Disability: Evaluation Steps

[MRA NY]

What is the name of your state (only U.S. law)? NY

in CFR 20 416.920 "Evaluation of disability of adults, in general", (b) states "if you are working, and the work you are doing is substantial gainful activity, we will find that you are not disabled regardless of your medical condition or your age, education , and work experience."

but, item (d) states "If you have an impairment(s) which meets the duration requirement and is listed in appendix 1 or is equal to a listed impairment(s), we will find you disabled without considering your age, education, and work experience."

My daughter (21) has two conditions that are listed (one she meets exactly, the other her condition is equal to or worse). I am currently representing her pro se in Federal District Court. I was not aware of the "list of impairments" until recently (though claim is 3.5 yrs old). I am in the process of writing the brief for the court and am submitting new evidence (letters and e-mails from one of her surgeons regarding her condition as it compares to the items on the list of impairments).

I am confused by the two sections I quoted above. My daughter just started a PT job a few weeks ago, and I think they might consider this substantial employment. If they do consider it such, then according to (b) she can not be classified disabled, but in (d) it says she would be classified as such, if she has an impairment on the list!

Sections (b) and (d) seem at odds with each other. How do I know which one applies?What is the name of your state (only U.S. law)?

[BL]

[url=http://www.workworld.org/wwwebhelp/sga.htm]Substantial Gainful Activity[/url]

And yes if it's determined she is working at substantial gainful employment , she will be denied .