---
kind: "section"
citation: "20 C.F.R. § 404.1578"
title: "20"
number: "404.1578"
heading: "How we determine disability for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991."
url: "https://uscodex.org/cfr/20/404.1578"
---

# §404.1578. How we determine disability for widows, widowers, and surviving divorced spouses for monthly benefits payable for months prior to January 1991.

- (a) For monthly benefits payable for months prior to January 1991, we will find that you were disabled and pay you widow's or widower's benefits as a widow, widower, or surviving divorced spouse if—
  - (1) Your impairment(s) had specific clinical findings that were the same as those for any impairment in the Listing of Impairments in appendix 1 of this subpart or were medically equivalent to those for any impairment shown there;
  - (2) **Your impairment(s) met the duration requirement.**
- (b) However, even if you met the requirements in [paragraphs (a)](#a) (1) and (2) of this section, we will not find you disabled if you were doing substantial gainful activity.

## Notes

### Amendments

[57 FR 30121, July 8, 1992]

### Authority

Authority: 42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a) and (h)-(j), 422(c), 423, 425, 902(a)(5), and 1320e-3; sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

### Source

Source: 45 FR 55584, Aug. 20, 1980, unless otherwise noted.

### Amendments

[57 FR 30121, July 8, 1992]