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How Disablity Benefits are Determined
The following determination appeared in the case of Pauline Thomas vs. the SSA and was rulled upon by the the United States Court of Appeals Third Circuit in Philadelphia.

Title II of the Social Security Act, as amended, provides Social Security Disability Insurance benefits for individuals who are "under a disability" and meet the other eligibility requirements. 42 U. S. C. S 423( a). Title XVI of the Act likewise provides Supplemental Security Income benefits for "disabled" indigent persons. 42 U. S. C. S 1382. With respect to individuals who are not blind, the term "disability" is defined as follows:

(1) The term "disability" means--
(A) 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. . .

(2) For purposes of paragraph (1)( A)--
(A) An individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), "work which exists in the national economy" means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.

All content is © copyright (1998-2003) BonPaulProductions (all rights reserved) The BlueCollarDollar (SM) © copyright 1998-2003 The Blue Money Report(SM) - © copyright (2002-2003) All Rights Reserved