[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: 20CFR220.21]



[Page 265-266]

 

                      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.  220.21  Initial evaluation of a previous occupational disability.



    (a) In some cases, the Board may determine that a claimant is not 

currently disabled for work in his or her regular occupation but was 

previously disabled for a specified period of time in the past. This can 

occur when--

    (1) The disability application was filed before the claimant's 

occupational disability ended, but the Board did not make the initial 

determination of occupational disability until after the claimant's 

disability ended; or

    (2) The disability application was filed after the claimant's 

occupational disability ended but no later than the 12th month after the 

month the disability ended.

    (b) When evaluating a claim for a previous occupational disability, 

the Board follows the steps in Sec.  220.13 to determine whether an 

occupational disability existed, and follows the steps in



[[Page 266]]



Sec. Sec.  220.16 and 220.17 to determine when the occupational 

disability ended.



    Example 1: The claimant sustained multiple fractures to his left leg 

in an automobile accident which occurred on June 16, 1982. For a period 

of 18 months following the accident the claimant underwent 2 surgical 

procedures which restored the functional use of his leg. After a 

recovery period following the last surgery, the claimant returned to his 

regular railroad job on February 1, 1984. The claimant, although fully 

recovered medically and regularly employed, filed an application on 

December 3, 1984 for a determination of occupational disability for the 

period June 16, 1982 through January 31, 1984. The Board reviewed his 

claim in January 1985 and determined that he was occupationally disabled 

for the prior period which began on June 16, 1982 and continued through 

January 31, 1984. A disability annuity is payable to the employee only 

for the period December 1, 1983 through January 31, 1984. An annuity may 

not begin any earlier than the 1st day of the 12th month before the 

month in which the application was filed. (See part 218 of this chapter 

for the rules on when an annuity may begin).

    Example 2: The claimant is occupationally disabled using the same 

medical facts disclosed above, beginning June 16, 1982 (the date of the 

automobile accident). The claimant files an application for an 

occupational disability annuity, dated December 1, 1983. However, as of 

February 1, 1984, and before the Board makes a disability determination, 

the claimant returns to his regular railroad job and is no longer 

considered occupationally disabled. The Board reviews the claimant's 

application in May of 1984 and finds him occupationally disabled for the 

period June 16, 1982 through January 31, 1984. A disability annuity is 

payable to the employee from December 1, 1982 through January 31, 1984. 

(See part 218 of this chapter for the rules on when an annuity may 

begin).