[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: 20CFR220.14]



[Page 263-264]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

 Subpart C_Disability Under the Railroad Retirement Act for Work in an 

                 Employee's Regular Railroad Occupation

 

Sec.  220.14  Weighing of evidence.



    (a) Factors which support greater weight. Evidence will generally be 

given more weight if it meets one or more of the following criteria:

    (1) The residual functional capacity evaluation is based upon 

functional objective tests with high validity and reliability;

    (2) The medical evidence shows multiple impairments which have a 

cumulative effect on the employee's residual functional capacity;

    (3) Symptoms associated with limitations are consistent with 

objective findings;

    (4) There exists an adequate trial of therapies with good 

compliance, but poor outcome;

    (5) There exists consistent history of conditions between treating 

physicians and other health care providers.

    (b) Factors which support lesser weight. Evidence will generally be 

given lesser weight if it meets one or more of the following criteria:

    (1) There is an inconsistency between the diagnoses of the treating 

physicians;

    (2) There is inconsistency between reports of pain and functional 

impact;

    (3) There is inconsistency between subjective symptoms and physical 

examination findings;

    (4) There is evidence of poor compliance with treatment regimen, 

keeping appointments, or cooperating with treatment;

    (5) There is evidence of exam findings which is indicative of 

exaggerated or potential malingering response;



[[Page 264]]



    (6) The evidence consists of objective findings of exams that have 

poor reliability or validity;

    (7) The evidence consists of imaging findings which are nonspecific 

and largely present in the general population;

    (8) The evidence consists of a residual functional capacity 

evaluation which is supported by limited objective data without 

consideration for functional capacity testing.



[63 FR 7542, Feb. 13, 1998]