[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: 20CFR220.26]



[Page 266]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

 Subpart D_Disability Under the Railroad Retirement Act for Any Regular 

                               Employment

 

Sec.  220.26  Disability for any regular employment, defined.



    An employee, widow(er), or child is disabled for any regular 

employment if he or she is unable to do any substantial gainful activity 

because of a medically determinable physical or mental impairment which 

meets the duration requirement defined in Sec.  220.28. In the case of a 

widow(er), the permanent physical or mental impairment must have 

prevented work in any regular employment before the end of a specific 

period (see Sec.  220.30). In the case of a child, the permanent 

physical or mental impairment must have prevented work in any regular 

employment since before age 22. To meet this definition of disability, a 

claimant must have a severe impairment, which makes him or her unable to 

do any previous work or other substantial gainful activity which exists 

in the national economy. To determine whether a claimant is able to do 

any other work, the Board considers a claimant's residual functional 

capacity, age, education and work experience. See Sec.  220.100 for the 

process by which the Board evaluates disability for any regular 

employment. This process applies to employees, widow(er)s, or children 

who apply for annuities based on disability for any regular employment. 

This process does not apply to surviving divorced spouses or remarried 

widow(er)s who apply for annuities based on disability.