[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: 20CFR220.46]



[Page 269-270]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

                    Subpart F_Evidence of Disability

 

Sec.  220.46  Medical evidence.



    (a) Acceptable sources. The Board needs reports about the claimant's 

impairment(s) from acceptable medical sources. Acceptable medical 

sources are--

    (1) Licensed physicians;

    (2) Licensed osteopaths;

    (3) Licensed or certified psychologists;

    (4) Licensed optometrists for the measurement of visual acuity and 

visual fields (a report from a physician may be needed to determine 

other aspects of eye diseases); and

    (5) Persons authorized to furnish a copy or summary of the records 

of a medical facility. Generally, the copy or summary should be 

certified as accurate by the custodian or by any authorized employee of 

the Railroad Retirement Board, Social Security Administration, 

Department of Veterans Affairs, or State agency.

    (b) Medical reports. Medical reports should include--

    (1) Medical history;

    (2) Clinical findings (such as the results of physical or mental 

status examinations);

    (3) Laboratory findings (such as blood pressure, x-rays);

    (4) Diagnosis (statement of disease or injury based on its signs and 

symptoms);

    (5) Treatment prescribed, with response to treatment and prognosis; 

and

    (6)(i) Statements about what the claimant can still do despite his 

or her impairment(s) based on the medical source's findings on the 

factors under paragraph (b)(1) through (5) of this section (except in 

disability claims for remarried widow's and surviving divorced spouses). 

(See Sec.  220.112).

    (ii) Statements about what the claimant can still do (based on the 

medical source's findings on the factors under paragraph (b)(1) through 

(5) of this section) should describe--

    (A) The medical source's opinion about the claimant's ability, 

despite his or her impairment(s), to do work-



[[Page 270]]



related activities such as sitting, standing, moving about, lifting, 

carrying, handling objects, hearing, speaking, and traveling; and

    (B) In cases of mental impairment(s), the medical source's opinion 

about the claimant's ability to reason or make occupational, personal, 

or social adjustments. (See Sec.  220.112).

    (c) Completeness. The medical evidence, including the clinical and 

laboratory findings, must be complete and detailed enough to allow the 

Board to make a determination about whether or not the claimant is 

disabled. It must allow the Board to determine--

    (1) The nature and limiting effects of the claimant's impairment(s) 

for any period in question;

    (2) The probable duration of the claimant's impairment(s); and

    (3) The claimant's residual functional capacity to do work-related 

physical and mental activities.

    (d) Evidence from physicians. A statement by or the opinion of the 

claimant's treating physician will not determine whether the claimant is 

disabled. However, the medical evidence provided by a treating physician 

will be considered by the Board in making a disability decision. A 

treating physician is a doctor to whom the claimant has been going for 

treatment on a continuing basis. The claimant may have more than one 

treating physician. The Board may use consulting physicians or other 

medical consultants for specialized examinations or tests, to obtain 

more complete evidence, and to resolve any conflicts. A consulting 

physician is a doctor (often a specialist) to whom the claimant is 

referred for an examination once or on a limited basis. (See Sec.  

220.50 for an explanation of when the Board may request a consultative 

examination.)

    (e) Information from other sources. Information from other sources 

may also help the Board understand how an impairment affects the 

claimant's ability to work. Other sources include--

    (1) Public and private social welfare agencies;

    (2) Observations by nonmedical sources;

    (3) Other practitioners (for example, naturopaths, chiropractors, 

audiologists, etc.); and

    (4) Railroad and nonrailroad employers.



(Approved by the Office of Management and Budget under control number 

3220-0038)