(a) The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition, you must have a severe impairment(s) that makes you unable to do your past relevant work (see § 404.1560(b)) or any other substantial gainful work that exists in the national economy. If your severe impairment(s) does not meet or medically equal a listing in appendix 1, we will assess your residual functional capacity as provided in §§ 404.1520(e) and 404.1545. (See §§ 404.1520(g)(2) and 404.1562 for an exception to this rule.) We will use this residual functional capacity assessment to determine if you can do your past relevant work. If we find that you cannot do your past relevant work, we will use the same residual functional capacity assessment and your vocational factors of age, education, and work experience to determine if you can do other work. (See § 404.1520(h) for an exception to this rule.) We will use this definition of disability if you are applying for a period of disability, or disability insurance benefits as a disabled worker, or child's insurance benefits based on disability before age 22 or, with respect to disability benefits payable for months after December 1990, as a widow, widower, or surviving divorced spouse.
(b) There are different rules for determining disability for individuals who are statutorily blind. We discuss these in §§ 404.1581 through 404.1587. There are also different rules for determining disability for widows, widowers, and surviving divorced spouses for monthly benefits for months prior to January 1991. We discuss these rules in §§ 404.1577, 404.1578, and 404.1579.
[45 FR 55584, Aug. 20, 1980, as amended at 51 FR 10616, Mar. 28, 1986; 57 FR 30120, July 8, 1992; 68 FR 51161, Aug. 26, 2003; 77 FR 43494, July 25, 2012]
Notes of Decisions
Tommaso Fargnoli v. Larry G. Massanari, Comm'r, Soc. Sec. Admin., 247 F.3d 34 (3rd Cir. 2001).
· cites it 2× “1988)); see also 20 C.F.R. § 404.1505 (a). A claimant is considered unable to engage in any substantial gainful activity “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his…”
Myers v. Berryhill, 373 F. Supp. 3d 528 (M.D. Penn. 2018).
· cites it 2× “§ 1382c(a)(3)(A); see also 20 C.F.R. § 404.1505 (a) ; id. § 416.905(a).”
Nichols v. Colvin, 100 F. Supp. 3d 487 (E.D. Va. 2015).
· cites it 2× “” 20 C.F.R. § 404.1505 (a); see also 42 U.S.”
Durden v. Colvin, 191 F. Supp. 3d 429 (M.D. Penn. 2016).
“17 (a) (VA definition of total disability based on unemploya-bility) with 20 C.F.R. §§ 404.1505 , 416.905 (SSA definition of disability for adults); see e.”
Fleischer v. Astrue, 774 F. Supp. 2d 875 (N.D. Ohio 2011).
“20 C.F.R. § 404.1505 (a). Consideration of disability claims follows the familiar five step review process.”
Webb v. Berryhill, 294 F. Supp. 3d 824 (2018).
· cites it 3× “§§ 416 (I), 423(d)(1) ; 20 C.F.R. § 404.1505 . The impairment must be severe, making the claimant unable to do his previous work, or any other substantial gainful activity which exists in the national economy.”
Ella Mae Cannon v. Patricia Harris, Sec'y of Health, Educ. & Welfare, 651 F.2d 513 (7th Cir. 1981).
· cites it 2× “908, and his residual functional capacity, 20 C.F.R. §§ 404.1505 , 416.905. “[Wjhen the findings of fact made as to all factors coincide with the criteria of a rule, [contained in the guidelines], that rule directs a factual conclusion of disabled or not disabled.”
— 20 C.F.R. § 404.1505(a) — 30 cases
Tommaso Fargnoli v. Larry G. Massanari, Comm'r, Soc. Sec. Admin., 247 F.3d 34 (3rd Cir. 2001).
“1988)); see also 20 C.F.R. § 404.1505 (a). A claimant is considered unable to engage in any substantial gainful activity “only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his…”
— 20 C.F.R. § 404.1505(a)(1983) — 2 cases
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