20 CFR 220.125 - When vocational background is considered.

Code of Federal Regulations - Title 20: Employees' Benefits (December 2005)


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TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER II - RAILROAD RETIREMENT BOARD

SUBCHAPTER B - REGULATIONS UNDER THE RAILROAD RETIREMENT ACT

PART 220 - DETERMINING DISABILITY

subpart k - VOCATIONAL CONSIDERATIONS

220.125 - When vocational background is considered.

  (a) General. The Board will consider vocational factors when the claimant is applying for (1) An employee annuity based on disability for any regular employment; (See 220.45(b)) (2) Widow(er) disability annuity; or (3) Child's disability annuity based on disability before age 22.

  (b) Disability determinations in which vocational factors must be considered along with medical evidence. When the Board cannot decide whether the claimant is disabled on medical evidence alone, the Board must use other evidence.

  (1) The Board will use information from the claimant about his or her age, education, and work experience.

  (2) The Board will consider the doctors' reports, and hospital records, as well as the claimant's own statements and other evidence to determine a claimant's residual functional capacity and how it affects the work the claimant can do. Sometimes, to do this, the Board will need to ask the claimant to have special examinations or tests. (See 220.50.) (3) If the Board finds that the claimant can no longer do the work he or she has done in the past, the Board will determine whether the claimant can do other work (jobs) which exist in significant numbers in the national economy.

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