Disability terminology/language - "100% disabled"

[robert_columbia]

This question should in no way be interpreted as showing disrespect to disabled people.

I met someone online who claims to be, and I quote, “100% disabled”. I am not an expert in current disability lingo and disability law.

In the context in which I heard it, it can’t mean “completely and utterly without abilities of any kind whatsoever”, “persistent vegetative state”, or “dead”, because this person is obviously able to compose an online message, with or without assistance.

Is there a general definition of this term in the world of disabilities? Does it mean a person who can’t survive without round-the-clock nursing care?

[OldGuy]

It usually means they are entitled to 100% of the maximum disability benefits that their insurance pays. But this might vary from situation to situation. In some cases it might mean that they are no longer employable in their profession.

[Ravenman]

I believe the Department of Veterans Affairs determines someone is 100% disabled based on their inability to hold a job. If a disability is serious enough that one couldn’t function in a work environment, that does not mean that the person is in a coma or unable to take care of any functions in his/her life.

For example, a person with severe post-traumatic stress may be able to clothe, feed, and generally take care of one’s self, but also have psychological issues that employers just couldn’t put up with. Such a person may be found to be 100% disabled, even though they might be able to handle their day-to-day chores.

[Really_Not_All_That_Bright]

He probably means totally disabled, which is a term of art meaning incapable of performing even sedentary work (or, in some jurisdictions, incapable of performing available work within a reasonable distance).

Disability expressed as a percentage generally refers to permanent partial impairment ratings - percentage loss of function based on a given injury, which are assigned based on a schedule. For example, in Florida, a totally blind person is considered 85% disabled. A person who completely loses the use of their non-dominant arm is considered 40% disabled, which rises to 60% for the dominant arm.

100% impairment is virtually unknown. It’s basically limited to quadriplegia or loss of majority of higher brain function.

[Chronos]

The VA system assigns a percentage disability to various conditions, and then adds them up. And if the total is 100% or greater, then the veteran is considered 100% disabled (i.e., eligible for full disability payments, enough to live entirely (though modestly) on) for life, even if those conditions later go away. One condition that can lead to this is a service-related cancer. Or at least, so it was explained to me by my dad, a 100% disabled veteran.

[Duckster]

The determination is not physical. It’s political, based upon identified criteria.

The VA approach:

Disability compensation is a monetary benefit paid to veterans who are disabled by an injury or illness that was incurred or aggravated during active military service. These disabilities are considered to be service-connected. Disability compensation varies with the degree of disability and the number of a veteran’s dependents, and is paid monthly. Veterans with certain severe disabilities may be eligible for additional special monthly compensation. The benefits are not subject to federal or state income tax.

Chapter 2 Service-connected Disabilities - Office of Public and Intergovernmental Affairs

Note the part in bold (mine). So the VA also considers not just the veteran’s specific disability/disabilities but their impact upon the veteran’s number of dependents in the equation.

From an EEOC perspective:

Statutory Definition – With respect to an individual, the term “disability” means (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.

http://www.eeoc.gov/policy/docs/902cm.html#902.1b

Further defined/clarified:

Regulatory Definition – A physical or mental impairment means (1) [a]ny physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or
(2) [a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

http://www.eeoc.gov/policy/docs/902cm.html#902.2b

Mix well with this:

Regulatory Definition – Commission regulations define the term “major life activities” to mean “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i); see also Senate Report at 22; House Education and Labor Report at 52; House Judiciary Report at 28. This list is not an exhaustive list of all major life activities. Instead, it is representative of the types of activities that are major life activities. Specific activities that are similar to the listed activities in terms of their impact on an individual’s functioning, as compared to the average person, also may be major life activities. Thus, as the interpretive appendix to the regulations notes, “other major life activities include, but are not limited to, sitting, standing, lifting, [and] reaching.” 29 C.F.R. pt. 1630 app. § 1630.2(i). Mental and emotional processes such as thinking, concentrating, and interacting with others are other examples of major life activities.19

http://www.eeoc.gov/policy/docs/902cm.html#902.3b

So being 100 percent disabled does not mean round the clock nursing care, but it could.

[PandaBear77]

I would also add that the VA’s concept of “disability” and Social Security’s view are TOTALLY different. The VA is MUCH more liberal and since they do percentages, it’s possible for a bunch of different ailments to add up to 100%.

So it’s not at all uncommon to see someone that has been declared “100% disabled” by the VA get denied repeatedly when they apply for Social Security disability.