Basic definition of disability

CurrencyCurrent through May 31, 2023
Citation 20 C.F.R. §404.1505
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72 cases
  • Tims v. Colvin, CIVIL ACTION NO. 16-70-EWD CONSENT CASE
    • United States
    • U.S. District Court — Middle District of Louisiana
    • September 11, 2017
    ...physical or mental impairment lasting at least 12 months that prevents the claimant from engaging in substantial gainful activity. 20 C.F.R. §§ 404.1505, 416.905. In determining disability, the Commissioner, through the ALJ, works through a five-step sequential evaluation process. See, 20 C......
  • Cioppa v. Astrue, Civil Action No. 10-12221-DJC
    • United States
    • U.S. District Court — District of Massachusetts
    • December 22, 2011
    ...or has lasted or can be expected to last for a continuous period of not less than twelve months." 42 U.S.C. §§ 416(i), 423(d)(1)(a); 20 C.F.R. § 404.1505. The inability must be severe, rendering the claimant unable to do his or her previous work or any other substantial gainful activity whi......
  • McLaughlin v. Berryhill, CASE NO. 5:16-cv-01512
    • United States
    • U.S. District Court — Northern District of Ohio
    • May 4, 2017
    ...is entitled to receive benefits under the Social Security Act when he/she establishes disability within the meaning of the Act. 20 C.F.R. § 404.1505 & 416.905; Kirk v. Sec'y of Health & Human Servs., 667 F.2d 524 (6th Cir. 1981). A claimant is considered disabled when she cannot perform "su......
  • Bradley v. O'Malley
    • United States
    • U.S. District Court — Northern District of Alabama
    • February 16, 2024
    ...physical or mental impairment expected to result in death or to last twelve or more continuous months. See 42 U.S.C. § 1382c(a)(3)(A); 20 C.F.R. § 404.1505. At step two, ALJ had to determine whether Plaintiff had a medically determinable impairment or combination of impairments that is “sev......
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2 books & journal articles
  • Section 11 Definition of "Disability"
    • United States
    • The Missouri Bar Social Security Administration Practice and Procedure Guidebook Chapter 3 Sequential Disability Evaluation Process
    • Invalid date
    ...that can be expected to result in death or that has lasted or can be expected to last for a continuous period of at least 12 months. 20 C.F.R. §§ 404.1505(a) and 416.905(a). The sequential evaluation is a process that, with the exception of Step 3, see §§25–48, infra, relating to the Listin......
  • Section 11 Definition of “Disability”
    • United States
    • The Missouri Bar Administrative Law Deskbook Chapter 22 Social Security Administration Practice and ProcedureSocial Security Administration Practice and Procedure
    • Invalid date
    ...that can be expected to result in death or that has lasted or can be expected to last for a continuous period of at least 12 months. 20 C.F.R. §§ 404.1505(a) and 416.905(a). The sequential evaluation is a process that, with the exception of Step 3, see §§22.25–22.48, infra, relating to the ......