Page:United States Statutes at Large Volume 81.djvu/902

 868

7/Stat.^367!^4i3. 42 USC 423.

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

(2) b j Striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Section 223 of such Act is further amended by adding at the end thereof the following new subsection: "Definition of Disability

42 USC 416.

42 USC 402.

,,p mentai^imp^air"'^ ment."

42 USC 422.

79 Stat. 370. 42 USC 402.

" (d)(1) The term 'disability' means— " (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or " (B) in the case of an individual who has attained the age of 55 and is blind ^within the meaning of 'blindness' as defined in section 2 1 6 (i)(l)), inability by reason of such blindness to engage in substantial gainful activity rec|uiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. "(2) For purposes of paragraph (1)(A) — " (A) an individual (except a widow, surviving divorced wife, or widower for purposes of section 202(e) or (f)) shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he 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, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), 'work which exists in the national economy' means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. " (B) A widow, surviving divorced wife, or widower shall not be determined to be under a disability (for purposes of section 202 (e) or (f)) unless his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity. " ( ^) F'or purposes of t h i s subsection, a 'physical o r m e n t a l i m p a i r m e n t ' is a n i m p a i r m e n t that results from a n a to m i c a l, physiological, or psychological a b n o r m a l i t i e s which a r e d e m o n s t r a b l e by medically acceptable clinical and laboratory diagnostic techniques.

"(4) The Secretary shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity. Notwithstanding the provisions of paragraph (2), an individual whose services or earnings meet such criteria shall, except for purposes of section 222(c), be found not to be disabled. "(5) An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Secretary may require." (c)(1) Section 202(d)(1)(B) of such Act is amended by striking out "section 223(c)" and inserting in lieu thereof "section 223(d)". (2) Paragraphs (1), (2), and (3) of section 202(s) of such Act are each amended by striking out "section 223(c)" and inserting in lieu thereof "section 223(d) ".

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