Disability means inability to engage in any SGA by reason of any medically determinable physical or mental impairment which can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months.

The 1967 amendments specified that workers shall be determined to be under a disability only if the physical or mental impairment or impairments are of such severity that the individual is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy. This is regardless of whether:

• •

  such work exists in the immediate area in which the claimant lives, or

• •

  a specific job vacancy exists, or

• •

  the claimant would be hired if he or she applied for work.

The statute also specifies that “work which exists in the national economy means work which exists in significant numbers either in the region where such individuals lives or in several regions of the country.”

Disability meant the inability to engage in any SGA by reason of any medically determinable physical or mental impairment which could be expected to result in death or to be of long-continued and indefinite duration. In addition, the individual had to be under a disability at the time the application was filed.

An individual who meets the statutory definition of blindness meets the disability requirement for purposes of the freeze regardless of ability to engage in SGA. Such blindness alone does not necessarily constitute disability for a Disability Insurance Benefit (DIB) (i.e., cash benefit) purposes. To be eligible for DIB, blind persons under age 55, like those with other impairments, must be unable to engage in any SGA. (See DI 10105.065B.2. below for a special definition of disability for blind persons age 55-full retirement age (FRA).

The 1965 amendments introduced a special definition of disability for DIB purposes for NH's who are:

• •

  statutorily blind, and

• •

  at least 55 years of age

For these persons, disability is defined as inability by reason of such blindness to engage in SGA requiring skills or abilities comparable to those of any gainful activity in which they have previously engaged with some regularity and over a substantial period of time. Where a blind NH is 55 or older and cannot qualify for DIB under this provision, the disqualifying SGA is referred to as “comparable” SGA. Payments to persons who qualify under this provision and to any auxiliaries entitled on their earnings record (E/R) will be suspended for any months in which the NH is engaging in any type of SGA (See DI 41005.020, DI 10105.095, DI 26005.001D, DI 13050.001, and DI 26001.010). Payment may be initiated or reinstated for any month in which it is determined the NH is not engaging in SGA. A person is not considered to be under a disability unless he or she furnishes such proof of its existence as may be required. (See DI 10105.065)