20 C.F.R. §404.1505 - Basic definition of disability

Cite as20 C.F.R. §404.1505
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7911 cases
  • Riddick v. Comm'r of Soc. Sec.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 29, 2016
    ...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......
  • Lee v. Colvin, CIVIL ACTION NO. 1:12CV-00161-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • May 3, 2013
    ...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......
  • Gordon v. Berryhill, CIVIL ACTION NO. 4:18 CV-00055-HBB
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • January 28, 2019
    ...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......
  • Betts v. Berryhill
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • April 9, 2019
    ...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
  • Case survey
    • United States
    • James Publishing Practical Law Books Bohr's Social Security Issues Annotated - Volume I
    • May 4, 2015
    ...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......
  • SSR 96-8p: Assessing Residual Functional Capacity in Initial Claims
    • United States
    • James Publishing Practical Law Books Social Security Disability Advocate's Handbook Content
    • May 4, 2020
    ...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......
  • Initial client contact
    • United States
    • James Publishing Practical Law Books Social Security Disability Practice. Volume 1-2 Volume 1
    • May 4, 2022
    ...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......
  • Prehearing procedure
    • United States
    • James Publishing Practical Law Books Social Security Disability Practice. Volume 1-2 Volume 1
    • May 4, 2022
    ...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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