age of eighteen, (E) except as
    provided in paragraph (2), she was married to him for a period of
    not less than nine months immediately prior to the day on which he
    died, or (F) in the month prior to the month of her marriage to him
    (i) she was entitled to, or on application therefor and attainment
    of age 62 in such prior month would have been entitled to, benefits
    under subsection (b), (e), or (h) of section 402 of this title,
    (ii) she had attained age eighteen and was entitled to, or on
    application therefor would have been entitled to, benefits under
    subsection (d) of such section (subject, however, to section 402(s)
    of this title), or (iii) she was entitled to, or upon application
    therefor and attainment of the required age (if any) would have
    been entitled to, a widow's, child's (after attainment of age 18),
    or parent's insurance annuity under section 231a of title 45.
      (2) The requirements of paragraph (1)(E) in connection with the
    surviving wife of an individual shall be treated as satisfied if - 
        (A) the individual had been married prior to the individual's
      marriage to the surviving wife,
        (B) the prior wife was institutionalized during the
      individual's marriage to the prior wife due to mental
      incompetence or similar incapacity,
        (C) during the period of the prior wife's institutionalization,
      the individual would have divorced the prior wife and married the
      surviving wife, but the individual did not do so because such
      divorce would have been unlawful, by reason of the prior wife's
      institutionalization, under the laws of the State in which the
      individual was domiciled at the time (as determined based on
      evidence satisfactory to the Commissioner of Social Security),
        (D) the prior wife continued to remain institutionalized up to
      the time of her death, and
        (E) the individual married the surviving wife within 60 days
      after the prior wife's death.
    (d) Divorced spouses; divorce
      (1) The term "divorced wife" means a woman divorced from an
    individual, but only if she had been married to such individual for
    a period of 10 years immediately before the date the divorce became
    effective.
      (2) The term "surviving divorced wife" means a woman divorced
    from an individual who has died, but only if she had been married
    to the individual for a period of 10 years immediately before the
    date the divorce became effective.
      (3) The term "surviving divorced mother" means a woman divorced
    from an individual who has died, but only if (A) she is the mother
    of his son or daughter, (B) she legally adopted his son or daughter
    while she was married to him and while such son or daughter was
    under the age of 18, (C) he legally adopted her son or daughter
    while she was married to him and while such son or daughter was
    under the age of 18, or (D) she was married to him at the time both
    of them legally adopted a child under the age of 18.
      (4) The term "divorced husband" means a man divorced from an
    individual, but only if he had been married to such individual for
    a period of 10 years immediately before the date the divorce became
    effective.
      (5) The term "surviving divorced husband" means a man divorced
    from an individual who has died, but only if he had been married to
    the individual for a period of 10 years immediately before the
    divorce became effective.
      (6) The term "surviving divorced father" means a man divorced
    from an individual who has died, but only if (A) he is the father
    of her son or daughter, (B) he legally adopted her son or daughter
    while he was married to her and while such son or daughter was
    under the age of 18, (C) she legally adopted his son or daughter
    while he was married to her and while such son or daughter was
    under the age of 18, or (D) he was married to her at the time both
    of them legally adopted a child under the age of 18.
      (7) The term "surviving divorced parent" means a surviving
    divorced mother as defined in paragraph (3) of this subsection or a
    surviving divorced father as defined in paragraph (6).
      (8) The terms "divorce" and "divorced" refer to a divorce a
    vinculo matrimonii.
    (e) Child
      The term "child" means (1) the child or legally adopted child of
    an individual, (2) a stepchild who has been such stepchild for not
    less than one year immediately preceding the day on which
    application for child's insurance benefits is filed or (if the
    insured individual is deceased) not less than nine months
    immediately preceding the day on which such individual died, and
    (3) a person who is the grandchild or stepgrandchild of an
    individual or his spouse, but only if (A) there was no natural or
    adoptive parent (other than such a parent who was under a
    disability, as defined in section 423(d) of this title) of such
    person living at the time (i) such individual became entitled to
    old-age insurance benefits or disability insurance benefits or
    died, or (ii) if such individual had a period of disability which
    continued until such individual became entitled to old-age
    insurance benefits or disability insurance benefits, or died, at
    the time such period of disability began, or (B) such person was
    legally adopted after the death of such individual by such
    individual's surviving spouse in an adoption that was decreed by a
    court of competent jurisdiction within the United States and such
    person's natural or adopting parent or stepparent was not living in
    such individual's household and making regular contributions toward
    such person's support at the time such individual died. For
    purposes of clause (1), a person shall be deemed, as of the date of
    death of an individual, to be the legally adopted child of such
    individual if such person was either living with or receiving at
    least one-half of his support from such individual at the time of
    such individual's death and was legally adopted by such
    individual's surviving spouse after such individual's death but
    only if (A) proceedings for the adoption of the child had been
    instituted by such individual before his death, or (B) such child
    was adopted by such individual's surviving spouse before the end of
    two years after (i) the day on which such individual died or (ii)
    August 28, 1958. For purposes of clause (2), a person who is not
    the stepchild of an individual shall be deemed the stepchild of
    such individual if such individual was not the mother or adopting
    mother or the father or adopting father of such person and such
    individual and the mother or adopting mother, or the father or
    adopting father, as the case may be, of such person went through a
    marriage ceremony resulting in a purported marriage between them
    which, but for a legal impediment described in the last sentence of
    subsection (h)(1)(B) of this section, would have been a valid
    marriage. For purposes of clause (2), a child shall be deemed to
    have been the stepchild of an individual for a period of one year
    throughout the month in which occurs the expiration of such one
    year. For purposes of clause (3), a person shall be deemed to have
    no natural or adoptive parent living (other than a parent who was
    under a disability) throughout the most recent month in which a
    natural or adoptive parent (not under a disability) dies.
    (f) Husband
      The term "husband" means the husband of an individual, but only
    if (1) he is the father of her son or daughter, (2) he was married
    to her for a period of not less than one year immediately preceding
    the day on which his application is filed, or (3) in the month
    prior to the month of his marriage to her (A) he was entitled to,
    or on application therefor and attainment of age 62 in such prior
    month would have been entitled to, benefits under subsection (c),
    (f) or (h) of section 402 of this title, (B) he had attained age
    eighteen and was entitled to, or on application therefor would have
    been entitled to, benefits under subsection (d) of such section
    (subject, however, to section 402(s) of this title), or (C) he was
    entitled to, or upon application therefor and attainment of the
    required age (if any) he would have been entitled to, a widower's,
    child's (after attainment of age 18), or parent's insurance annuity
    under section 231a of title 45. For purposes of clause (2), a
    husband shall be deemed to have been married to an individual for a
    period of one year throughout the month in which occurs the first
    anniversary of his marriage to her. For purposes of subparagraph
    (C) of section 402(c)(1) of this title, a divorced husband shall be
    deemed not to be married throughout the month which he becomes
    divorced.
    (g) Widower
      (1) The term "widower" (except when used in the first sentence of
    section 402(i) of this title) means the surviving husband of an
    individual, but only if (A) he is the father of her son or
    daughter, (B) he legally adopted her son or daughter while he was
    married to her and while such son or daughter was under the age of
    eighteen, (C) she legally adopted his son or daughter while he was
    married to her and while such son or daughter was under the age of
    eighteen, (D) he was married to her at the time both of them
    legally adopted a child under the age of eighteen, (E) except as
    provided in paragraph (2), he was married to her for a period of
    not less than nine months immediately prior to the day on which she
    died, or (F) in the month before the month of his marriage to her
    (i) he was entitled to, or on application therefor and attainment
    of age 62 in such prior month would have been entitled to, benefits
    under subsection (c), (f) or (h) of section 402 of this title, (ii)
    he had attained age eighteen and was entitled to, or on application
    therefor would have been entitled to, benefits under subsection (d)
    of such section (subject, however, to section 402(s) of this
    title), or (iii) he was entitled to, or on application therefor and
    attainment of the required age (if any) he would have been entitled
    to, a widower's, child's (after attainment of age 18), or parent's
    insurance annuity under section 231a of title 45.
      (2) The requirements of paragraph (1)(E) in connection with the
    surviving husband of an individual shall be treated as satisfied if
    - 
        (A) the individual had been married prior to the individual's
      marriage to the surviving husband,
        (B) the prior husband was institutionalized during the
      individual's marriage to the prior husband due to mental
      incompetence or similar incapacity,
        (C) during the period of the prior husband's
      institutionalization, the individual would have divorced the
      prior husband and married the surviving husband, but the
      individual did not do so because such divorce would have been
      unlawful, by reason of the prior husband's institutionalization,
      under the laws of the State in which the individual was domiciled
      at the time (as determined based on evidence satisfactory to the
      Commissioner of Social Security),
        (D) the prior husband continued to remain institutionalized up
      to the time of his death, and
        (E) the individual married the surviving husband within 60 days
      after the prior husband's death.
    (h) Determination of family status
      (1)(A)(i) An applicant is the wife, husband, widow, or widower of
    a fully or currently insured individual for purposes of this
    subchapter if the courts of the State in which such insured
    individual is domiciled at the time such applicant files and
    application, or, if such insured individual is dead, the courts of
    the State in which he was domiciled at the time of death, or, if
    such insured individual is or was not so domiciled in any State,
    the courts of the District of Columbia, would find that such
    applicant and such insured individual were validly married at the
    time such applicant files such application or, if such insured
    individual is dead, at the time he died.
      (ii) If such courts would not find that such applicant and such
    insured individual were validly married at such time, such
    applicant shall, nevertheless be deemed to be the wife, husband,
    widow, or widower, as the case may be, of such insured individual
    if such applicant would, under the laws applied by such courts in
    determining the devolution of intestate personal property, have the
    same status with respect to the taking of such property as a wife,
    husband, widow, or widower of such insured individual.
      (B)(i) In any case where under subparagraph (A) an applicant is
    not (and is not deemed to be) the wife, widow, husband, or widower
    of a fully or currently insured individual, or where under
    subsection (b), (c), (d), (f), or (g) of this section such
    applicant is not the wife, divorced wife, widow, surviving divorced
    wife, husband, divorced husband, widower, or surviving divorced
    husband of such individual, but it is established to the
    satisfaction of the Commissioner of Social Security that such
    applicant in good faith went through a marriage ceremony with such
    individual resulting in a purported marriage between them which,
    but for a legal impediment not known to the applicant at the time
    of such ceremony, would have been a valid marriage, then, for
    purposes of subparagraph (A) and subsections (b), (c), (d), (f),
    and (g) of this section, such purported marriage shall be deemed to
    be a valid marriage. Notwithstanding the preceding sentence, in the
    case of any person who would be deemed under the preceding sentence
    a wife, widow, husband, or widower of the insured individual, such
    marriage shall not be deemed to be a valid marriage unless the
    applicant and the insured individual were living in the same
    household at the time of the death of the insured individual or (if
    the insured individual is living) at the time the applicant files
    the application. A marriage that is deemed to be a valid marriage
    by reason of the preceding sentence shall continue to be deemed a
    valid marriage if the insured individual and the person entitled to
    benefits as the wife or husband of the insured individual are no
    longer living in the same household at the time of the death of
    such insured individual.
      (ii) The provisions of clause (i) shall not apply if the
    Commissioner of Social Security determines, on the basis of
    information brought to the Commissioner's attention, that such
    applicant entered into such purported marriage with such insured
    individual with knowledge that it would not be a valid marriage.
      (iii) The entitlement to a monthly benefit under subsection (b)
    or (c) of section 402 of this title, based on the wages and self-
    employment income of such insured individual, of a person who
    would not be deemed to be a wife or husband of such insured
    individual but for this subparagraph, shall end with the month
    before the month in which such person enters into a marriage, valid
    without regard to this subparagraph, with a person other than such
    insured individual.
      (iv) For purposes of this subparagraph, a legal impediment to the
    validity of a purported marriage includes only an impediment (I)
    resulting from the lack of dissolution of a previous marriage or
    otherwise arising out of such previous marriage or its dissolution,
    or (II) resulting from a defect in the procedure followed in
    connection with such purported marriage.
      (2)(A) In determining whether an applicant is the child or parent
    of a fully or currently insured individual for purposes of this
    subchapter, the Commissioner of Social Security shall apply such
    law as would be applied in determining the devolution of intestate
    personal property by the courts of the State in which such insured
    individual is domiciled at the time such applicant files
    application, or, if such insured individual is dead, by the courts
    of the State in which he was domiciled at the time of his death,
    or, if such insured individual is or was not so domiciled in any
    State, by the courts of the District of Columbia. Applicants who
    according to such law would have the same status relative to taking
    intestate personal property as a child or parent shall be deemed
    such.
      (B) If an applicant is a son or daughter of a fully or currently
    insured individual but is not (and is not deemed to be) the child
    of such insured individual under subparagraph (A), such applicant
    shall nevertheless be deemed to be the child of such insured
    individual if such insured individual and the mother or father, as
    the case may be, of such applicant went through a marriage ceremony
    resulting in a purported marriage between them which, but for a
    legal impediment described in the last sentence of paragraph
    (1)(B), would have been a valid marriage.
      (3) An applicant who is the son or daughter of a fully or
    currently insured individual, but who is not (and is not deemed to
    be) the child of such insured individual under paragraph (2) of
    this subsection, shall nevertheless be deemed to be the child of
    such insured individual if:
        (A) in the case of an insured individual entitled to old-age
      insurance benefits (who was not, in the month preceding such
      entitlement, entitled to disability insurance benefits) - 
          (i) such insured individual - 
            (I) has acknowledged in writing that the applicant is his
          or her son or daughter,
            (II) has been decreed by a court to be the mother or father
          of the applicant, or
            (III) has been ordered by a court to contribute to the
          support of the applicant because the applicant is his or her
          son or daughter,

        and such acknowledgment, court decree, or court order was made
        not less than one year before such insured individual became
        entitled to old-age insurance benefits or attained retirement
        age (as defined in subsection (l) of this section), whichever
        is earlier; or
          (ii) such insured individual is shown by evidence
        satisfactory to the Commissioner of Social Security to be the
        mother or father of the applicant and was living with or
        contributing to the support of the applicant at the time such
        applicant's application for benefits was filed;

        (B) in the case of an insured individual entitled to disability
      insurance benefits, or who was entitled to such benefits in the
      month preceding the first month for which he or she was entitled
      to old-age insurance benefits - 
          (i) such insured individual - 
            (I) has acknowledged in writing that the applicant is his
          or her son or daughter,
            (II) has been decreed by a court to be the mother or father
          of the applicant, or
            (III) has been ordered by a court to contribute to the
          support of the applicant because the applicant is his or her
          son or daughter,

        and such acknowledgment, court decree, or court order was made
        before such insured individual's most recent period of
        disability began; or
          (ii) such insured individual is shown by evidence
        satisfactory to the Commissioner of Social Security to be the
        mother or father of the applicant and was living with or
        contributing to the support of that applicant at the time such
        applicant's application for benefits was filed;

        (C) in the case of a deceased individual - 
          (i) such insured individual - 
            (I) had acknowledged in writing that the applicant is his
          or her son or daughter,
            (II) had been decreed by a court to be the mother or father
          of the applicant, or
            (III) had been ordered by a court to contribute to the
          support of the applicant because the applicant was his or her
          son or daughter,

        and such acknowledgment, court decree, or court order was made
        before the death of such insured individual, or
          (ii) such insured individual is shown by evidence
        satisfactory to the Commissioner of Social Security to have
        been the mother or father of the applicant, and such insured
        individual was living with or contributing to the support of
        the applicant at the time such insured individual died.

    For purposes of subparagraphs (A)(i) and (B)(i), an
    acknowledgement, court decree, or court order shall be deemed to
    have occurred on the first day of the month in which it actually
    occurred.
    (i) Disability; period of disability
      (1) Except for purposes of sections 402(d), 402(e), 402(f), 423,
    and 425 of this title, the term "disability" means (A) 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 has lasted or can be expected to
    last for a continuous period of not less than 12 months, or (B)
    blindness; and the term "blindness" means central visual acuity of
    20/200 or less in the better eye with the use of a correcting lens.
    An eye which is accompanied by a limitation in the fields of vision
    such that the widest diameter of the visual field subtends an angle
    no greater than 20 degrees shall be considered for purposes of this
    paragraph as having a central visual acuity of 20/200 or less. The
    provisions of paragraphs (2)(A), (2)(B), (3), (4), (5), and (6) of
    section 423(d) of this title shall be applied for purposes of
    determining whether an individual is under a disability within the
    meaning of the first sentence of this paragraph in the same manner
    as they are applied for purposes of paragraph (1) of such section.
    Nothing in this subchapter shall be construed as authorizing the
    Commissioner of Social Security or any other officer or employee of
    the United States to interfere in any way with the practice of
    medicine or with relationships between practitioners of medicine
    and their patients, or to exercise any supervision or control over
    the administration or operation of any hospital.
      (2)(A) The term "period of disability" means a continuous period
    (beginning and ending as hereinafter provided in this subsection)
    during which an individual was under a disability (as defined in
    paragraph (1)), but only if such period is of not less than five
    full calendar months' duration or such individual was entitled to
    benefits under section 423 of this title for one or more months in
    such period.
      (B) No period of disability shall begin as to any individual
    unless such individual files an application for a disability
    determination with respect to such period; and no such period shall
    begin as to any individual after such individual attains retirement
    age (as defined in subsection (l) of this section). In the case of
    a deceased individual, the requirement of an application under the
    preceding sentence may be satisfied by an application for a
    disability determination filed with respect to such individual
    within 3 months after the month in which he died.
      (C) A period of disability shall begin - 
        (i) on the day the disability began, but only if the individual
      satisfies the requirements of paragraph (3) on such day; or
        (ii) if such individual does not satisfy the requirements of
      paragraph (3) on such day, then on the first day of the first
      quarter thereafter in which he satisfies such requirements.

      (D) A period of disability shall end with the close of whichever
    of the following months is the earlier: (i) the month preceding the
    month in which the individual attains retirement age (as defined in
    subsection (l) of this section), or (ii) the month preceding (I)
    the termination month (as defined in section 423(a)(1) of this
    title), or, if earlier (II) the first month for which no benefit is
    payable by reason of section 423(e) of this title, where no benefit
    is payable for any of the succeeding months during the 36-month
    period referred to in such section. The provisions set forth in
    section 423(f) of this title with respect to determinations of
    whether entitlement to benefits under this subchapter or subchapter
    XVIII of this chapter based on the disability of any individual is
    terminated (on the basis of a finding that the physical or mental
    impairment on the basis of which such benefits are provided has
    ceased, does not exist, or is not disabling) shall apply in the
    same manner and to the same extent with respect to determinations
    of whether a period of disability has ended (on the basis of a
    finding that the physical or mental impairment on the basis of
    which the finding of disability was made has ceased, does not
    exist, or is not disabling).
      (E) Except as is otherwise provided in subparagraph (F), no
    application for a disability determination which is filed more than
    12 months after the month prescribed by subparagraph (D) as the
    month in which the period of disability ends (determined without
    regard to subparagraph (B) and this subparagraph) shall be accepted
    as an application for purposes of this paragraph.
      (F) An application for a disability determination which is filed
    more than 12 months after the month prescribed by subparagraph (D)
    as the month in which the period of disability ends (determined
    without regard to subparagraphs (B) and (E)) shall be accepted as
    an application for purposes of this paragraph if - 
        (i) in the case of an application filed by or on behalf of an
      individual with respect to a disability which ends after January
      1968, such application is filed not more than 36 months after the
      month in which such disability ended, such individual is alive at
      the time the application is filed, and the Commissioner of Social
      Security finds in accordance with regulations prescribed by the
      Commissioner that the failure of such individual to file an
      application for a disability determination within the time
      specified in subparagraph (E) was attributable to a physical or
      mental condition of such individual which rendered him incapable
      of executing such an application, and
        (ii) in the case of an application filed by or on behalf of an
      individual with respect to a period of disability which ends in
      or before January 1968 - 
          (I) such application is filed not more than 12 months after
        January 1968,
          (II) a previous application for a disability determination
        has been filed by or on behalf of such individual (1) in or
        before January 1968, and (2) not more than 36 months after the
        month in which his disability ended, and
          (III) the Commissioner of Social Security finds in accordance
        with regulations prescribed by the Commissioner, that the
        failure of such individual to file an application within the
        then specified time period was attributable to a physical or
        mental condition of such individual which rendered him
        incapable of executing such an application.

    In making a determination under this subsection, with respect to
    the disability or period of disability of any individual whose
    application for a determination thereof is accepted solely by
    reason of the provisions of this subparagraph (F), the provisions
    of this subsection (other than the provisions of this subparagraph)
    shall be applied as such provisions are in effect at the time such
    determination is made.
      (G) An application for a disability determination filed before
    the first day on which the applicant satisfies the requirements for
    a period of disability under this subsection shall be deemed a
    valid application (and shall be deemed to have been filed on such
    first day) only if the applicant satisfies the requirements for a
    period of disability before the Commissioner of Social Security
    makes a final decision on the application and no request under
    section 405(b) of this title for notice and opportunity for a
    hearing thereon is made or, if such a request is made, before a
    decision based upon the evidence adduced at the hearing is made
    (regardless of whether such decision becomes the final decision of
    the Commissioner of Social Security).
      (3) The requirements referred to in clauses (i) and (ii) of
    paragraph (2)(C) of this subsection are satisfied by an individual
    with respect to any quarter only if - 
        (A) he would have been a fully insured individual (as defined
      in section 414 of this title) had he attained age 62 and filed
      application for benefits under section 402(a) of this title on
      the first day of such quarter; and
        (B)(i) he had not less than 20 quarters of coverage during the
      40-quarter period which ends with such quarter, or
        (ii) if such quarter ends before he attains (or would attain)
      age 31, not less than one-half (and not less than 6) of the
      quarters during the period ending with such quarter and beginning
      after he attained the age of 21 were quarters of coverage, or (if
      the number of quarters in such period is less than 12) not less
      than 6 of the quarters in the 12-quarter period ending with such
      quarter were quarters of coverage, or
        (iii) in the case of an individual (not otherwise insured under
      clause (i)) who, by reason of clause (ii), had a prior period of
      disability that began during a period before the quarter in which
      he or she attained age 31, not less than one-half of the quarters
      beginning after such individual attained age 21 and ending with
      such quarter are quarters of coverage, or (if the number of
      quarters in such period is less than 12) not less than 6 of the
      quarters in the 12-quarter period ending with such quarter are
      quarters of coverage;

    except that the provisions of subparagraph (B) of this paragraph
    shall not apply in the case of an individual who is blind (within
    the meaning of "blindness" as defined in paragraph (1)). For
    purposes of subparagraph (B) of this paragraph, when the number of
    quarters in any period is an odd number, such number shall be
    reduced by one, and a quarter shall not be counted as part of any
    period if any part of such quarter was included in a prior period
    of disability unless such quarter was a quarter of coverage.
    (j) Periods of limitation ending on nonwork days
      Where this subchapter, any provision of another law of the United
    States (other than the Internal Revenue Code of 1986) relating to
    or changing the effect of this subchapter, or any regulation issued
    by the Commissioner of Social Security pursuant thereto provides
    for a period within which an act is required to be done which
    affects eligibility for or the amount of any benefit or payment
    under this subchapter or is necessary to establish or protect any
    rights under this subchapter, and such period ends on a Saturday,
    Sunday, or legal holiday, or on any other day all or part of which
    is declared to be a nonwork day for Federal employees by statute or
    Executive order, then such act shall be considered as done within
    such period if it is done on the first day thereafter which is not
    a Saturday, Sunday, or legal holiday or any other day all or part
    of which is declared to be a nonwork day for Federal employees by
    statute or Executive order. For purposes of this subsection, the
    day on which a period ends shall include the day on which an
    extension of such period, as authorized by law or by the
    Commissioner of Social Security pursuant to law, ends. The
    provisions of this subsection shall not extend the period during
    which benefits under this subchapter may (pursuant to section
    402(j)(1) or 423(b) of this title) be paid for months prior to the
    day application for such benefits is filed, or during which an
    application for benefits under this subchapter may (pursuant to
    section 402(j)(2) or 423(b) of this title) be accepted as such.
    (k) Waiver of nine-month requirement for widow, stepchild, or
      widower in case of accidental death or in case of serviceman
      dying in line of duty, or in case of remarriage to same
      individual
      The requirement in clause (E) of subsection (c)(1) of this
    section or clause (E) of subsection (g)(1) of this section that the
    surviving spouse of an individual have been married to such
    individual for a period of not less than nine months immediately
    prior to the day on which such individual died in order to qualify
    as such individual's widow or widower, and the requirement in
    subsection (e) of this section that the stepchild of a deceased
    individual have been such stepchild for not less than nine months
    immediately preceding the day on which such individual died in
    order to qualify as such individual's child, shall be deemed to be
    satisfied, where such individual dies within the applicable nine-
    month period, if - 
        (1) his death - 
          (A) is accidental, or
          (B) occurs in line of duty while he is a member of a
        uniformed service serving on active duty (as defined in section
        410(l)(2) of this title),

      unless the Commissioner of Social Security determines that at the
      time of the marriage involved the individual could not have
      reasonably been expected to live for nine months, or

        (2)(A) the widow or widower of such individual had been
      previously married to such individual and subsequently divorced
      and such requirement would have been satisfied at the time of
      such divorce if such previous marriage had been terminated by the
      death of such individual at such time instead of by divorce; or
        (B) the stepchild of such individual had been the stepchild of
      such individual during a previous marriage of such stepchild's
      parent to such individual which ended in divorce and such
      requirement would have been satisfied at the time of such divorce
      if such previous marriage had been terminated by the death of
      such individual at such time instead of by divorce;

    except that paragraph (2) of this subsection shall not apply if the
    Commissioner of Social Security determines that at the time of the
    marriage involved the individual could not have reasonably been
    expected to live for nine months. For purposes of paragraph (1)(A)
    of this subsection, the death of an individual is accidental if he
    receives bodily injuries solely through violent, external, and
    accidental means and, as a direct result of the bodily injuries and
    independently of all other causes, loses his life not later than
    three months after the day on which he receives such bodily
    injuries.
    (l) Retirement age
      (1) The term "retirement age" means - 
        (A) with respect to an individual who attains early retirement
      age (as defined in paragraph (2)) before January 1, 2000, 65
      years of age;
        (B) with respect to an individual who attains early retirement
      age after December 31, 1999, and before January 1, 2005, 65 years
      of age plus the number of months in the age increase factor (as
      determined under paragraph (3)) for the calendar year in which
      such individual attains early retirement age;
        (C) with respect to an individual who attains early retirement
      age after December 31, 2004, and before January 1, 2017, 66 years
      of age;
        (D) with respect to an individual who attains early retirement
      age after December 31, 2016, and before January 1, 2022, 66 years
      of age plus the number of months in the age increase factor (as
      determined under paragraph (3)) for the calendar year in which
      such individual attains early retirement age; and
        (E) with respect to an individual who attains early retirement
      age after December 31, 2021, 67 years of age.

      (2) The term "early retirement age" means age 62 in the case of
    an old-age, wife's, or husband's insurance benefit, and age 60 in
    the case of a widow's or widower's insurance benefit.
      (3) The age increase factor for any individual who attains early
    retirement age in a calendar year within the period to which
    subparagraph (B) or (D) of paragraph (1) applies shall be
    determined as follows:
        (A) With respect to an individual who attains early retirement
      age in the 5-year period consisting of the calendar years 2000
      through 2004, the age increase factor shall be equal to two-
      twelfths of the number of months in the period beginning with
      January 2000 and ending with December of the year in which the
      individual attains early retirement age.
        (B) With respect to an individual who attains early retirement
      age in the 5-year period consisting of the calendar years 2017
      through 2021, the age increase factor shall be equal to two-
      twelfths of the number of months in the period beginning with
      January 2017 and ending with December of the year in which the
      individual attains early retirement age.