20 C.F.R. § 416.931

The meaning of presumptive disability or presumptive blindness

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If you are applying for supplemental security income benefits on the basis of disability or blindness, we may pay you benefits before we make a formal finding of whether or not you are disabled or blind. In order to receive these payments, we must find that you are presumptively disabled or presumptively blind. You must also meet all other eligibility requirements for supplemental security income benefits. We may make these payments to you for a period not longer than 6 months. These payments will not be considered overpayments if we later find that you are not disabled or blind.

[45 FR 55621, Aug. 20, 1980, as amended at 57 FR 53853, Nov. 13, 1992]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1987–2025 · leading case: Smith ex rel. Smith v. Sec'y of Health & Human Servs., 656 F. Supp. 954 (E.D.N.Y 1987).
Smith ex rel. Smith v. Sec'y of Health & Human Servs., 656 F. Supp. 954 (E.D.N.Y 1987). “20 C.F.R. § 416.931 . Since an adult is not presumed permanently disabled, plaintiff’s argument is without merit.”
Sewell v. Berryhill (D. Del. 2020). “See 20 C.F.R. § 416.931 (claimant who is found presumptively disabled and meets all other eligibility requirements for SSI benefits may be paid benefits prior to formal disability determination); § 416.”
Brooks v. Soc. Sec. Admin. Comm'r (D. Me. 2020). “) The ALJ observed that LCSW Leone did not quantify any specific functional limitations, as required by the regulations governing medical opinions, 20 C.F.R. §§ 416.931 (a)(2) & (a)(2)(i)(B).”
Vommero v. Comm'r of Soc. Sec. Admin. (D. Ariz. 2025). “” 20 C.F.R. §§ 416.931 (a)(2) 27 and 404.1513(a)(2).”
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