20 C.F.R. § 404.1578

How we determine disability for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991

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(a) For monthly benefits payable for months prior to January 1991, we will find that you were disabled and pay you widow's or widower's benefits as a widow, widower, or surviving divorced spouse if—

(1) Your impairment(s) had specific clinical findings that were the same as those for any impairment in the Listing of Impairments in appendix 1 of this subpart or were medically equivalent to those for any impairment shown there;

(2) Your impairment(s) met the duration requirement.

(b) However, even if you met the requirements in paragraphs (a) (1) and (2) of this section, we will not find you disabled if you were doing substantial gainful activity.

[57 FR 30121, July 8, 1992]
Notes of Decisions
Cited in 49 cases (1 in the last 5 years), 1981–2026 · leading case: Sullivan v. Finkelstein
Sullivan v. Finkelstein (1990) scotus · cites it 2× “or are medically equivalent to" one of the listed impairments, 20 CFR § 404.1578 (a)(1) (1989). Cf.”
Coreen L. SPRAGUE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee (1987) ca9 “20 C.F.R. § 404.1578 (1985); Dorton, <a href="/opinion/469108/daisy-dorton-plaintiff-appellant-v-margaret-m-heckler-secretary-of/#365" aria-description="Citation for case: Daisy DORTON, Plaintiff-Appellant, v.”
Bradley v. Bowen (1987) arwd · cites it 2× “1 *280 The regulations referred to in the statute are found in 20 C.F.R. § 404.1578 . They read as follows: (a) We will find that you are disabled and pay you widow’s or widower’s benefits as a widow, widower, or surviving divorced spouse if— (1) Your impairment(s) has specific…”
Daisy DORTON, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee (1986) ca6 “20 C.F.R. § 404.1578 (a)(1). An individual cannot qualify for widow’s disability benefits unless specific clinical findings show that she suffers from one of these impairments or that she suffers from one or more unlisted impairments that singly or in combination are the medical…”
Lorene H. Deters v. Secretary of Health, Education and Welfare (1986) ca5 “…label="22"> 22 . 20 C.F.R. § 404.1578 (1985). 23 . 20 C.F.R. § 404.1526 (1985); see Sullivan v”
James M. FARRELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-App (1989) ca7 “…are medically equivalent in severity to a listed impairment. See 20 C.F.R. § 404.1578 (a)(1) (1988). Farrell claims that his impairments meet or are equivalent to the impairments set forth in section 1.05(C) and section 11.-08 of the Listing of Impairments. The standard of…”
Emma Jane PULLEN, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee (1987) ca4 “…of benefits if she suffered from a disability found in the Listing of Impairments. 20 C.F.R. § 404.1578 ; 20 C.F.R. § 416.920 (d). One of the Listed Impairments, Section 12.05 C, provides that an applicant is disabled if she has “a verbal, performance, or full scale IQ of…”
Jean M. Gallagher on Behalf of Eleanor Gallagher v. Richard S. Schweiker, Secretary of Health and Human Services (1983) ca2 “1520 (d) (general disability claimants), 20 C.F.R. § 404.1578 (a)(1) (widow’s disability claimants).”
Floretta LAND, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee (1986) ca6 “…impairments that singly or in combination are the equivalent of a listed impairment. 20 C.F.R. § 404.1578 (a)(1) (1986). Plaintiff contends that she meets the impairments listed at sections 1.05(B) and (C), and, alternatively, that the combination of her impairments is the…”
Rose M. Smith v. Richard Schweiker, Secretary of the Dept. Of Health and Human Services (1982) ca3 “20 C.F.R. § 404.1578 (a)(1). See also 20 C.”
Ruth Hansen v. Margaret M. Heckler, Secretary of Health and Human Services (1986) ca10 “” 20 C.F.R. § 404.1578 (a)(1). 1 Hansen contends that she meets the criteria for a functional psychotic disorder listed in Appendix 1 at section 12.”
— 20 C.F.R. § 404.1578(a) — 1 case
— 20 C.F.R. § 404.1578(a)(1) — 1 case
Bryant v. Bowen (1988) njd
— 20 C.F.R. § 404.1578(a)(c) — 1 case
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