Sunday, January 22, 2012

Who is disabled?



While the SSA looks at disability in an absolute sense - an individual is either totally and permanently disabled or is not disabled at all - the definition of disability is obviously somewhat nebulous. It is not uncommon to know or hear stories of persons who have been declared disabled and yet seem to navigate through life's activities much more easily than persons who have been denied disability benefits.

In order to prove oneself disabled under the official Social Security definition, the claimant must demonstrate that (1) he or she meets the prior work requirement, (2) the impairment is "medically" determinable, and (3) he or she is totally disabled for at least the next twelve months or is expected to die from the condition.

The typical disability claimant must show that he or she was gainfully employed for 20 of the last 40 quarters before becoming allegedly disabled. This prior work requirement demonstrates the claimant has significantly contributed to the fund from which he or she now wishes to draw. Therefore, disability benefits become one's entitlement. It is assumed that the claimant, because of past demonstration of willingness to work, would be much happier working than collecting benefits. A disabled person who has never been able to work is not eligible, but neither does that individual have the expectation of benefits engendered by contributing to the fund during working years.

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