C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart I—Determining Disability and Blindness

20 C.F.R. § 416.934

Impairments that may warrant a finding of presumptive disability or presumptive blindness

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We may make findings of presumptive disability and presumptive blindness in specific impairment categories without obtaining any medical evidence. These specific impairment categories are—

(a) Amputation of a leg at the hip;

(b) Allegation of total deafness;

(c) Allegation of total blindness;

(d) Allegation of bed confinement or immobility without a wheelchair, walker, or crutches, due to a longstanding condition, excluding recent accident and recent surgery;

(e) Allegation of a stroke (cerebral vascular accident) more than 3 months in the past and continued marked difficulty in walking or using a hand or arm;

(f) Allegation of cerebral palsy, muscular dystrophy or muscle atrophy and marked difficulty in walking (e.g., use of braces), speaking, or coordination of the hands or arms.

(g) Allegation of Down syndrome.

(h) Allegation of intellectual disability or another neurodevelopmental impairment (for example, autism spectrum disorder) with complete inability to independently perform basic self-care activities (such as toileting, eating, dressing, or bathing) made by another person who files on behalf of a claimant who is at least 4 years old.

(i) Allegation of amyotrophic lateral sclerosis (ALS, Lou Gehrig's disease).

(j) Infants weighing less than 1200 grams at birth, until attainment of 1 year of age.

(k) Infants weighing at least 1200 but less than 2000 grams at birth, and who are small for gestational age, until attainment of 1 year of age. (Small for gestational age means a birth weight that is at or more than 2 standard deviations below the mean or that is less than the third growth percentile for the gestational age of the infant.)

[45 FR 55621, Aug. 20, 1980, as amended at 50 FR 5574, Feb. 11, 1985; 53 FR 3741, Feb. 9, 1988; 56 FR 65684, Dec. 18, 1991; 67 FR 58046, Nov. 19, 2001; 68 FR 51693, Aug. 28, 2003; 80 FR 19530, Apr. 13, 2015; 81 FR 66178, Sept. 26, 2016]
Notes of Decisions
Cited in 10 cases, 1978–2018 · leading case: Lloyd Thompson v. Richard S. Schweiker, Sec'y of Health & Human Servs., 665 F.2d 936 (9th Cir. 1982).
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Lloyd Thompson v. Richard S. Schweiker, Sec'y of Health & Human Servs., 665 F.2d 936 (9th Cir. 1982). “See 20 C.F.R. § 416.934 (1980) (revised 1981 under § 416.”
Child.'s Hosp. Ass'n of Tex. v. Azar, 300 F. Supp. 3d 190 (D.C. Cir. 2018). “§ 1396a(a)(10)(A)(i)(II) (children are eligible for Medicaid if they are eligible for Supplemental Security Income ("SSI") ); 20 C.F.R. § 416.934 (j) (children born weighing less than 1,200 grams are presumptively eligible for SSI).”
Tex. Child.'s Hosp. v. Azar, 315 F. Supp. 3d 322 (D.C. Cir. 2018). “In 1981, Congress amended Medicaid to require states to ensure that payments to hospitals "take into account ... the situation of hospitals which serve a disproportionate number of low-income patients with special needs.”
Bertha M. Brenner v. Richard Schweiker, Sec'y of Dep't of Health & Human Servs. of the United States, 711 F.2d 96 (8th Cir. 1983). “974(2), (3) (1983) (formerly codified at 20 C.F.R. § 416.934 (a) (1980)) provides in pertinent part: (2) We consider only the amounts you earn.”
Scherer v. Schweiker, 530 F. Supp. 128 (S.D.N.Y. 1982). “20 C.F.R. § 416.934 (b)(1) (1980). 13 . 20 C.”
State, Dep't of Health & Soc. Servs., Div. of Pub. Assistance v. Gross, 347 P.3d 116 (Alaska 2015). “The regulation also requires the Department to examine "the SSI program's presumptive disability criteria under 20 CFR. 416.934," 7 AAC 40.180(b)(1)(A), but Gross has not alleged eligibility under those criteria.”
Lackey v. N. C. Dep't of Human Resources, 283 S.E.2d 377 (N.C. Ct. App. 1981). “Under applicable federal regulations, § 20 C.F.R. 416.934, respondent Department could have attempted to *67 show petitioner’s ability to engage in gainful activity, thereby rebutting his evidence of disability, by showing that petitioner did in fact have earnings from such…”
Smith ex rel. Smith v. Sec'y of Health & Human Servs., 656 F. Supp. 954 (E.D.N.Y 1987). “20 C.F.R. § 416.934 (i). An adult with Down’s Syndrome is not, as plaintiff contends, presumed permanently disabled.”
Raffa v. Califano, 454 F. Supp. 125 (S.D.N.Y. 1978). · cites it 2× “20 C.F.R. § 416.934 (b) (1977). Defendant alleges that plaintiff’s earnings, in 1974, bring plaintiff within the ambit of this regulation.”
Texas Child.'s Hosp. v. Burwell (D.D.C. 2018). “§ 1396a(a)(10)(A)(i)(II)(children are eligible for Medicaid if they are eligible for Supplemental Security Income); 20 C.F.R. § 416.934 (j)(children born weighing less than 1,200 grams are eligible for Supplemental Security Income).”
— 20 C.F.R. § 416.934(b) — 1 case
Raffa v. Califano, 454 F. Supp. 125 (S.D.N.Y. 1978). “20 C.F.R. § 416.934 (b) (1977). Defendant alleges that plaintiff’s earnings, in 1974, bring plaintiff within the ambit of this regulation.”
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