Diane Robbins v. Richard S. Schweiker

JOHN R. GIBSON, Circuit Judge.

The sole issue for our decision is whether the five month waiting period for entitlement to disability insurance benefits under 42 U.S.C. § 423(a)(1) commences on the day the claimant becomes disabled, or on the first day of the following month. The district court 1 held that the waiting period commences on the first day of the month following the month in which the claimant becomes disabled. Accordingly it found that Diane Robbins’s waiting period began on February 1, 1980 and she became entitled to benefits on July 1,1980, and that the amendments to the Social…