S.D. Admin. R. 62:01:04:09

Current through Register Vol. 51, page 67, December 16, 2024

Section 62:01:04:09 - Criteria for determining disability if contributory service ended before July 1,1995 - Position of comparable level

An applicant whose contributory service ends prior to July 1, 1995, shall be granted a disability benefit only if the applicant establishes by a preponderance of evidence:

(1) The applicant has a mental or physical impairment which has been diagnosed by a licensed physician;

(2) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from continuing to perform usual duties for the applicant's employer;

(3) At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from performing the duties of a position of comparable level for which the applicant is qualified by education, training, and experience; and

(4) At the time of termination of the applicant's employment, the disability was expected to last at least one year.

Evidence that the applicant could actually secure a position of comparable level or that such a position is actually available is not required to support a finding that an applicant is capable of performing the duties of such a position.

S.D. Admin. R. 62:01:04:09

6 SDR 87, effective 3/2/1980; 9 SDR 81, 9 SDR 124, effective 7/1/1983; 24 SDR 160, effective 5/24/1998; 45 SDR 142, effective 7/1/2019

General Authority: SDCL 3-12C-211, 3-12C-801.

Law Implemented: SDCL 3-12C-101, 3-12C-801, 3-12C-804.