§ 106(e)(3)(B)

clauses (i) and (ii) do not apply

UNDECIDED

0 of 2 settled

  1. 1

    § 106(e)(3)(B)

    ANY OF
    “the employee ceases to be an eligible individual by reason of” Opening words
    “the death of the employee”
    “the employee becoming disabled (within the meaning of section 72(m)(7))” needs Step 2 Considered disabled UNDECIDED
  2. 2

    § 72(m)(7)

    Considered disabled

    ALL OF
    “an individual shall be considered to be disabled if he is unable 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 to be of long-continued and indefinite duration.”

    “Substantial” implies facts and circumstances. Cited by Reg. § 1.217-2(d)(1)(ii), Reg. § 1.402A-1(b)(2), Reg. § 1.402A-1(e), Reg. § 1.403(b)-6(c), Reg. § 1.403(b)-6(d)(1)(i), Reg. § 1.408-1(c)(6), Reg. § 1.408A-6(b)(2), Reg. § 1.408A-6(d)(3)(h), Reg. § 1.409-1(d)(2)(i), Reg. § 1.72-17(b)(4), Reg. § 1.72-17(e)(1)(ii)(b), Reg. § 1.72-17(f)(1), Reg. § 1.72-17(f)(2)(ix), Reg. § 1.72-17(f)(3), Reg. § 1.72-17(f)(4), Reg. § 1.72-17A(a), Reg. § 1.72-17A(f)(1), Reg. § 1.72-17A(f)(2)(ix), Reg. § 1.72-17A(f)(3), Reg. § 1.72-17A(f)(4), Reg. § 1.72-18(b)(2)(ii), Reg. § 1.79-2(b)(4)(i)

    “An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require.”