C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) › Subpart Q—Determinations of Disability

20 C.F.R. § 404.1613

Disability determinations the State makes

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(a) General rule. A State agency will make determinations of disability with respect to all persons in the State except those individuals whose cases are in a class specifically excluded by our written guidelines. A determination of disability made by the State is the determination of the Commissioner, except as described in § 404.1503(d)(1).

(b) New classes of cases. Where any new class or classes of cases arise requiring determinations of disability, we will determine the conditions under which a State may choose not to make the disability determinations. We will provide the State with the necessary funding to do the additional work.

(c) Temporary transfer of classes of cases. We will make disability determinations for classes of cases temporarily transferred to us by the State agency if the State agency asks us to do so and we agree. The State agency will make written arrangements with us which will specify the period of time and the class or classes of cases we will do.

[46 FR 29204, May 29, 1981, as amended at 62 FR 38452, July 18, 1997]
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2012–2024 · leading case: Hooper v. Colvin, 199 F. Supp. 3d 796 (S.D.N.Y. 2016).
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Hooper v. Colvin, 199 F. Supp. 3d 796 (S.D.N.Y. 2016). · cites it 2× “Casimir qualifies as an “acceptable medical source” under 20 C.F.R. § 404.1613 (c), assessments from the nurse practitioner and social workers would have provided additional insight to inform the ALJ’s decision.”
Tripp v. Astrue, 489 F. App'x 951 (7th Cir. 2012). “§ 421 (a)(1); 20 CFR §§ 404.1613 , 416.1013) examined the medical record and projected that, by the January 2008 anniversary of Tripp’s auto accident, he should be able to sit, or stand and walk, for six hours of an eight-hour work day.”
Armstrong v. New Mexico Disability Determination Servs., 278 F. Supp. 3d 1193 (D.N.M. 2017). “” 20 C.F.R. § 404.1613 . In New Mexico, the Defendant New Mexico Disability Determination Services (“NMDDS”) makes those determinations.”
Taylor v. Comm'r of Soc. Sec. (E.D.N.Y 2024). “” 20 C.F.R. §§ 404.1613 , 416.1013. maintaining a schedule, punctuality, interacting with supervisors, and changes in expectations during her depressed states.”
Coughlin v. O'Malley (E.D.N.Y 2024). “” 20 C.F.R. §§ 404.1613 , 416.1013. Coughlin’s medical records showed that she was hospitalized in February 2016 after blogging about suicide.”
Ortiz v. Kijakazi (E.D. Wash. 2022). “See 20 C.F.R. §§ 404.1613 (a)(2), 18 416.913(a)(2) (“A medical opinion is a statement from a medical source about 19 what you can still do despite your impairment(s) .”
Michael Tripp v. Michael Astrue (7th Cir. 2012). “§ 421 (a)(1); 20 CFR §§ 404.1613 , 416.1013) examined the medical record and projected that, by the January 2008 anniversary of Tripp’s auto accident, he should be able to sit, or stand and walk, for six hours of an eight‐hour work day.”
Michael Tripp v. Michael Astrue (7th Cir. 2012). “§ 421 (a)(1); 20 CFR §§ 404.1613 , 416.1013) examined the medical record and projected that, by the January 2008 anniversary of Tripp’s auto accident, he should be able to sit, or stand and walk, for six hours of an eight‐hour work day.”
Michael Tripp v. Michael Astrue (7th Cir. 2012). “§ 421 (a)(1); 20 CFR §§ 404.1613 , 416.1013) examined the medical record and projected that, by the January 2008 anniversary of Tripp’s auto accident, he should be able to sit, or stand and walk, for six hours of an eight‐hour work day.”
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