[Code of Federal Regulations] [Title 20, Volume 1] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR220.1] [Page 239-242] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 220_DETERMINING DISABILITY--Table of Contents Subpart A_General Sec. 220.1 Introduction of part. Subpart A_General Sec. 220.1 Introduction of part. 220.2 The basis for the Board's disability decision. [[Page 240]] 220.3 Determinations by other organizations and agencies. Subpart B_General Definitions of Terms Used In This Part 220.5 Definitions as used in this part. Subpart C_Disability Under the Railroad Retirement Act for Work in an Employee's Regular Railroad Occupation 220.10 Disability for work in an employee's regular railroad occupation. 220.11 Definitions as used in this subpart. 220.12 Evidence considered. 220.13 Establishment of permanent disability for work in regular railroad occupation. 220.14 Weighing of evidence. 220.15 Effects of work on occupational disability. 220.16 Responsibility to notify the Board of events which affect disability. 220.17 Recovery from disability for work in the regular occupation. 220.18 The reentitlement period. 220.19 Payment of the disability annuity during the trial work period and the reentitlement period. 220.20 Notice that an annuitant is no longer disabled. 220.21 Initial evaluation of a previous occupational disability. Subpart D_Disability Under the Railroad Retirement Act for Any Regular Employment 220.25 General. 220.26 Disability for any regular employment, defined. 220.27 What is needed to show an impairment. 220.28 How long the impairment must last. 220.29 Work that is considered substantial gainful activity. 220.30 Special period required for eligibility of widow(er)s. Subpart E_Disability Determinations Governed by the Regulations of the Social Security Administration 220.35 Introduction. 220.36 Period of disability. 220.37 When a child's disability determination is governed by the regulations of the Social Security Administration. 220.38 When a widow(er)'s disability determination is governed by the regulations of the Social Security Administration. 220.39 Disability determination for a surviving divorced spouse or remarried widow(er). Subpart F_Evidence of Disability 220.45 Providing evidence of disability. 220.46 Medical evidence. 220.47 Purchase of existing medical evidence. 220.48 If the claimant fails to submit medical or other evidence. Subpart G_Consultative Examinations 220.50 Consultative examinations at the Board's expense. 220.51 Notice of the examination. 220.52 Failure to appear at a consultative examination. 220.53 When the Board will purchase a consultative examination and how it will be used. 220.54 When the Board will not purchase a consultative examination. 220.55 Purchase of consultative examinations at the reconsideration level. 220.56 Securing medical evidence at the hearings officer hearing level. 220.57 Types of purchased examinations and selection of sources. 220.58 Objections to the designated physician or psychologist. 220.59 Requesting examination by a specific physician, psychologist or institution--hearings officer hearing level. 220.60 Diagnostic surgical procedures. 220.61 Informing the examining physician or psychologist of examination scheduling, report content and signature requirements. 220.62 Reviewing reports of consultative examinations. 220.63 Conflict of interest. 220.64 Program integrity. Subpart H_Evaluation of Disability 220.100 Evaluation of disability for any regular employment. 220.101 Evaluation of mental impairments. 220.102 Non-severe impairment(s), defined. 220.103 Two or more unrelated impairments--initial claims. 220.104 Multiple impairments. 220.105 Initial evaluation of a previous disability. Subpart I_Medical Considerations 220.110 Listing of Impairments in appendix 1 of this part. 220.111 Medical equivalence. 220.112 Conclusions by physicians concerning the claimant's disability. 220.113 Symptoms, signs, and laboratory findings. 220.114 Evaluation of symptoms, including pain. 220.115 Need to follow prescribed treatment. [[Page 241]] Subpart J_Residual Functional Capacity 220.120 The claimant's residual functional capacity. 220.121 Responsibility for assessing and determining residual functional capacity. Subpart K_Vocational Considerations 220.125 When vocational background is considered. 220.126 Relationship of ability to do work and residual functional capacity. 220.127 When the only work experience is arduous unskilled physical labor. 220.128 Age as a vocational factor. 220.129 Education as a vocational factor. 220.130 Work experience as a vocational factor. 220.131 Work which exists in the national economy. 220.132 Physical exertion requirements. 220.133 Skill requirements. 220.134 Medical-vocational guidelines in appendix 2 of this part. 220.135 Exertional and nonexertional limitations. Subpart L_Substantial Gainful Activity 220.140 General. 220.141 Substantial gainful activity, defined. 220.142 General information about work activity. 220.143 Evaluation guides for an employed claimant. 220.144 Evaluation guides for a self-employed claimant. 220.145 Impairment-related work expenses. Subpart M_Disability Annuity Earnings Restrictions 220.160 How work for a railroad employer affects a disability annuity. 220.161 How work affects an employee disability annuity. 220.162 Earnings report. 220.163 Employee penalty deductions. 220.164 Employee end-of-year adjustment. Subpart N_Trial Work Period and Reentitlement Period for Annuitants Disabled for Any Regular Employment 220.170 The trial work period. 220.171 The reentitlement period. Subpart O_Continuing or Stopping Disability Due to Substantial Gainful Activity or Medical Improvement 220.175 Responsibility to notify the Board of events which affect disability. 220.176 When disability continues or ends. 220.177 Terms and definitions. 220.178 Determining medical improvement and its relationship to the annuitant's ability to do work. 220.179 Exceptions to medical improvement. 220.180 Determining continuation or cessation of disability. 220.181 The month in which the Board will find that the annuitant is no longer disabled. 220.182 Before a disability annuity is stopped. 220.183 Notice that the annuitant is not disabled. 220.184 If the annuitant becomes disabled by another impairment(s). 220.185 The Board may conduct a review to find out whether the annuitant continues to be disabled. 220.186 When and how often the Board will conduct a continuing disability review. 220.187 If the annuitant's medical recovery was expected and the annuitant returned to work. Appendix 1 to Part 220--Listing of Impairments Appendix 2 to Part 220--Medical-Vocational Guidelines Appendix 3 to Part 220--Railroad Retirement Board Occupational Disability Standards Authority: 45 U.S.C. 231a; 45 U.S.C. 231f. Source: 56 FR 12980, Mar. 28, 1991, unless otherwise noted. (a) This part explains how disability determinations are made by the Railroad Retirement Board. In some determinations of disability entitlement, as described below, the Board makes the decision of disability under the Railroad Retirement Act based on the regulations set out in this part. However, in certain other determinations of disability entitlement (as also described below) the Board has the authority to decide whether the claimant is disabled as that term is defined in the Social Security Act and the regulations of the Social Security Administration. (b) In order for a claimant to become entitled to a railroad retirement annuity based on disability for his or her regular railroad occupation, or to become entitled to a railroad retirement annuity based on disability for any regular employment as an employee, widow(er), or child, he or she must be disabled as those terms are defined in the Railroad Retirement Act. In order [[Page 242]] for a claimant to become entitled to a period of disability, to early Medicare coverage based on disability, to benefits under the social security overall minimum, or to a disability annuity as a surviving divorced spouse or remarried widow(er), the claimant must be found disabled as that term is defined in the Social Security Act.