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. Law Book Trader - Disability Law Books My Account | Sell Your Books |Shopping Cart|Help Search Title Author ISBN Browse Categories: Disability Law Accounting Administrative Law Admirality Law Agency / Partnership / LLCs Agricultural Law ... http://www.lawbooktrader. ...items.cfm?strCatID=78 2. 14. Certification and testing ... As described at the outset of this book, disability is upsetting and foreign to nondisabled people. Employers in every sector save for public service are unwilling to hire a disabled employee if it ... http://joeclark.org/book/ ...zation/Chapter14.html 3. Cyprus wheelchair friendly apartments, self catering holiday welcomes you to... ... See our guest-book Disability travel Wheelchair warrior Accommodation New friends -2006New friends -2005 New friends -2004 Equipment rental Weather Location English German Dutch ItalianFrench Photo ... http://www.ca-touristapts.com/ 4. Disability Culture - Independent Living Institute Newsletter 12/2001 ... html A critical review of the book DISABILITY AND CULTURE, edited by Benedicte Ingstad and Susan Reynolds Whyte. Brown, Steven E., "Disability Culture: A Fact Sheet," (Las Cruces, NM: Institute on ... http://www.independentliv ...newsletter/12-01.html 5. Book Review, by Mark Hand ... Two of the better-known characters in the book, disability activist Marta Russell and Soft Skull Press founder Sander Hicks, had funny and inspirational stories to tell. Gary Baddeley, co-founder of ... http://zmagsite.zmag.org/Aug2003/review30803.html 6. A copy of social security card ... Ask for the book "Disability Evaluation Under Social ... http://www.marthachurchill.com/ssgetbook.htm Cached - Similar pages When are Social Security numbers required? - Ask The ConsumerMan ... ... http://3852.vlcaaz.info/ 7. »»Unique-risk Reviews«« ... comfortable with a large financial drawdown while trading, pick up a copy of this intersting book. Disability Income Insurance-The Unique Risk Published in Hardcover by Amer College (December, 2001 ... http://www.financial-book ...offering/Unique-risk/ 8. Personal choice health insurance Personal choice health insurance Clear Choice Health Plans Maintain the privacy of your Personal ... http://2785.vsz07n.info/ 9. Books on loan ... loan ... Female Parts - A cancer education resource for young women (A teacher's resource book). DISABILITY ... http://www.dh.sa.gov.au/pehs/Cervix-screening/loan.htm Cached - Similar pages www ... http://1385.7qp93i.info/ 10. Mortgage calculator interest only loans Mortgage calculator interest only loans Interest only mortgage- loan calculator interest only arms ... http://2780.inhke2.info/ 11. mscare - Book Reviews - Medical Aspects of Disability. 3rd Edition ... Register For NARCOMS patients, please click here to login Home CMSC Online For MS Professionals Book & Materials Reviews Book Reviews - Medical Aspects of Disability. 3rd Edition En EspaÒol Medical ... http://www.mscare.org/cms ...lity-3rd-Edition.html 12. Dis"ability" Joke Books - Cartoons dealing with disability subjects & situations ... humorous look at issues and aspects of disability. More than 215 cartoons from Frank Warner's ... ... talking about. (click below) Dis"ability" Joke Book I Dis"ability" Joke Book II Dis"abilit" Joke ... http://disabilityjokebooks.50megs.com/ 13. Design for web ... tax laws stock market crash of 1929 complaint against a lawyer lasik vs lasek caesars sports book disability insurance california g love tour dates Design forweb design for wesb design for weeb desigb ... http://3399.6rw8s8.info/ 14. Abilityinfo Library - Disability Books Disability Book Resources Places around the web for disability-related books disABILITIES Books - Browse and order from a small selection of book titles. Alabama Council for Developmental ... http://www.abilityinfo.com/books/books.html 15. Pancyprian Organization of the Blind ... The article was written by Helen Phtiaka and first published in the book "Disability, Human Rights and Education: Cross Cultural Perspectives" edited by Felicity Armstrong and Len Barton (1999). In ... http://www.pot-cyprus.com/cyprusbraille3.html 16. Fitness Reviews ... 14.95 Average review score: excellent book! Helpful Votes: 4 out of 4 total. Review Date: 2006-06-25 this is an insightful and informative book covering all aspects of breast cancer and extremely user ... http://www.health-issue-b ...tness/Fitness_38.html 17. Amazon.co.uk: Disability: A Life Course Approach: Books: Mark Priestley ... sell? Search inside this book Disability: A Life Course Approach (Paperback) by Mark Priestley "This opening chapter provides an introduction to some of the key concepts used in the book - disability ... http://www.amazon.co.uk/D ...iestley/dp/0745625134 18. aid legal service ... NB. If the National (NASS), special of which and Home Legal approve and on the law, AccessibilityJISC navigation, book Disability Indian Services and and legal GBLS' Legal provide - click here months ... http://legal-service.test ...id_legal_service.html