---
kind: "range"
citation: "20 C.F.R. §§ 416.920–416.923"
title: "20"
from: "416.920"
to: "416.923"
count: 7
url: "https://uscodex.org/cfr/20/416.920..416.923"
---

# §416.920. Evaluation of disability of adults, in general.

- (a) **General—**
  - (1) **Purpose of this section.** This section explains the five-step sequential evaluation process we use to decide whether you are disabled, as defined in [§ 416.905](/cfr/20/416.905.md).
  - (2) **Applicability of these rules.** These rules apply to you if you are age 18 or older and you file an application for Supplemental Security Income disability benefits.
  - (3) **Evidence considered.** We will consider all evidence in your case record when we make a determination or decision whether you are disabled. See [§ 416.920b](/cfr/20/416.920b.md).
  - (4) **The five-step sequential evaluation process.** The sequential evaluation process is a series of five “steps” that we follow in a set order. See [paragraph (h)](#h) of this section for an exception to this rule. If we can find that you are disabled or not disabled at a step, we make our determination or decision and we do not go on to the next step. If we cannot find that you are disabled or not disabled at a step, we go on to the next step. Before we go from step three to step four, we assess your residual functional capacity. (See [paragraph (e)](#e) of this section.) We use this residual functional capacity assessment at both step four and at step five when we evaluate your claim at these steps. These are the five steps we follow:
    - (i) **At the first step, we consider your work activity, if any.** If you are doing substantial gainful activity, we will find that you are not disabled. (See [paragraph (b)](#b) of this section.)
    - (ii) **At the second step, we consider the medical severity of your impairment(s).** If you do not have a severe medically determinable physical or mental impairment that meets the duration requirement in [§ 416.909](/cfr/20/416.909.md), or a combination of impairments that is severe and meets the duration requirement, we will find that you are not disabled. (See [paragraph (c)](#c) of this section.)
    - (iii) **At the third step, we also consider the medical severity of your impairment(s).** If you have an impairment(s) that meets or equals one of our listings in appendix 1 to [subpart P of part 404](/cfr/20/part404-subpartP.md) of this chapter and meets the duration requirement, we will find that you are disabled. (See [paragraph (d)](#d) of this section.)
    - (iv) At the fourth step, we consider our assessment of your residual functional capacity and your past relevant work. If you can still do your past relevant work, we will find that you are not disabled. See paragraphs [(f)](#f) and [(h)](#h) of this section and [§ 416.960(b)](/cfr/20/416.960.md?p=b).
    - (v) At the fifth and last step, we consider our assessment of your residual functional capacity and your age, education, and work experience to see if you can make an adjustment to other work. If you can make an adjustment to other work, we will find that you are not disabled. If you cannot make an adjustment to other work, we will find that you are disabled. See paragraphs [(g)](#g) and [(h)](#h) of this section and [§ 416.960(c)](/cfr/20/416.960.md?p=c).
  - (5) **When you are already receiving disability benefits.** If you are already receiving disability benefits, we will use a different sequential evaluation process to decide whether you continue to be disabled. We explain this process in [§ 416.994(b)(5)](/cfr/20/416.994.md?p=b-5).
- (b) **If you are working.** If you are working and the work you are doing is substantial gainful activity, we will find that you are not disabled regardless of your medical condition or your age, education, and work experience.
- (c) **You must have a severe impairment.** If you do not have any impairment or combination of impairments which significantly limits your physical or mental ability to do basic work activities, we will find that you do not have a severe impairment and are, therefore, not disabled. We will not consider your age, education, and work experience.
- (d) **When your impairment(s) meets or equals a listed impairment in appendix 1.** If you have an impairment(s) which meets the duration requirement and is listed in appendix 1 or is equal to a listed impairment(s), we will find you disabled without considering your age, education, and work experience.
- (e) **When your impairment(s) does not meet or equal a listed impairment.** If your impairment(s) does not meet or equal a listed impairment, we will assess and make a finding about your residual functional capacity based on all the relevant medical and other evidence in your case record, as explained in [§ 416.945](/cfr/20/416.945.md). (See [paragraph (g)(2)](#g-2) of this section and [§ 416.962](/cfr/20/416.962.md) for an exception to this rule.) We use our residual functional capacity assessment at the fourth step of the sequential evaluation process to determine if you can do your past relevant work ([paragraph (f)](#f) of this section) and at the fifth step of the sequential evaluation process (if the evaluation proceeds to this step) to determine if you can adjust to other work ([paragraph (g)](#g) of this section).
- (f) **Your impairment(s) must prevent you from doing your past relevant work.** If we cannot make a determination or decision at the first three steps of the sequential evaluation process, we will compare our residual functional capacity assessment, which we made under [paragraph (e)](#e) of this section, with the physical and mental demands of your past relevant work. See [paragraph (h)](#h) of this section and [§ 416.960(b)](/cfr/20/416.960.md?p=b). If you can still do this kind of work, we will find that you are not disabled.
- (g) **Your impairment(s) must prevent you from making an adjustment to any other work.**
  - (1) If we find that you cannot do your past relevant work because you have a severe impairment(s) (or you do not have any past relevant work), we will consider the same residual functional capacity assessment we made under [paragraph (e)](#e) of this section, together with your vocational factors (your age, education, and work experience) to determine if you can make an adjustment to other work. (See [§ 416.960(c)](/cfr/20/416.960.md?p=c).) If you can make an adjustment to other work, we will find you not disabled. If you cannot, we will find you disabled.
  - (2) We use different rules if you meet one of the two special medical-vocational profiles described in [§ 416.962](/cfr/20/416.962.md). If you meet one of those profiles, we will find that you cannot make an adjustment to other work, and that you are disabled.
- (h) **Expedited process.** If we do not find you disabled at the third step, and we do not have sufficient evidence about your past relevant work to make a finding at the fourth step, we may proceed to the fifth step of the sequential evaluation process. If we find that you can adjust to other work based solely on your age, education, and the same residual functional capacity assessment we made under [paragraph (e)](#e) of this section, we will find that you are not disabled and will not make a finding about whether you can do your past relevant work at the fourth step. If we find that you may be unable to adjust to other work or if [§ 416.962](/cfr/20/416.962.md) may apply, we will assess your claim at the fourth step and make a finding about whether you can perform your past relevant work. See [paragraph (g)](#g) of this section and [§ 416.960(c)](/cfr/20/416.960.md?p=c).

# §416.920a. Evaluation of mental impairments.

- (a) **General.** The steps outlined in §§ [416.920](/cfr/20/416.920.md) and [416.924](/cfr/20/416.924.md) apply to the evaluation of physical and mental impairments. In addition, when we evaluate the severity of mental impairments for adults (persons age 18 and over) and in persons under age 18 when Part A of the Listing of Impairments is used, we must follow a special technique at each level in the administrative review process. We describe this special technique in [paragraphs (b) through (e)](#b..e) of this section. Using this technique helps us:
  - (1) Identify the need for additional evidence to determine impairment severity;
  - (2) Consider and evaluate functional consequences of the mental disorder(s) relevant to your ability to work; and
  - (3) **Organize and present our findings in a clear, concise, and consistent manner.**
- (b) **Use of the technique.**
  - (1) Under the special technique, we must first evaluate your pertinent symptoms, signs, and laboratory findings to determine whether you have a medically determinable mental impairment(s). See [§ 416.921](/cfr/20/416.921.md) for more information about what is needed to show a medically determinable impairment. If we determine that you have a medically determinable mental impairment(s), we must specify the symptoms, signs, and laboratory findings that substantiate the presence of the impairment(s) and document our findings in accordance with [paragraph (e)](#e) of this section.
  - (2) We must then rate the degree of functional limitation resulting from the impairment(s) in accordance with [paragraph (c)](#c) of this section and record our findings as set out in [paragraph (e)](#e) of this section.
- (c) **Rating the degree of functional limitation.**
  - (1) Assessment of functional limitations is a complex and highly individualized process that requires us to consider multiple issues and all relevant evidence to obtain a longitudinal picture of your overall degree of functional limitation. We will consider all relevant and available clinical signs and laboratory findings, the effects of your symptoms, and how your functioning may be affected by factors including, but not limited to, chronic mental disorders, structured settings, medication, and other treatment.
  - (2) We will rate the degree of your functional limitation based on the extent to which your impairment(s) interferes with your ability to function independently, appropriately, effectively, and on a sustained basis. Thus, we will consider such factors as the quality and level of your overall functional performance, any episodic limitations, the amount of supervision or assistance you require, and the settings in which you are able to function. See 12.00C through 12.00H of the Listing of Impairments in appendix 1 to [subpart P of part 404](/cfr/20/part404-subpartP.md) of this chapter for more information about the factors we consider when we rate the degree of your functional limitation.
  - (3) We have identified four broad functional areas in which we will rate the degree of your functional limitation: Understand, remember, or apply information; interact with others; concentrate, persist, or maintain pace; and adapt or manage oneself. See 12.00E of the Listing of Impairments in appendix 1 to [subpart P of part 404](/cfr/20/part404-subpartP.md) of this chapter.
  - (4) When we rate your degree of limitation in these areas (understand, remember, or apply information; interact with others; concentrate, persist, or maintain pace; and adapt or manage oneself), we will use the following five-point scale: None, mild, moderate, marked, and extreme. The last point on the scale represents a degree of limitation that is incompatible with the ability to do any gainful activity.
- (d) **Use of the technique to evaluate mental impairments.** After we rate the degree of functional limitation resulting from your impairment(s), we will determine the severity of your mental impairment(s).
  - (1) If we rate the degrees of your limitation as “none” or “mild,” we will generally conclude that your impairment(s) is not severe, unless the evidence otherwise indicates that there is more than a minimal limitation in your ability to do basic work activities (see [§ 416.922](/cfr/20/416.922.md)).
  - (2) If your mental impairment(s) is severe, we must then determine if it meets or is equivalent in severity to a listed mental disorder. We do this by comparing the medical findings about your impairment(s) and the rating of the degree of functional limitation to the criteria of the appropriate listed mental disorder. We will record the presence or absence of the criteria and the rating of the degree of functional limitation on a standard document at the initial and reconsideration levels of the administrative review process, or in the decision at the administrative law judge hearing and Appeals Council levels (in cases in which the Appeals Council issues a decision). See [paragraph (e)](#e) of this section.
  - (3) If we find that you have a severe mental impairment(s) that neither meets nor is equivalent in severity to any listing, we will then assess your residual functional capacity.
- (e) **Documenting application of the technique.** At the initial and reconsideration levels of the administrative review process, we will complete a standard document to record how we applied the technique. At the administrative law judge hearing and Appeals Council levels (in cases in which the Appeals Council issues a decision), we will document application of the technique in the decision. The following rules apply:
  - (1) When a State agency medical or psychological consultant makes the determination together with a State agency disability examiner at the initial or reconsideration level of the administrative review process as provided in [§ 416.1015(c)(1)](/cfr/20/416.1015.md?p=c-1) of this part, the State agency medical or psychological consultant has overall responsibility for assessing medical severity. A State agency disability examiner may assist in preparing the standard document. However, our medical or psychological consultant must review and sign the document to attest that it is complete and that he or she is responsible for its content, including the findings of fact and any discussion of supporting evidence.
  - (2) When a State agency disability examiner makes the determination alone as provided in [§ 416.1015(c)(3)](/cfr/20/416.1015.md?p=c-3), the State agency disability examiner has overall responsibility for assessing medical severity and for completing and signing the standard document.
  - (3) When a disability hearing officer makes a reconsideration determination as provided in [§ 416.1015(c)(4)](/cfr/20/416.1015.md?p=c-4), the determination must document application of the technique, incorporating the disability hearing officer's pertinent findings and conclusions based on this technique.
  - (4) At the administrative law judge hearing and Appeals Council levels, the written decision must incorporate the pertinent findings and conclusions based on the technique. The decision must show the significant history, including examination and laboratory findings, and the functional limitations that were considered in reaching a conclusion about the severity of the mental impairment(s). The decision must include a specific finding as to the degree of limitation in each of the functional areas described in [paragraph (c)](#c) of this section.
  - (5) If the administrative law judge requires the services of a medical expert to assist in applying the technique but such services are unavailable, the administrative law judge may return the case to the State agency or the appropriate Federal component, using the rules in [§ 416.1441](/cfr/20/416.1441.md) of this part, for completion of the standard document. If, after reviewing the case file and completing the standard document, the State agency or Federal component concludes that a determination favorable to you is warranted, it will process the case using the rules found in § [416.1441(d)](/cfr/20/416.1441.md?p=d) or [(e)](/cfr/20/416.1441.md?p=e) of this part. If, after reviewing the case file and completing the standard document, the State agency or Federal component concludes that a determination favorable to you is not warranted, it will send the completed standard document and the case to the administrative law judge for further proceedings and a decision.

# §416.920b. How we consider evidence.


After we review all of the evidence relevant to your claim, we make findings about what the evidence shows.

- (a) **Complete and consistent evidence.** If all of the evidence we receive, including all medical opinion(s), is consistent and there is sufficient evidence for us to determine whether you are disabled, we will make our determination or decision based on that evidence.
- (b) **Incomplete or inconsistent evidence.** In some situations, we may not be able to make our determination or decision because the evidence in your case record is insufficient or inconsistent. We consider evidence to be insufficient when it does not contain all the information we need to make our determination or decision. We consider evidence to be inconsistent when it conflicts with other evidence, contains an internal conflict, is ambiguous, or when the medical evidence does not appear to be based on medically acceptable clinical or laboratory diagnostic techniques. If the evidence in your case record is insufficient or inconsistent, we may need to take the additional actions in [paragraphs (b)(1) through (4)](#b-1..b-4) of this section.
  - (1) If any of the evidence in your case record, including any medical opinion(s) and prior administrative medical findings, is inconsistent, we will consider the relevant evidence and see if we can determine whether you are disabled based on the evidence we have.
  - (2) If the evidence is consistent but we have insufficient evidence to determine whether you are disabled, or if after considering the evidence we determine we cannot reach a conclusion about whether you are disabled, we will determine the best way to resolve the inconsistency or insufficiency. The action(s) we take will depend on the nature of the inconsistency or insufficiency. We will try to resolve the inconsistency or insufficiency by taking any one or more of the actions listed in [paragraphs (b)(2)(i) through (b)(2)(iv)](#b-2-i..b-2-iv) of this section. We might not take all of the actions listed below. We will consider any additional evidence we receive together with the evidence we already have.
    - (i) We may recontact your medical source. We may choose not to seek additional evidence or clarification from a medical source if we know from experience that the source either cannot or will not provide the necessary evidence. If we obtain medical evidence over the telephone, we will send the telephone report to the source for review, signature, and return;
    - (ii) We may request additional existing evidence;
    - (iii) We may ask you to undergo a consultative examination at our expense (see [§§ 416.917 through 416.919t](/cfr/20/416.917..416.919t.md)); or
    - (iv) We may ask you or others for more information.
  - (3) When there are inconsistencies in the evidence that we cannot resolve or when, despite efforts to obtain additional evidence, the evidence is insufficient to determine whether you are disabled, we will make a determination or decision based on the evidence we have.
- (c) **Evidence that is inherently neither valuable nor persuasive.** [Paragraphs (c)(1) through (c)(3)](#c-1..c-3) apply in claims filed (see [§ 416.325](/cfr/20/416.325.md)) on or after March 27, 2017. Because the evidence listed in paragraphs ((c)(1)-(c)(3) of this section is inherently neither valuable nor persuasive to the issue of whether you are disabled or blind under the Act, we will not provide any analysis about how we considered such evidence in our determination or decision, even under [§ 416.920c](/cfr/20/416.920c.md):
  - (1) **Decisions by other governmental agencies and nongovernmental entities.** See [§ 416.904](/cfr/20/416.904.md).
  - (2) **Disability examiner findings.** Findings made by a State agency disability examiner made at a previous level of adjudication about a medical issue, vocational issue, or the ultimate determination about whether you are disabled.
  - (3) **Statements on issues reserved to the Commissioner.** The statements listed in [paragraphs (c)(3)(i) through (c)(3)(ix)](#c-3-i..c-3-ix) of this section would direct our determination or decision that you are or are not disabled or blind within the meaning of the Act, but we are responsible for making the determination or decision about whether you are disabled or blind:
    - (i) Statements that you are or are not disabled, blind, able to work, or able to perform regular or continuing work;
    - (ii) Statements about whether or not you have a severe impairment(s);
    - (iii) Statements about whether or not your impairment(s) meets the duration requirement (see [§ 416.909](/cfr/20/416.909.md));
    - (iv) Statements about whether or not your impairment(s) meets or medically equals any listing in the Listing of Impairments in [Part 404](/cfr/20/part404.md), [Subpart P](/cfr/20/subpartP.md), Appendix 1;
    - (v) If you are a child, statements about whether or not your impairment(s) functionally equals the listings in [Part 404](/cfr/20/part404.md) [Subpart P](/cfr/20/subpartP.md) Appendix 1 (see [§ 416.926a](/cfr/20/416.926a.md));
    - (vi) If you are an adult, statements about what your residual functional capacity is using our programmatic terms about the functional exertional levels in [Part 404](/cfr/20/part404.md), [Subpart P](/cfr/20/subpartP.md), Appendix 2, [Rule 200.00](/cfr/20/200.00.md) instead of descriptions about your functional abilities and limitations (see [§ 416.945](/cfr/20/416.945.md));
    - (vii) If you are an adult, statements about whether or not your residual functional capacity prevents you from doing past relevant work (see [§ 416.960](/cfr/20/416.960.md));
    - (viii) If you are an adult, statements that you do or do not meet the requirements of a medical-vocational rule in [Part 404](/cfr/20/part404.md), [Subpart P](/cfr/20/subpartP.md), Appendix 2; and
    - (ix) Statements about whether or not your disability continues or ends when we conduct a continuing disability review (see [§ 416.994](/cfr/20/416.994.md)).

# §416.920c. How we consider and articulate medical opinions and prior administrative medical findings for claims filed on or after March 27, 2017.


For claims filed (see [§ 416.325](/cfr/20/416.325.md)) on or after March 27, 2017, the rules in this section apply. For claims filed before March 27, 2017, the rules in [§ 416.927](/cfr/20/416.927.md) apply.

- (a) **How we consider medical opinions and prior administrative medical findings.** We will not defer or give any specific evidentiary weight, including controlling weight, to any medical opinion(s) or prior administrative medical finding(s), including those from your medical sources. When a medical source provides one or more medical opinions or prior administrative medical findings, we will consider those medical opinions or prior administrative medical findings from that medical source together using the factors listed in [paragraphs (c)(1) through (c)(5)](#c-1..c-5) of this section, as appropriate. The most important factors we consider when we evaluate the persuasiveness of medical opinions and prior administrative medical findings are supportability ([paragraph (c)(1)](#c-1) of this section) and consistency ([paragraph (c)(2)](#c-2) of this section). We will articulate how we considered the medical opinions and prior administrative medical findings in your claim according to [paragraph (b)](#b) of this section.
- (b) **How we articulate our consideration of medical opinions and prior administrative medical findings.** We will articulate in our determination or decision how persuasive we find all of the medical opinions and all of the prior administrative medical findings in your case record. Our articulation requirements are as follows:
  - (1) **Source-level articulation.** Because many claims have voluminous case records containing many types of evidence from different sources, it is not administratively feasible for us to articulate in each determination or decision how we considered all of the factors for all of the medical opinions and prior administrative medical findings in your case record. Instead, when a medical source provides multiple medical opinion(s) or prior administrative medical finding(s), we will articulate how we considered the medical opinions or prior administrative medical findings from that medical source together in a single analysis using the factors listed in [paragraphs (c)(1) through (c)(5)](#c-1..c-5) of this section, as appropriate. We are not required to articulate how we considered each medical opinion or prior administrative medical finding from one medical source individually.
  - (2) **Most important factors.** The factors of supportability ([paragraph (c)(1)](#c-1) of this section) and consistency ([paragraph (c)(2)](#c-2) of this section) are the most important factors we consider when we determine how persuasive we find a medical source's medical opinions or prior administrative medical findings to be. Therefore, we will explain how we considered the supportability and consistency factors for a medical source's medical opinions or prior administrative medical findings in your determination or decision. We may, but are not required to, explain how we considered the factors in [paragraphs (c)(3) through (c)(5)](#c-3..c-5) of this section, as appropriate, when we articulate how we consider medical opinions and prior administrative medical findings in your case record.
  - (3) **Equally persuasive medical opinions or prior administrative medical findings about the same issue.** When we find that two or more medical opinions or prior administrative medical findings about the same issue are both equally well-supported ([paragraph (c)(1)](#c-1) of this section) and consistent with the record ([paragraph (c)(2)](#c-2) of this section) but are not exactly the same, we will articulate how we considered the other most persuasive factors in [paragraphs (c)(3) through (c)(5)](#c-3..c-5) of this section for those medical opinions or prior administrative medical findings in your determination or decision.
- (c) **Factors.** We will consider the following factors when we consider the medical opinion(s) and prior administrative medical finding(s) in your case:
  - (1) **Supportability.** The more relevant the objective medical evidence and supporting explanations presented by a medical source are to support his or her medical opinion(s) or prior administrative medical finding(s), the more persuasive the medical opinions or prior administrative medical finding(s) will be.
  - (2) **Consistency.** The more consistent a medical opinion(s) or prior administrative medical finding(s) is with the evidence from other medical sources and nonmedical sources in the claim, the more persuasive the medical opinion(s) or prior administrative medical finding(s) will be.
  - (3) **Relationship with the claimant.** This factor combines consideration of the issues in [paragraphs (c)(3)(i)-(v)](#c-3-i..c-3-v) of this section.
    - (i) **Length of the treatment relationship.** The length of time a medical source has treated you may help demonstrate whether the medical source has a longitudinal understanding of your impairment(s).
    - (ii) **Frequency of examinations.** The frequency of your visits with the medical source may help demonstrate whether the medical source has a longitudinal understanding of your impairment(s).
    - (iii) **Purpose of the treatment relationship.** The purpose for treatment you received from the medical source may help demonstrate the level of knowledge the medical source has of your impairment(s).
    - (iv) **Extent of the treatment relationship.** The kinds and extent of examinations and testing the medical source has performed or ordered from specialists or independent laboratories may help demonstrate the level of knowledge the medical source has of your impairment(s).
    - (v) **Examining relationship.** A medical source may have a better understanding of your impairment(s) if he or she examines you than if the medical source only reviews evidence in your folder.
  - (4) **Specialization.** The medical opinion or prior administrative medical finding of a medical source who has received advanced education and training to become a specialist may be more persuasive about medical issues related to his or her area of specialty than the medical opinion or prior administrative medical finding of a medical source who is not a specialist in the relevant area of specialty.
  - (5) **Other factors.** We will consider other factors that tend to support or contradict a medical opinion or prior administrative medical finding. This includes, but is not limited to, evidence showing a medical source has familiarity with the other evidence in the claim or an understanding of our disability program's policies and evidentiary requirements. When we consider a medical source's familiarity with the other evidence in a claim, we will also consider whether new evidence we receive after the medical source made his or her medical opinion or prior administrative medical finding makes the medical opinion or prior administrative medical finding more or less persuasive.
- (d) **Evidence from nonmedical sources.** We are not required to articulate how we considered evidence from nonmedical sources using the requirements in [paragraphs (a) through (c)](#a..c) in this section.

# §416.921. Establishing that you have a medically determinable impairment(s).


If you are not doing substantial gainful activity, we will then determine whether you have a medically determinable physical or mental impairment(s) (see [§ 416.920(a)(4)(ii)](/cfr/20/416.920.md?p=a-4-ii)). Your impairment(s) must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques. Therefore, a physical or mental impairment must be established by objective medical evidence from an acceptable medical source. We will not use your statement of symptoms, a diagnosis, or a medical opinion to establish the existence of an impairment(s). After we establish that you have a medically determinable impairment(s), then we determine whether your impairment(s) is severe.


# §416.922. What we mean by an impairment(s) that is not severe in an adult.

- (a) **Non-severe impairment(s).** An impairment or combination of impairments is not severe if it does not significantly limit your physical or mental ability to do basic work activities.
- (b) **Basic work activities.** When we talk about basic work activities, we mean the abilities and aptitudes necessary to do most jobs. Examples of these include—
  - (1) Physical functions such as walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling;
  - (2) Capacities for seeing, hearing, and speaking;
  - (3) Understanding, carrying out, and remembering simple instructions;
  - (4) Use of judgment;
  - (5) Responding appropriately to supervision, co-workers and usual work situations; and
  - (6) **Dealing with changes in a routine work setting.**

# §416.923. Multiple impairments.

- (a) **Unrelated severe impairments.** We cannot combine two or more unrelated severe impairments to meet the 12-month duration test. If you have a severe impairment(s) and then develop another unrelated severe impairment(s) but neither one is expected to last for 12 months, we cannot find you disabled, even though the two impairments in combination last for 12 months.
- (b) **Concurrent impairments.** If you have two or more concurrent impairments that, when considered in combination, are severe, we must determine whether the combined effect of your impairments can be expected to continue to be severe for 12 months. If one or more of your impairments improves or is expected to improve within 12 months, so that the combined effect of your remaining impairments is no longer severe, we will find that you do not meet the 12-month duration test.
- (c) **Combined effect.** In determining whether your physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments could be the basis of eligibility under the law, we will consider the combined effect of all of your impairments without regard to whether any such impairment, if considered separately, would be of sufficient severity. If we do find a medically severe combination of impairments, we will consider the combined impact of the impairments throughout the disability determination process. If we do not find that you have a medically severe combination of impairments, we will determine that you are not disabled (see §§ [416.920](/cfr/20/416.920.md) and [416.924](/cfr/20/416.924.md)).