[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: 20CFR220.54]



[Page 272]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 220_DETERMINING DISABILITY--Table of Contents

 

                   Subpart G_Consultative Examinations

 

Sec.  220.54  When the Board will not purchase a consultative examination.



    A consultative examination will not be purchased in the following 

situations (these situations are not all-inclusive):

    (a) In disabled widow(er) benefit claims, when the alleged month of 

disability is after the end of the 7-year period specified in Sec.  

216.38 and there is no possibility of establishing an earlier onset, or 

when the 7-year period expired in the past and all the medical evidence 

in the claimant's file establishes that he or she was not disabled on or 

before the expiration date.

    (b) When any issues about the actual performance of substantial 

gainful activity have not been resolved.

    (c) In childhood disability claims, when it is determined that the 

claimant's alleged childhood disability did not begin before the month 

of attainment of age 22. In this situation, the claimant could not be 

entitled to benefits as a disabled child unless found disabled before 

age 22.

    (d) When, on the basis of the claimant's allegations and all 

available medical reports in his or her case file, it is apparent that 

he or she does not have an impairment which will have more than a 

minimal effect on his or her capacity to work.

    (e) Childhood disability claims filed concurrently with the 

employee's claim and entitlement cannot be established for the employee.

    (f) Survivors childhood disability claims where entitlement is 

precluded based on non-disability factors.