Basic (05-86)

DI 34101.010 Pre-1968 Regulations List of Examples of Disabling Impairments

Sec. 404.1502 Evaluating disability

(a) Whether or not an impairment in a particular case consitutes a disability, as defined in §404.1501(a) and (b)(1) is determined from all the facts of that case. Primary consideration is given to the severity of the individual's impairment. Consideration is also given to such other factors as the individual's age, education, training, and work experience. However, medical considerations alone may justify a finding that the individual is not under a disability where the only impairment is a slight neurosis, slight impairment of sight or hearing, or similar abnormality or combination of slight abnormalities. Also, medical considerations alone (including the physiological and psychological manifestations of aging) may justify a finding that the individual is under a disability where his impairment is one, as shown by the following examples, which would ordinarily be considered as preventing substantial gainful activity, except where other evidence rebuts a finding of “disability,” e.g., the individual is actually engaging in substantial gainful activity. Examples of such impairments are:

1. (1) 

   Loss of use of two limbs.

2. (2) 

   Certain progressive diseases which have resulted in the physical loss or atrophy of a limb, such as diabetes, multiple sclerosis, or Buerger's disease.

3. (3) 

   Diseases of heart, lungs or blood vessels, which have resulted in major loss of hear or lung reserve, as evidence by x-ray, electrocardiogram or other objective findings so that, despite medical treatment, it produces breathlessness, pain or fatigue on slight exertion, such as walking several blocks, using public transportation or doing small chores.

4. (4) 

   Cancer which is inoperable and progressive.

5. (5) 

   Damage to the brain or brain abnormality which has resulted in severe loss of judgment, intellect, orientation or memory.

6. (6) 

   Mental disease (e.g., psychosis or severe psychoneurosis) requiring continued institutionalization or constant supervision of the affected individual.

7. (7) 

   Loss or diminution of vision to the extent that the affected individual has central visual acuity of no better than 20/200 in the better eye after best correction, or has an equivalent concentric contraction of his visual fields.

8. (8) 

   Permanent and total loss of speech.

9. (9) 

   Total deafness uncorrectible by a hearing aid.