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. Classifieds - Indiana Municipal Electric Association http://www.imea.com/classifieds.htm 2. holiday insurance uk - Want to know more about holiday insurance uk? ... Advantage and insurance plans for Medicare supplements, major medical, health, life, and disability. Holiday Insurance [ ] Holiday Insurance UK: Cheapest Worldwide Holiday Insurance: Travel ... http://www.car-insurance- ...day-Insurance-Uk.aspx 3. Maine Silicosis Attorney - Online Tips Maine Silicosis Attorney ... at law st martin 2b villa uk ... for sale villa rentals spain maine social security disability ... http://holiday-villa-alga ...tugal.urian.bytom.pl/ 30. Hugesettlements.com Site Map ... Iowa Kansas ... http://www.silicosissilic ...inesilicosisattorney/ 4. DisabilityOnline - the information resource ... Travel and Tourism:Accomodation ... Matching Houses Disability holiday house exchange where you can swap houses with people who have the same accessibility needs as you. Rate This Site [ 10.00 / 1 Votes ] Visitor Comments Is this link ... http://www.disabilityonli ...tourism/accomodation/ 5. Idea - Page coud not be found ... business player codex music video nokia era plus home business idea sms christmas gift idea disability holiday gift idea t j maxx los angeles convention party idea new idea clough venetarvikkeet build ... http://t-j-maxx.timesengine.com/?q=t-j-maxx-idea 6. online motor insurance quote ... insurance international student kentucky family health insurance mortgage life and disability insurance holiday medical insurance insurance life new term york Jump to: Select a forum General Forum ... http://insurancesimple.in ...-insurance-quote.html 7. CMT United Kingdom - SiteMap ... as everyone else. This is no longer wishful thinking, but the law. Under the Disability Discrimination... Holiday / Leisure On the whole there is no reason why you shouldn t take part in any ... http://www.cmt.org.uk/ind ...samsitemap&Itemid=123 8. Self catering cottage holiday :: You to have a safe and happy holiday so a f... http://www.cottages-cornwall.com/page8.php 9. birding facts Birding Resources by the Fat Birder ... Disability - Holiday Care http://www.holidaycare.org.uk If you are disabled, an older person or carer, Holiday Care can help you take a break. We have information on hundreds of accessible hotels and ... http://www.fatbirder.com/ ...oliday_companies.html 10. Marquette University | HR | Employee Benefits | Support Staff Fringe Benefits ... In addition, the university offers to its eligible employees sick and short-term disability pay, holiday pay, vacation pay, and free access to the employee assistance program. If you have any ... http://www.marquette.edu/ ...s/staffbenefits.shtml 11. December 2005 ... on results from statewide survey on public transportation policy by the UNH Institute on Disability. Holiday Inn, Concord, NH. 9:00-11:00 am. Thursday, December 8 - Planners Brown Bag Lunch. Noon ... http://www.rpc-nh.org/cal-dec05.htm 12. Electric scooters for disabled people - Infojay.com ... com deaf and hard of hearing people braille, canes manual and power wheelchairs, electric scooters (ECVs), oxygen Products that Help the Disabled Disability Products Holiday home fully equipped to ... http://electric-scooters- ...d-people.infojay.com/ 13. Carer Support - Index ... in North East Lincolnshire Helpful Information for carers of adults with a learning disability Holiday Information for Carers Independent Care Homes Coordinated Admission Arrangements ... http://www.nelincs.gov.uk/socialcare/carersupport/ 14. Zenhardware.com Link Partners ... com Added: Dec 9, 2005 matching houses dot com website for disability holiday house exchange http://www.matchinghouses.com/ Added: Dec 9, 2005 Mortgages The online directory for all your mortgage ... http://www.zenhardware.com/partners/100_8_1.htm 15. Training and consultancy - Useful links ... Disability Disability Rights Commission (DRC) Disabled Living Foundation Employers Forum on Disability Holiday Care Institute of Customer Service National Accessible Scheme National Register of Access ... http://www.rnib.org.uk/xp .../public_tncuseli.hcsp 16. The Class Struggle in Russia ... Holiday pay and financial aid for medical treatment. Full pay for workers temporarily laid off through the employerís fault. A lump sum payment for the families of dead miners, as well as their own ... http://home.mira.net/~andy/bs/bs5-1.htm 17. Holiday Care - UK Holiday & Travel Information Service for Older and Dis... ... attractions, activity holidays and respite care establishments, both in the UK and overseas, which enables people with all kinds of disability to holiday where possible in a mainstream environment. http://www.holidaycare.org.uk/about.asp