20 C.F.R. § 416.901

Scope of subpart

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In order for you to become entitled to any benefits based upon disability or blindness you must be disabled or blind as defined in title XVI of the Social Security Act. This subpart explains how we determine whether you are disabled or blind. We have organized the rules in the following way.

(a) We define general terms, then discuss who makes our disability or blindness determinations and state that disability and blindness determinations made under other programs are not binding on our determinations.

(b) We explain the term disability and note some of the major factors that are considered in determining whether you are disabled in §§ 416.905 through 416.910.

(c) Sections 416.912 through 416.918 contain our rules on evidence. We explain your responsibilities for submitting evidence of your impairment, state what we consider to be acceptable sources of medical evidence, and describe what information should be included in medical reports.

(d) Our general rules on evaluating disability for adults filing new applications are stated in §§ 416.920 through 416.923. We describe the steps that we go through and the order in which they are considered.

(e) Our general rules on evaluating disability for children filing new applications are stated in § 416.924.

(f) Our rules on medical considerations are found in §§ 416.925 through 416.930. We explain in these rules—

(1) The purpose and use of the Listing of Impairments found in appendix 1 of subpart P of part 404 of this chapter;

(2) What we mean by the terms medical equivalence and functional equivalence and how we make those findings;

(3) The effect of a conclusion by your physician that you are disabled;

(4) What we mean by symptoms, signs, and laboratory findings;

(5) How we evaluate pain and other symptoms; and

(6) The effect on your benefits if you fail to follow treatment that is expected to restore your ability to work or, if you are a child, to reduce your functional limitations to the point that they are no longer marked and severe, and how we apply the rule in § 416.930.

(g) In §§ 416.931 through 416.934 we explain that we may make payments on the basis of presumptive disability or presumptive blindness.

(h) In § 416.935 we explain the rules which apply in cases of drug addiction and alcoholism.

(i) In §§ 416.945 through 416.946 we explain what we mean by the term residual functional capacity, state when an assessment of residual functional capacity is required, and who may make it.

(j) Our rules on vocational considerations are in §§ 416.960 through 416.969a. We explain in these rules—

(1) When we must consider vocational factors along with the medical evidence;

(2) How we use our residual functional capacity assessment to determine if you can still do your past relevant work or other work;

(3) How we consider the vocational factors of age, education, and work experience;

(4) What we mean by “work which exists in the national economy”;

(5) How we consider the exertional, nonexertional, and skill requirements of work, and when we will consider the limitations or restrictions that result from your impairment(s) and related symptoms to be exertional, nonexertional, or a combination of both; and

(6) How we use the Medical-Vocational Guidelines in appendix 2 of subpart P of part 404 of this chapter.

(k) Our rules on substantial gainful activity are found in §§ 416.971 through 416.974. These explain what we mean by substantial gainful activity and how we evaluate your work activity.

(l) In §§ 416.981 through 416.985 we discuss blindness.

(m) Our rules on when disability or blindness continues and stops are contained in §§ 416.986 and 416.988 through 416.998. We explain what your responsibilities are in telling us of any events that may cause a change in your disability or blindness status and when we will review to see if you are still disabled. We also explain how we consider the issue of medical improvement (and the exceptions to medical improvement) in determining whether you are still disabled.

[45 FR 55621, Aug. 20, 1980, as amended at 50 FR 50136, Dec. 6, 1985; 56 FR 5553, Feb. 11, 1991; 56 FR 57944, Nov. 14, 1991; 62 FR 6420, Feb. 11, 1997; 65 FR 42788, July 11, 2000; 65 FR 54777, Sept. 11, 2000; 68 FR 51164, Aug. 26, 2003; 91 FR 16830, Apr. 3, 2026]

Notes of Decisions

Cited in 266 cases (181 in the last 5 years), 1977–2026 · leading case: Colyer v. Harris, 519 F. Supp. 692 (S.D. Ohio 1981).

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Colyer v. Harris, 519 F. Supp. 692 (S.D. Ohio 1981). · cites it 7× “Following this discussion, the Court will then consider what effect should be given on remand to the amended regulations which are contained in 20 C.F.R. §§ 416.901 et seq., and which became effective on February 26,1979, subsequent to the ALJ’s decision in the present case.”

Loyce McCoy v. Richard S. Schweiker, Clifford M. Stack v. Richard S. Schweiker, James D. Desedare v. Richard S. Schweiker, 683 F.2d 1138 (8th Cir. 1982). “The same Guidelines also appear in Subpart I of Part 416, 20 C.F.R. §§ 416.901 et seq., which governs claims of disability by persons who meet a prescribed means test and therefore are eligible for supplementary security income (SSI) payments under Title XVI of the Social…”

Clemon J. JAMES, Plaintiff-Appellant, v. Otis W. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 793 F.2d 702 (5th Cir. 1986). “See 20 C.F.R. §§ 416.901 et seq.; Rivers v. Schweiker, 684 F.”

California Advocates for Nursing Home Reform v. Bonta, 130 Cal. Rptr. 2d 823 (Cal. Ct. App. 2003). “§ 1382c(a)(3)(E); 20 C.F.R. §§ 416.901 , 416.1015 (2001)) so that additional state regulations on this subject are also unnecessary; (3) DHS decisions to enforce claims against certain types of life estate arrangements and not against others are based “on legal distinctions as…”

Guthrie Ex Rel. Powe v. Astrue, 604 F. Supp. 2d 104 (D.D.C. 2009). “20 C.F.R. § 416.901 (2008). 3 The Social Security Administration (“SSA”) will consider a child disabled if he or she has “a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that .”

Powell v. Schweiker, 514 F. Supp. 439 (M.D. Fla. 1981). · cites it 3× “20 C.F.R. § 416.901 (b)(1) and (c). For adults age 18 or older, § 416.”

Bailey v. Roob, 567 F.3d 930 (7th Cir. 2009). “Specifically, the decree provided that, “the State of Indiana must obtain and evaluate evidence in determining Medicaid eligibility in the same way that Supplemental Security Income disability determinations are made under 20 C.F.R. 416.901 through 416.988.” In fact, the consent…”

Cirelli v. Astrue, 751 F. Supp. 2d 991 (N.D. Ill. 2010). “The parallel SSI regulations are found at 20 C.F.R. § 416.901 et seq. 4 . The Court notes that Plaintiff improperly relies upon Social Security Ruling ("SSR”) 83-20 for his claim that the ALJ should have consulted a medical expert.”

Chaney-Everett v. Astrue, 839 F. Supp. 2d 1291 (S.D. Fla. 2012). “Part 416, 20 C.F.R. § 416.901 et seq., and are generally identical to those set forth in 20 C.”

Eva M. Rivers v. Richard S. Schweiker, Sec'y of Health & Human Servs., 684 F.2d 1144 (5th Cir. 1982). “See 20 C.F.R. §§ 416.901 et seq. (1982); McCoy v.”

Turner v. Berryhill, 244 F. Supp. 3d 852 (S.D. Ind. 2017). “The SSI regulations are substantially identical to the DIB regulations and are set forth at 20 C.F.R. §§ 416.901 et seq. For convenience, only the DIB regulations are set forth herein.”

Misener v. Astrue, 926 F. Supp. 2d 1016 (N.D. Ind. 2013). “, while the Social Security Income regulations are set forth at 20 C.F.R. § 416.901 et seq. Because the definition of disability and the applicable five-step process of evaluation are identical for both DIB and SSI in all respects relevant to this case, reference will only be…”

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