What Is Considered A Permanent Disability By Social Security?

by | Jan 21, 2015 | Lawyer

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Depending on who is making the definition and why the definition is being voiced, the term “permanent disability” can mean different things. The term is in general use when an individual claims they are disabled as the result of an injury or illness that strips them of their ability to earn a living. The term is most often used when an individual is applying for benefits such as disability insurance payments regardless of whether the insurer is private or Social Security. It is often difficult to arrive at a consensus of exactly what the term means as the disabled individual and the insurer often have totally different ideas on what constitutes disability in the first place. This is one of the many reasons why claimants will often hire a Social Security attorney in Livonia who understands the intent of the rules and laws and can apply this knowledge in support of a claim for disability benefits.

It is implied by the word “permanent” that the claimant will never recover and will never be in a position to earn a wage to support himself or his family. In some cases the insurer demands evidence that the disability has been existing for some time and that there is every reason to believe it will carry on indefinitely. Even if the disability is not seen as permanent under this definition it may still be established by a seasoned Social Security attorney that the disability is such that it will last long enough for the economic circumstances of the claimant will be unfavorably impacted.

Of course there are many cases where it is patently obvious that the individual is permanently disabled, anyone who has lost a limb or been blinded certainly fits the definition. Many insurers publish tables that are used to compute the monetary benefit they will be awarded based on the severity of their disability. There are many situations where a person’s ability to earn an independent living is not impaired by the loss of say a finger or toe, it simply means that the missing part is unrecoverable.

Proving a physical disability and its impact on the disabled person’s ability to be gainfully employed is somewhat easier than proving other disabilities said to be permanent. A mental disorder as well a chronic illness both fall into this abyss, it is when a claim for disability benefits be supported by irrefutable evidence that the disability is real and is permanent, it is under these circumstances when a Social Security attorney in Livonia can prepare evidence that supports the extent of the disability in support of the client.

There is another consideration that must be taken into account; there are “permanent “disabilities that are eventually overcome. In cases like this the recipient must be aware that their benefit support could be terminated. In the event this does happen many insurers have programs set up to help the individual make the transition from disabled to self supporting.

 

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