Everything is cool in Libertyville.

Author Subject: Everything is cool in Libertyville.
Tarzan Posted At 11:38:47 03/13/2001
SSAS Connect - WWW.SSAS.COM
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SSA's Definition of Disability

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Posted by NONE on March 13, 2001 at 10:02:05:

In Reply to: Is any job acceptable? posted by Tarzan on March 11, 2001 at 13:03:38:

The short answer is "yes, any job is acceptable." The factors considered are more complicated than a simple answer can reflect.

Generally, if you can do ANY work at the substantial gainful level, defined as only $750/month, you are not "disabled" according to SSA. The process DOES consider your age, education, physical and mental capacity, and whether you have skills that can be used despite any physical and/or mental limitations. There are circumstances that you cannot possibly related completely on this message board. If you have questions, you should see a competent attorney who specializes in SSA disability.

That said, let me address the limited facts you presented in your message.

If I read you correctly, you cannot do the heavy work you did in the past but you are physically and mentally able to do estimating. You just don't like the work environment. ("Mushroom treatment" = cooped up in an office?)

The law does not require taxpayers to carry the burden of disability payments if a person can physically and mentally perform work but doesn't like where s/he has to work, or feels the work is not "rewarding." ("Rewarding" is a subjective quantifier that is not considered in determining what work you can do. Being un unskilled laborer can be as satisfying as being a skilled craftsman or a professonal. That's an attitude issue. I know it doesn't pay what you're used to, but that's not a consideration for SSA disability.) The point is, if the person can still work, s/he is not "disabled."

*Preferences* as to work environment are *not* valid considerations for SSA purposes. Maintaining the person's previous standard of living is not a consideration, either. SSA Disability was created as a safety net, not an unemployment benefit or a lifestyle maintenance program.

The regulation says:

404.1505 Basic definition of disability.
(a) The law defines disability as the inability to do *ANY* substantial gainful activity by reason of any medically determinable physical or mental impairmentich 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. To meet this definition, you must have a severe impairment, which makes you unable to do your previous work *OR ANY OTHER SUBSTANTIAL GAINFUL ACTIVITY WHICH EXISTS IN THE NATIONAL ECONOMY*.




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