20 C.F.R. § 416.906
Basic definition of disability for children
If you are under age 18, we will consider you disabled if you have a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months. Notwithstanding the preceding sentence, if you file a new application for benefits and you are engaging in substantial gainful activity, we will not consider you disabled. We discuss our rules for determining disability in children who file new applications in §§ 416.924 through 416.924b and §§ 416.925 through 416.926a.
Notes of Decisions
Cited in 124
cases (67 in the last 5 years), 1980–2026 · leading case: Darius Scott v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 297 F.3d 589 (7th Cir. 2002).
Darius Scott v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 297 F.3d 589 (7th Cir. 2002). “§ 1382e(a)(3)(A) *594 (1994); 20 C.F.R. § 416.906 (1996). The Commissioner promulgated a four-step test to assist in this evaluation.”
Shinn v. Comm'r of Soc. Sec., 391 F.3d 1276 (11th Cir. 2004). “§ 1382c(a)(3)(C)(i) (setting forth the definition of “disabled” for children under 18); 20 C.F.R. § 416.906 (same). The process begins with the ALJ determining whether the child is “doing substantial gainful activity,” in which case she is considered “not disabled” and is…”
Russell Ex Rel. C.G. v. Astrue, 742 F. Supp. 2d 1355 (N.D. Ga. 2010). “§ 1382c(a)(3)(C)(i); 20 C.F.R. § 416.906 (same). The individual who seeks Social Security disability benefits must prove that he or she is disabled.”
Guthrie Ex Rel. Powe v. Astrue, 604 F. Supp. 2d 104 (D.D.C. 2009). “” 20 C.F.R. § 416.906 . A three-step sequential evaluation is used to determine whether a child is eligible for SSIB on the basis of a disability.”
R.S. By & Through His Guardian Ad Litem v. Berryhill, 357 F. Supp. 3d 1033 (C.D. Cal. 2019). “§ 1382c(a)(3)(C)(i) ; 20 C.F.R. § 416.906 ; see Howard ex rel. Wolff v.”
Colon v. Apfel, 133 F. Supp. 2d 330 (S.D.N.Y. 2001). “, 20 C.F.R. § 416.906 (1998) (“If you are under age 18, we will consider you disabled if you have a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations.”
Jackson Ex Rel. K.J. v. Astrue, 734 F. Supp. 2d 1343 (N.D. Ga. 2010). “if that individual has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12…”
Brown Ex Rel. Brown v. Comm'r of Soc. SEC., 311 F. Supp. 2d 1151 (D. Kan. 2004). “20 C.F.R. §§ 416.906 , 416.924(d)(1); Davenport v.”
Encarnacion Ex Rel. George v. Barnhart, 191 F. Supp. 2d 463 (S.D.N.Y. 2002). “at ¶ 44 (quoting 20 C.F.R. § 416.906 ) (modification from original not reprinted)); and that the combined effects upon overall health and functioning of all of a claimants’s impairments will be considered (Compl.”
Williams ex rel. Williams v. Bowen, 859 F.2d 255 (2d Cir. 1988). “; see also 20 C.F.R. § 416.906 (1988). Pursuant to his authority under the Social Security Act, § 1382c(a)(3)(D), the Secretary has promulgated regulations setting forth specific criteria for determining child disabilities.”
Conway Ex Rel. Tolen v. Astrue, 554 F. Supp. 2d 26 (D.D.C. 2008). “” 20 C.F.R. § 416.906 . A three-step sequential evaluation is used to determine whether a child is eligible for SSIB on the basis of a disability.”
Mattie Ann Coleman v. Comm'r of Soc. Sec., 454 F. App'x 751 (11th Cir. 2011). “§ 1382c(a)(3)(C)(i); 20 C.F.R. § 416.906 . The Social Security regulations establish a three-step process for determining whether a child is disabled.”
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