(a) Non-severe impairment(s). An impairment or combination of impairments is not severe if it does not significantly limit your physical or mental ability to do basic work activities.
(b) Basic work activities. When we talk about basic work activities, we mean the abilities and aptitudes necessary to do most jobs. Examples of these include—
(1) Physical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling;
(2) Capacities for seeing, hearing, and speaking;
(3) Understanding, carrying out, and remembering simple instructions;
(4) Use of judgment;
(5) Responding appropriately to supervision, co-workers and usual work situations; and
(6) Dealing with changes in a routine work setting.
[82 FR 5869, Jan. 18, 2017]
Notes of Decisions
Oliver v. Utah Labor Comm'n, 2017 UT 39 (Utah 2017).
· cites it 5× “' 20 C.F.R. § 404.1522 (a). Infra ¶ 75. Thus, in the concurrence's view, the term "limit" in the permanent total disability statute is a "legal term[ ] of art that [has been] transplanted from federal disability law in this case.”
Claire McDonald v. Sec'y of Health & Human Servs., 795 F.2d 1118 (1st Cir. 1986).
· cites it 4× “20 C.F.R. § 404.1522 (1981). Congress specifically overruled this policy of the Secretary in its 1984 amendments to the Social Security Act, which became effective on December 1, 1984.”
Lorain Ann Stiffler v. Martin O'Malley, 102 F.4th 1102 (9th Cir. 2024).
“” 20 C.F.R. § 404.1522 (b)(6). As the Supreme Court has explained in another context, “[t]he workplace includes those areas and items that are related to work and are generally within the employer’s control.”
Bailey v. Sullivan, 885 F.2d 52 (3d Cir. 1989).
· cites it 6× “The district court adhered to its prior decision that insofar as the regulations, 20 C.F.R. §§ 404.1522 and 416.922, precluded consideration of the combined effect of nonsevere impairments, they violated the SSA because they require multiple impairments to be considered…”
Smith v. Comm'r of Soc. Sec., 351 F. Supp. 3d 270 (W.D.N.Y. 2018).
“The Commissioner's Regulations define "basic work activities" as "the abilities and aptitudes necessary to do most jobs," including "walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling"; "[c]apacities for seeing, hearing, and speaking";…”
Cardoza v. Comm'r of Soc. Sec., 353 F. Supp. 3d 267 (S.D. Ill. 2019).
“" "Basic work activities" are currently defined under 20 C.F.R. § 404.1522 (b). Additionally, Cardoza does not point to any evidence in the record suggesting that his asthma contributed to any functional limitations.”
Wilson v. Sullivan, 734 F. Supp. 157 (D.N.J. 1990).
· cites it 6× “1989), the Court of Appeals for the Third Circuit found that the policy was openly applied through 20 C.F.R. §§ 404.1522 and 416.922; however, plaintiffs insist the policy was public only after August 20, 1980, when SSR 82-55 became effective.”
20 C.F.R. § 404.1522(a): 4 cases
20 C.F.R. § 404.1522(b): 6 cases
20 C.F.R. § 404.1522(b)(1): 1 case
20 C.F.R. § 404.1522(c): 1 case
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