TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER III - SOCIAL SECURITY ADMINISTRATION

PART 404 - FEDERAL OLD - AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )

subpart p - DETERMINING DISABILITY AND BLINDNESS

404.1546 - Responsibility for assessing your residual functional capacity.

  (a) Responsibility for assessing residual functional capacity at the State agency. When a State agency makes the disability determination, a State agency medical or psychological consultant(s) is responsible for assessing your residual functional capacity.

  (b) Responsibility for assessing residual functional capacity in the disability hearings process. If your case involves a disability hearing under 404.914, a disability hearing officer is responsible for assessing your residual functional capacity. However, if the disability hearing officer's reconsidered determination is changed under 404.918, the Associate Commissioner for the Office of Disability Determinations or his or her delegate is responsible for assessing your residual functional capacity.

  (c) Responsibility for assessing residual functional capacity at the administrative law judge hearing or Appeals Council level. If your case is at the administrative law judge hearing level under 404.929 or at the Appeals Council review level under 404.967, the administrative law judge or the administrative appeals judge at the Appeals Council (when the Appeals Council makes a decision) is responsible for assessing your residual functional capacity.

[68 FR 51162, Aug. 26, 2003]