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20 CFR 416.934

§ 416.934 Impairments that may warrant a finding of presumptive disability or presumptive blindness.

United States · 20 CFR — Employees' Benefits · Status: effective

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20 CFR 416.934, § 416.934 Impairments that may warrant a finding of presumptive disability or presumptive blindness, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/79440
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We may make findings of presumptive disability and presumptive blindness in specific impairment categories without obtaining any medical evidence. These specific impairment categories are— (a) Amputation of a leg at the hip; (b) Allegation of total deafness; (c) Allegation of total blindness; (d) Allegation of bed confinement or immobility without a wheelchair, walker, or crutches, due to a longstanding condition, excluding recent accident and recent surgery; (e) Allegation of a stroke (cerebral vascular accident) more than 3 months in the past and continued marked difficulty in walking or using a hand or arm; (f) Allegation of cerebral palsy, muscular dystrophy or muscle atrophy and marked difficulty in walking (e.g., use of braces), speaking, or coordination of the hands or arms. (g) Allegation of Down syndrome. (h) Allegation of intellectual disability or another neurodevelopmental impairment (for example, autism spectrum disorder) with complete inability to independently perform basic self-care activities (such as toileting, eating, dressing, or bathing) made by another person who files on behalf of a claimant who is at least 4 years old. (i) Allegation of amyotrophic lateral sclerosis (ALS, Lou Gehrig's disease). (j) Infants weighing less than 1200 grams at birth, until attainment of 1 year of age. (k) Infants weighing at least 1200 but less than 2000 grams at birth, and who are small for gestational age, until attainment of 1 year of age. (Small for gestational age means a birth weight that is at or more than 2 standard deviations below the mean or that is less than the third growth percentile for the gestational age of the infant.)

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.