20 C.F.R. §404.1505 - Basic definition of disability
| Cite as | 20 C.F.R. §404.1505 |
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7911 cases
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Riddick v. Comm'r of Soc. Sec.
...expected to last for a continuous period of not less than 12 months." Id. at §§ 416(i)(1)(A), 423(d)(1)(A), 1382c(a)(3)(A); see also 20 C.F.R. §§404.1505, 416.905. A claimant's impairments must be "of such severity that he is not only unable to do his previous work but cannot, considering h......
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Lee v. Colvin, CIVIL ACTION NO. 1:12CV-00161-HBB
...last for a continuous period of not less than twelve (12) months."42 U.S.C. §§ 423(d)(1)(A) (Title II), 1382c(a)(3)(A) (Title XVI); 20 C.F.R. §§ 404.1505(a), 416.905(a); Barnhart v. Walton, 535 U.S. 212, 214 (2002); Abbott v. Sullivan, 905 F.2d 918, 923 (6th Cir. 1990). The Commissioner has......
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Gordon v. Berryhill, CIVIL ACTION NO. 4:18 CV-00055-HBB
...for a continuous period of not less than twelve (12) months.Page 5 42 U.S.C. §§ 423(d)(1)(A) (Title II), 1382c(a)(3)(A) (Title XVI); 20 C.F.R. §§ 404.1505(a), 416.905(a); Barnhart v. Walton, 535 U.S. 212, 214 (2002); Abbott v. Sullivan, 905 F.2d 918, 923 (6th Cir. 1990). The Commissioner ha......
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Betts v. Berryhill
...death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 20 C.F.R. §§ 404.130, 404.315 and 404.1505(a).1 A claimant is entitled to a POD only if: (1) he had a disability; (2) he was insured when he became disabled; and (3) he filed while he w......
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7 books & journal articles
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Case survey
...substantial gainful activity that exists in the national economy. Hejna v. Chater , 935 F. Supp. 976, 977 (N.D. Ill. 1996), citing 20 C.F.R. § 404.1505. (4) A district court in Indiana pointed out that the disability standard is a strict one and that a claimant is not necessarily entitled t......
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SSR 96-8p: Assessing Residual Functional Capacity in Initial Claims
...benefits. Hines v. Barnhart , 453 F.3d 559, 562-567 (4th Cir. 2006). §1102.3 RFC — “Regular and Continuing Basis” and Circuit Case Law 20 C.F.R. §§404.1505 (2018) and 416.905 (2018) set out the basic definition of disability and identify the issues adjudicated at step five of the sequential......
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Initial client contact
...Unless an impairment is expected to result in death, it must have lasted or be expected to last for a continuous period of 12 months. 20 C.F.R. §404.1505(a). See also 20 C.F.R. §404.1522(b). The regulation implies that the impairment must be continuously “severe.” This interpretation is a c......
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Prehearing procedure
...to determine a claimant’s medically determinable impairments, which is a threshold issue in the basic definition of disability. 20 C.F.R. §404.1505. The current rules increase the likelihood that SSA will be successful at being the final arbiter of medically determinable impairments. SSA sa......
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1 provisions
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Chapter 58, SB 6808 – Enacts major components of legislation necessary to implement the health and mental hygiene budget for the 2008-2009 fiscal year
...between the ages of fifty and sixty-four, and any resident of any age who has been deter- mined to meet the disability criteria in 20 C.F.R. 404.1505, who: meets the income eligibility levels established under subdivision one or two of section two hundred forty-two of the elder law; is not ......