20 C.F.R. § 404.1602

Definitions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

For purposes of this subpart:

Act means the Social Security Act, as amended.

Class or classes of cases means the categories into which disability claims are divided according to their characteristics.

Commissioner means the Commissioner of Social Security or his or her authorized designee.

Compassionate allowance means a determination or decision we make under a process that identifies for expedited handling claims that involve impairments that invariably qualify under the Listing of Impairments in appendix 1 to subpart P based on minimal, but sufficient, objective medical evidence.

Determination of disability or disability determination means one or more of the following decisions:

(a) Whether or not a person is under a disability;

(b) The date a person's disability began; or

(c) The date a person's disability ended.

Disability means disability or blindness as defined in sections 216(i) and 223 of the Act or as defined in title IV of the Federal Mine Safety and Health Act of 1977, as amended.

Disability determination function means making determinations as to disability and carrying out related administrative and other responsibilities.

Disability program means, as appropriate, the Federal programs for providing disability insurance benefits under title II of the Act and disability benefits under title IV of the Federal Mine Safety and Health Act of 1977, as amended.

Initial means the first level of disability adjudication.

Other written guidelines means written issuances such as Social Security Rulings and memoranda by the Commissioner of Social Security, the Deputy Commissioner for Programs and Policy, or the Associate Commissioner for Disability and the procedures, guides, and operating instructions in the Disability Insurance sections of the Program Operations Manual System, that are instructive, interpretive, clarifying, and/or administrative and not designated as advisory or discretionary. The purpose of including the foregoing material in the definition is to assure uniform national application of program standards and service delivery to the public.

Quick disability determination means an initial determination on a claim that we have identified as one that reflects a high degree of probability that you will be found disabled and where we expect that your allegations will be easily and quickly verified.

Regulations means regulations in this subpart issued under sections 205(a), 221 and 1102 of the Act, unless otherwise indicated.

State means any of the 50 States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, or Guam. It includes the State agency.

State agency means that agency of a State which has been designated by the State to carry out the disability determination function.

We, us, and our refers to the Social Security Administration (SSA).

[46 FR 29204, May 29, 1981, as amended at 56 FR 11018, Mar. 14, 1991; 62 FR 38452, July 18, 1997; 72 FR 51177, Sept. 6, 2007; 75 FR 62682, Oct. 13, 2010]
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1979–2024 · leading case: Watson v. Califano, 487 F. Supp. 179 (S.D.N.Y. 1979).
Watson v. Califano, 487 F. Supp. 179 (S.D.N.Y. 1979). · cites it 2× “The regulation set forth in 20 C.F.R. § 404.1602 , promulgated pursuant to the authority granted the Secretary by section 405(a), provides in pertinent part: *185 The Claims Manual sets out a preference list of representative payees as follows: *184 Before any amount shall be…”
Doctors' Prof. Assn. v. St. Emp. Rel. Bd., Unpublished Decision (11-4-2004), 2004 Ohio 5839 (Ohio Ct. App. 2004). “" (Appellant's merit brief, at 7, citing 20 C.F.R. 404.1602 et seq.; see declaration of Cindy Mayti.”
Mays v. Kijakazi (N.D. Ill. 2022). · cites it 2× “objects to the ALJ’s RFC based on how the ALJ discredited plaintiff’s symptoms and Dr.”
Bowers v. Comm'r of Soc. Sec. (D.N.J. 2020). “20 CFR § 404.1602 . “Critical cases” that qualify for CAL treatment may be identified both at the initial level or at later stages of review.”
Hoekzema v. Comm'r of Soc. Sec. (S.D. Ohio 2023). “” 20 C.F.R. § 404.1602 . Early-Onset Alzheimer’s Disease (“EOA”) is one of the medical conditions that may qualify for expedited CAL handling.”
Moffett v. Kijakazi (S.D. Cal. 2024). “” 11 20 C.F.R. § 404.1602 . 12 At this point, there appears to be “little authority concerning the compassionate 13 allowance program.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.