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attributable to combat-related injuries. See 42 U.S.C. sec.
423(d)(1).8 Insured status for purposes of Social Security
disability insurance benefits is determined on the basis of the
individual’s prior work record and not on the cause of his
disability. See, e.g., 42 U.S.C. sec. 423(c); 20 C.F.R. secs.
404.101-404.146 (2003). Moreover, the amount of Social Security
disability payments is computed under a formula that does not
consider the nature or extent of the injury.9 Consequently,
under the reasoning of Haar v. Commissioner, 78 T.C. 864 (1982),
8 Eligibility for Social Security disability insurance
benefits is conditioned on the existence of a “disability”, which
is defined as an “inability 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
which has lasted or can be expected to last for a continuous
period of not less than 12 months”. 42 U.S.C. sec. 423(d)(1).
For this purpose, the beneficiary’s impairment must be:
of such severity that he is not only unable to do his
previous work but cannot, considering his age,
education, and work experience, engage in any other
kind of substantial gainful work which exists in the
national economy, regardless of whether such work
exists in the immediate area in which he lives, or
whether a specific job vacancy exists for him, or
whether he would be hired if he applied for work.
[42 U.S.C. sec. 423(d)(2)(A).]
9 The monthly Social Security disability insurance benefit
is equal to the “primary insurance amount”. 42 U.S.C. sec.
423(a)(2); 20 C.F.R. secs. 404.201(a), 404.317 (2003). The
primary insurance amount is computed primarily under one of two
major methods, the average-indexed-monthly-earnings method or the
average-monthly-wages method, both of which are based on the
beneficiary’s earnings record. See 20 C.F.R. secs. 404.204,
404.210-404.212, 404.220-404.222 (2003).
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