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. Children's Charitys offer hope and support to babies, childrena nd young adu... ... charitable charity child foundation grant charity child director founder keith charity child disability learning charity child disablied help uk charity child down help in syndrome uk who charity ... http://www.babyfreebies.c ...childrens-charity.htm 2. Financial and money news and info ... lawyer security social arkansas disability lawyer security social article on child with learning disability article on disability discrimination assessment disability independent learning ... http://www.greatfinances.com/n-Term+Life+Insurance 3. communication games esl - ESL - How to Learn English as a Second Language - ... ... Click link above to Open in a New Window ] autism and learning disability child education Games, songs, communication cards, print resources, and information for special needs It appears that your ... http://www.englishforhisp ...cation-games-esl.html 4. Learning Disabilities Therapy Professionals and Attention Deficit Disorder A... ... residential program for LD young adults Child Testing & Learning Specialists--child learning disability testing and treatment specialists Malibu--Drug and Alcohol Addiction Treatment and ... http://www.iser.com/CAtherapy.html 5. Quality Assurance Health Care. North West UK. Specialists in home care: lear... Before you decide anything, and with no obligation, we will personally introduce the Carer to you ... http://www.qahealthcare.net/services.htm 6. Child with disability - Learning - Enchanted Food Learning Pyramid, Child Le... Child with disability Child Learning Disabilities: Journal Articles on Learning Browse research-based articles on child learning disabilities. Includes verbal and nonverbal learning disability ... http://car-donation.sites ...d-with-disability.htm 7. child learning disability tutoring morgan hill ... Diploma 100% Online Starting grade level: 9th Grade 10th Grade 11th Grade 12th Grade Child Learning Disability Tutoring Morgan Hill People who searched for child learning disability tutoring morgan ... http://math-and-reading-h ...ring_morgan_hill.html 8. ☞ Wheelchair - Learning Disabilities ... easy-to-use resource for people seeking information on learning disabilities Autism And Learning Disability Child Education FREE picture cards and print activities for autism, fetal alcohol syndrome ... http://www.aboutwheelchai ...learningdisabilities/ 9. BimsKids | Informative Links ... htm Autism and learning disability child education. http://www.dotolearn.com/index.htm Laureate Learning Systems - Special Needs and Learning Disabilities http://www.laureatelearning.com/ Scoliosis ... http://www.bimskids.com/links/index.asp 10. ... child with disability and education Education and Learning child with disability and education www.dfes.gov.uk/index.shtml - 19k - - [ www.dfes.gov.uk ] What happened to ERIC child with disability ... http://advanced-education ...ty-and-education.html 11. "Learning Disability": A Rose by Another Name - The Natural Child ... ... the latest "learning disability" label. Many educators and ... to see how this notion of learning disabilities was ... by placing the blame for a child's learning failure on ... http://www.naturalchild.com/jan_hunt/learning.html 12. Lift Chairs and Could My Child Have A Learning Disability? Could My Child Have A Learning Disability? Information and Resources Could My Child Have A Learning Disability? Copyright 2005 - 2006 All Rights Reserved Wheel Chair Lift Medical Lift Chair Mini Van ... http://www.liftchairsquic ...ealearningdisability/ 13. JAMI UK - Services ... of pregnancy can cause visual or hearing impairment and a learnign disabilty in the child). Learning disability can also be caused by damage to the brain as a result of difficulties during birth ... http://www.jamiuk.org/ind ...sset_id,52/index.html 14. Autism Links ... Tinsnips Special Education Resources autism and learning disability child education "Activities to promote independence in individuals with special learning needs." The Autism Source "Maap Services ... http://www.dianaslegacy.net/autism.html 15. Disabilities : Best Health Forum ... Health Long Term Disability Insurance California State Disability Insurance Long Term Disability Child Learning Disability Nonverbal Learning Disability Socialsecurity.gov Disability Report ... http://www.besthealthforum.com/disabilities/ 16. Learning - Child Learning Disability Fizz Learning Home Articles Submit Article Newsletter Subscribe Resources Advertise Here Add Your Site Child Learning Disability Academy Of Learning Accelerated Learning Adult Learning Adult Learning ... http://www.fizzlearning.c ...ldlearningdisability/ 17. Childhood education journal ... More information on learning disability child hood. Get info on she was, family and this is the best resource on famaily. Buy they were, childhoods or younger days, highscope ? young life, head ... http://childhood-educatio ...ducation-journal.html 18. child learning toy ... 1. Child Learning Disability | Your reference guide for Child Learning Disabili... ... 4. Child Learning Toy ... Child Pirate Toy Child Disability Toy Child Bath Toy Child ... Clothes Child Free Toy ... http://www.toysrule.net/childlearningtoy/