Have you ever wondered what the "definition" of disability is? I know you have…we all believe we know "who" is disabled and "who" is not. Heck, you can tell just by looking at a person! Doctors are usually certain they know whether their patients meet the "definition" of disabled.

The obvious question becomes…whose definition of disability are we talking about? If you think everyone, including the Social Security Administration (SSA) are on the same page…think again! This article is my humble attempt to educate everyone, including physicians, regarding SSA’s definition of disability. Please understand it is difficult to capture the entire definition in a short article; however, it is possible to set forth a general framework.  First, allow me to debunk several longstanding myths about what is means to be disabled.

Myth #1: You have to be Totally Disabled to be eligible for Disability Benefits

Not true. I am not sure what “totally” disabled means; I do know it is a term of art our society uses, but not one SSA uses.  I suspect that if you put 100 doctors in a room and asked for a definition of “totally disabled,” you would get many different answers. My guess is that it means one is unable to function at all in any capacity.  In general, to be eligible for disability benefits, SSA does require that you not be working in any capacity. However, this does not mean you have to be to physically and/or psychological unable to function in any capacity.

Myth #2: You have to be Permanently Disabled to be eligible for Disability Benefits

Not true. Again, I am not sure what "permanently" disabled means; it is a term of art our society uses, but not one SSA uses. If a doctor supports a patient’s claim for disability, they will frequently state the patient is "permanently" disabled. The statement may be true in many cases, but my experience is that most people who apply for disability benefits with SSA are not "permanently" disabled. Even if they were, it is usually too early to tell if a 45 year old will return to work before the age of 65.  Thankfully, SSA does not require that you be permanently disabled. In fact, the issue of whether a disability is or can be permanent is never an issue at SSA.

What is SSA’s Definition of Disability?

Simply put, SSA and federal law defines disability as follows, "The 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." (citing 42 U.S.C. §§ 423(d)(1)(A) and 1382c(a)(3)(A).  First, please note that SSA’s policy is that disability can be due to any medical or psychological diagnosis (disorder). Second, contrary to popular myth, SSA does not require that you be "totally" disabled. Third, with regard to duration, the impairment does not have to be permanent, it only has to prevent you from working for a minimum of 12 months.

Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.

Article Source: http://EzineArticles.com/?expert=Scott_E._Davis

1. metro.net | Riding Metro - The Metro Wayfinding Kit Audio Tape 1 ... over age 65. Riders with a disability must present Medicare ID ... MALE: Boarding a Metro Rail train is fast and easy. Riding ... the train, take a seat or grab a handrail. The train operator ... http://www.mta.net/riding ...ility_wayfinding1.htm 2. Breckenridge Lodging Colorado Condominiums Condos Accommodations Vacation Re... ... is sponsored by leading disability insurer, The Hartford ... for those lucky Easter eggs, grab your family and head over to ... www.boec.org. ~ 8 Äì Massive Rail Jam: Benefit for Matt Wyffels ... http://www.blissproperties.com/specialevents.cfm 3. Warringah Disability Information Service ... local people have to consider some level of disability in the way they live, shop and socialise ... ... ramps into the larger and wading pools, a grab rail along the pool cliff side. Submersible ... http://www.warringah.nsw.gov.au/disab.htm 4. Spain -- Passport & Visa Requirements and Travel Guide ... Medical Insurance List of Disability Insurance/ Income ... robbed. Purse-snatchers may grab purses or wallets and run away ... that the taxi is available. Rail service is comfortable and ... http://www.internationalr .../Spain_Andorra_PV.htm 5. Public and Government Disability Accommodations ... bathroom stalls and installing grab bars Making sure walks and ... advance notice of a disability. An airline also canít ... public. Trains On trains, rail cars ordered since 1990 must ... http://civil-rights.lawye ...y-Accommodations.html 6. DisabilityWORLD.com ... level access. Folding down grab rails to either side of w.c in ... Restaurant with Rooms Radar Disability Network 4 Diamonds Rating ... and Äúpick-upsÄù from bus/rail station can be arranged at ... http://www.disabilityworl ....php?CATEGORY2=1-News 7. Bathtub Grab Bars ... ergonomically designed tub rail provides a comfortable safe ... for Invacare 1210-3 Bathtub Grab Bars. Back to Bath Safety 12 ... Basket Contents INFORMATION Disability Links Hospital and Nursing ... http://www.edmond-wheelchair.com/tub_bars.htm 8. SiteLogic - Marketing Logic » Marketing in General by Matt Bailey ... discriminate on the basis of disability in providing enjoyment of ... to my local drive through to grab a quick meal for the family ... Äù Thank you. Im not going to rail against the pre-2000 ways of ... http://www.sitelogicmarke ...marketing-in-general/ 9. Independent Living Research ... Acronyms and Abbreviations Disability Statistics Helpful Links ... up or turning over. A bed rail on one side for stability. (A ... to accommodate a weak grasp. Grab handles on the bed sides. An ... http://www.getriil.org/cg ...details.php?anum=1157 10. Wright Stuff - Disability Aids, Assistive Devices, Gifts for the Elderly! ... Bags Universal Beverage Holder Bed Caddie Wide Handle Bed Cane Freedom Grip Transfer Handle Bed Rail Advantage Ultimate Bed Rail and Tray The Transfer Handle Leg Lifter Convenient an easy to attach ... http://www.greaterdayton. .../pharmacy/wright2.htm 11. 1.0 Eradication of Extreme Poverty by December 12th, 2012 ... after many years of loyal service Sick pay/disability. War Bond employees will be protected with ... ... I want the top executives to feel compelled to grab hold of their executive key to the executive ... http://www.12-12-12.org/booksec1.htm 12. Accessible home - a family life and special needs topic. ... width for four. Handrails and grab bars should be placed no more ... from getting caught between the rail and the wall. Also, bars ... Products for the Less Able - Disability Products... If you have a ... http://www.familyfunabilities.com/accessible-home/ 13. Mini Ramps Resources and Information - Mini Ramps from Ramp Resources ... A/s - Time To Care Types Of Rail - V. Guldmann A/s - Time To ... Download 3D Mini Golf - Grab your putter as you take on the ... Electronics Uk - Electronic Disability Products And Induction ... http://www.rampresources.com/miniramps/ 14. Stagecoach Group: Access for All ... for people to use our bus and rail services. This includes ... to maintain links with disability groups to ensure both the ... been refreshed with textured grab rails and improved seating ... http://www.stagecoachgrou ...scg/csr/accessforall/ 15. KnoxNews | No Silence Here ... week, the Veteran Appeals Board granted the disability payments for blindness in Fong's left eye ... ... only two, the Louisiana legislators are out to grab more federal cash than they could possibly ... http://blogs.knoxnews.com ...nce/archives/2005/09/ 16. The TaxPayers' Alliance ... be nothing more than a huge tax grab masquerading as ìoverdue ... spent £84,655 on first-class rail travel." As the North East ... widely accept that the disability benefits structure invites ... http://www.taxpayersallia ...php?theme=Council+Tax 17. Masson’s Blog - A Citizen’s Guide to Indiana » 2006 Genera... ... including development of Rail/Trail corridors Pension ... Police and Fire pension and disability fund Regulatory Flexibility ... Ķ and weÄôre going to grab it right now. WeÄôre not ... http://www.masson.us/blog/?cat=3 18. Universal Design for Disabled People Draws International Support ... In Brazil, 14.5% of the population has a disability affecting access to transportation. The ... ... of a new family of vehicles for buses, light rail and subways with universal design, and (4 ... http://www.disabilityworl ...universaldesign.shtml