(a) State agencies. State agencies make disability and blindness determinations for the Commissioner for most persons living in the State. State agencies make these disability and blindness determinations under regulations containing performance standards and other administrative requirements relating to the disability and blindness determination function. States have the option of turning the function over to the Federal Government if they no longer want to make disability determinations. Also, the Commissioner may take the function away from any State which has substantially failed to make disability and blindness determinations in accordance with these regulations. Subpart J of this part contains the rules the States must follow in making disability and blindness determinations.
(b) Social Security Administration. The Social Security Administration will make disability and blindness determinations for—
(1) Any person living in a State which is not making for the Commissioner any disability and blindness determinations or which is not making those determinations for the class of claimants to which that person belongs; and
(2) Any person living outside the United States.
(c) What determinations are authorized. The Commissioner has authorized the State agencies and the Social Security Administration to make determinations about—
(1) Whether you are disabled or blind;
(2) The date your disability or blindness began; and
(3) The date your disability or blindness stopped.
(d) Review of State agency determinations. On review of a State agency determination or redetermination of disability or blindness we may find that—
(1) You are, or are not, disabled or blind, regardless of what the State agency found;
(2) Your disability or blindness began earlier or later than the date found by the State agency; and
(3) Your disability or blindness stopped earlier or later than the date found by the State agency.
(e) Determinations for childhood impairments. In making a determination under title XVI with respect to the disability of a child, we will make reasonable efforts to ensure that a qualified pediatrician or other individual who specializes in a field of medicine appropriate to the child's impairment(s) evaluates the case of the child.
[46 FR 29211, May 29, 1981, as amended at 52 FR 33927, Sept. 9, 1987; 58 FR 47577, Sept. 9, 1993; 62 FR 38454, July 18, 1997; 65 FR 34958, June 1, 2000; 71 FR 16458, Mar. 31, 2006; 72 FR 51178, Sept. 6, 2007; 82 FR 5874, Jan. 18, 2017]
Notes of Decisions
Cited in
19
cases (
13 in the last 5 years), 1980–2025 · leading case:
Walker v. Harris, 504 F. Supp. 806 (D. Kan. 1980).
Walker v. Harris, 504 F. Supp. 806 (D. Kan. 1980).
· cites it 6× “20 C.F.R. § 416.903 . In order to determine whether a disability claim will be allowed, the regulations set forth a “sequential evaluation” to be followed.”
Jan M. Sexton Salmi v. Sec'y of Health & Human Servs., 774 F.2d 685 (6th Cir. 1985).
“55,349, 55,371 (1978) (to be codified at 20 C.F.R. § 416.903 (c)). In the comments to the amended regulations, the Secretary asserted that the new language clarified the previous regulations and that: [TJhere is no intention to alter the levels of severity for a finding of…”
Martin v. Schweiker, 562 F. Supp. 912 (D. Kan. 1982).
“00 to 20 C.F.R. § 416.903 . More importantly, the ALJ makes the assumption that plaintiff can perform the entire range of sedentary work.”
Stewart v. Colvin, 16 F. Supp. 3d 1209 (D. Or. 2014).
“…on behalf and under the supervision of the Social Security Administration pursuant to 42 U.S.C. § 421 (a) and 20 C.F.R. § 416.903 .”
Coleman ex rel. J.C. v. Colvin, 981 F. Supp. 2d 749 (N.D. Ill. 2013).
“” 20 C.F.R. § 416.903 . The ALJ applies a three-step sequential evaluation to determine whether an individual under the age of 18 is disabled.”
Lardo v. Bldg. Serv. 32BJ Pension Fund (S.D.N.Y. 2021).
· cites it 2× “According to Defendants, the SSA does not make determinations of permanent disability because it relies on the determinations of state agencies instead, see 20 C.F.R. § 416.903 (a) (“State agencies make disability .”
Brown v. Kijakazi (D.D.C. 2022).
“See 20 C.F.R. §§ 416.903 , 404.1503. These agencies are under contract to the SSA and operate in accordance with the rules, regulations, and standards promulgated by the SSA.”
Sanders v. Comm'r of Soc. Sec. (M.D. Fla. 2022).
“§ 421 (a); 20 C.F.R. § 416.903 (a). impairments; (3) if so, whether these impairments meet or equal an impairment listed in the Listing of Impairments; (4) if not, whether the claimant has the residual functional capacity (“RFC”) to perform [her] past relevant work; and (5) if…”
Scheib v. Comm'r (M.D. Fla. 2023).
“§ 421 (a); 20 C.F.R. § 416.903 (a). The governing regulations provide that the Social Security Administration conducts this “administrative review process in an informal, non-adversarial manner.”
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