[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: 20CFR220.38] [Page 268] TITLE 20--EMPLOYEES' BENEFITS CHAPTER II--RAILROAD RETIREMENT BOARD PART 220_DETERMINING DISABILITY--Table of Contents Subpart E_Disability Determinations Governed by the Regulations of the Social Security Administration Sec. 220.38 When a widow(er)'s disability determination is governed by the regulations of the Social Security Administration. In order to receive an annuity based upon disability, a widow(er) must be found disabled under the Railroad Retirement Act. However, in addition to this determination, the widow(er) must be found disabled under the Social Security Act in order to qualify for early Medicare based upon disability.