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  <FDSYS>
    <CFRTITLE>20</CFRTITLE>
    <CFRTITLETEXT>Employees' Benefits</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2002-04-01</DATE>
    <ORIGINALDATE>2002-04-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Evaluation of disability in general.</TITLE>
    <GRANULENUM>404.1520</GRANULENUM>
    <HEADING>Section 404.1520</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 20" SEQ="4">Employees' Benefits</PARENT>
      <PARENT HEADING="CHAPTER III" SEQ="3">SOCIAL SECURITY ADMINISTRATION</PARENT>
      <PARENT HEADING="PART 404" SEQ="2">FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- )</PARENT>
      <PARENT HEADING="Subpart P" SEQ="1">Determining Disability and Blindness</PARENT>
      <PARENT HEADING="" SEQ="0">Evaluation of Disability</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 404.1520</SECTNO>
    <SUBJECT>Evaluation of disability in general.</SUBJECT>
    <P>(a) <E T="03">Steps in evaluating disability.</E> We consider all evidence in your case record when we make a determination or decision whether you are disabled. When you file a claim for a period of disability and/or disability insurance benefits or for child's benefits based on disability, we use the following evaluation process. If you are doing substantial gainful activity, we will determine that you are not disabled. If you are not doing substantial gainful activity, we will first consider the effect of your physical or mental impair-ment; if you have more than one impair-ment, we will also consider the combined effect <PRTPAGE P="364"/>of your impair-ments. Your impair-ment(s) must be severe and meet the duration requirement before we can find you to be disabled. We follow a set order to determine whether you are disabled. We review any current work activity, the severity of your impair-ment(s), your residual functional capacity, your past work, and your age, education, and work experience. If we can find that you are disabled or not disabled at any point in the review, we do not review your claim further. Once you have been found entitled to disability benefits, we follow a somewhat different order of evaluation to determine whether your entitlement continues, as explained in § 404.1594(f).</P>
    <P>(b) <E T="03">If you are working.</E> If you are working and the work you are doing is substantial gainful activity, we will find that you are not disabled regardless of your medical condition or your age, education, and work experience.</P>
    <P>(c) <E T="03">You must have a severe impair-ment.</E> If you do not have any impair-ment or combination of impair-ments which significantly limits your physical or mental ability to do basic work activities, we will find that you do not have a severe impair-ment and are, therefore, not disabled. We will not consider your age, education, and work experience. However, it is possible for you to have a period of disability for a time in the past even though you do not now have a severe impair-ment.</P>
    <P>(d) <E T="03">When your impair-ment(s) meets or equals a listed impair-ment in appendix 1.</E> If you have an impair-ment(s) which meets the duration requirement and is listed in appendix 1 or is equal to a listed impair-ment(s), we will find you disabled without considering your age, education, and work experience.</P>
    <P>(e) <E T="03">Your impair-ments(s) must prevent you from doing past relevant work.</E> If we cannot make a decision based on your current work activity or on medical facts alone, and you have a severe impair-ment(s), we then review your residual functional capacity and the physical and mental demands of the work you have done in the past. If you can still do this kind of work, we will find that you are not disabled.</P>
    <P>(f) <E T="03">Your impair-ment(s) must prevent you from doing any other work.</E> (1) If you cannot do any work you have done in the past because you have a severe impair-ment(s), we will consider your residual functional capacity and your age, education, and past work experience to see if you can do other work. If you cannot, we will find you disabled.</P>
    <P>(2) If you have only a marginal education, and long work experience (i.e., 35 years or more) where you only did arduous unskilled physical labor, and you can no longer do this kind of work, we use a different rule (see § 404.1562).</P>
    <CITA>[50 FR 8727, Mar. 5, 1985; 50 FR 19164, May 7, 1985, as amended at 56 FR 36960, Aug. 1, 1991; 65 FR 80308, Dec. 21, 2000]</CITA>
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