---
kind: "section"
citation: "20 C.F.R. § 220.21"
title: "20"
number: "220.21"
heading: "Initial evaluation of a previous occupational disability."
url: "https://uscodex.org/cfr/20/220.21"
---

# §220.21. Initial evaluation of a previous occupational disability.

- (a) In some cases, the Board may determine that a claimant is not currently disabled for work in his or her regular occupation but was previously disabled for a specified period of time in the past. This can occur when—
  - (1) The disability application was filed before the claimant's occupational disability ended, but the Board did not make the initial determination of occupational disability until after the claimant's disability ended; or
  - (2) The disability application was filed after the claimant's occupational disability ended but no later than the 12th month after the month the disability ended.
- (b) When evaluating a claim for a previous occupational disability, the Board follows the steps in [§ 220.13](/cfr/20/220.13.md) to determine whether an occupational disability existed, and follows the steps in §§ [220.16](/cfr/20/220.16.md) and [220.17](/cfr/20/220.17.md) to determine when the occupational disability ended.

## Notes

### Authority

Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.

### Source

Source: 56 FR 12980, Mar. 28, 1991, unless otherwise noted.