[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: 20CFR220.100]



[Page 276-277]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

                   Subpart H_Evaluation of Disability

 

Sec.  220.100  Evaluation of disability for any regular employment.





    (a) General. The Board uses a set evaluation process, explained in 

paragraph (b) of this section, to determine whether a claimant is 

disabled for any regular employment. This evaluation process applies to 

employees, widow(er)s, and children who have applied for annuities under 

the Railroad Retirement Act based on disability for any regular 

employment. Regular employment means substantial gainful activity as 

that term is defined in Sec.  220.141.

    (b) Steps in evaluating disability. A set order is followed to 

determine whether disability exists. The duration requirement, as 

described in Sec.  220.28, must be met for a claimant to be found 

disabled. The Board reviews any current work activity, the severity of 

the claimant's impairment(s), the claimant's residual functional 

capacity, and the claimant's age, education, and work experience. If the 

Board finds that the claimant is disabled or is not disabled at any step 

in the process, the Board does not review further. (See Sec.  220.105 if 

the claimant is not currently disabled but was previously disabled for a 

specified period of time in the past.) The steps are as follows:

    (1) Claimant is working. If the claimant is working, and the work is 

substantial gainful activity, the Board will find that he or she is not 

disabled regardless of his or her impairments, age, education, or work 

experience. If the claimant is not performing substantial gainful 

activity, the Board will follow paragraph (2) of this section.

    (2) Impairment(s) not severe. If the claimant does not have an 

impairment or combination of impairments which significantly limit his 

or her physical or mental ability to do basic work activities, the Board 

will find that the claimant is not disabled without consideration of 

age, education, or work experience. If the claimant has an impairment or 

combination of impairments which significantly limit his or her ability 

to do basic work activities, the Board will follow paragraph (3) of this 

section. (See Sec.  220.102(b) for a definition of basic work 

activities.)

    (3) Impairment(s) meets or equals one in the Listing of Impairments. 

If the claimant has an impairment or combination of impairments which 

meets the duration requirement and such impairment is listed or is 

medically equal to one which is listed in the Listing of Impairments, 

the Board will find the claimant disabled without considering his or her 

age, education or work experience. (The Listing of Impairments is 

contained in appendix 1 of this part.) If the claimant's impairment or 

combination of impairments is not listed or is not medically equal to 

one which is listed in the Listing of Impairments, the Board will follow 

paragraph (4) of this section. (Medical equivalence is discussed in 

Sec.  220.111).

    (4) Impairment(s) must prevent past relevant work. If the claimant's 

impairment or combination of impairments is not listed or is not 

medically equal to one which is listed in the Listing of Impairments, 

the Board will then review the claimant's residual functional capacity 

(see Sec.  220.120) and the physical and mental demands of past relevant 

work (see Sec.  220.130). If the Board determines that the claimant is 

still able to do his or her past relevant work, the Board will find that 

he or she is not disabled. If the claimant is unable to do his or her 

past relevant work, the Board will follow paragraph (5) of this section.

    (5) Impairment(s) must prevent any other work. (i) If the claimant 

is unable to do his or her past relevant work because of his or her 

impairment or combination of impairments, the Board will review the 

claimant's residual functional capacity and his or her age, education 

and work experience to determine if the claimant is able to do any other 

work. If the claimant cannot do other work, the Board will find him or 

her disabled. If the claimant can do other work, the Board will find the 

claimant not disabled.

    (ii) If the claimant has only a marginal education (see Sec.  

220.129) and long work experience (i.e., 35 years or more)



[[Page 277]]



in which he or she only did arduous unskilled physical labor, and the 

claimant can no longer do this kind of work, the Board will use a 

different rule (see Sec.  220.127) to determine disability.

    (c) Once a claimant has been found eligible to receive a disability 

annuity, the Board follows a somewhat different order of evaluation to 

determine whether the claimant's eligibility continues as explained in 

Sec.  220.180.