For tax purposes, who decides whether or not you are disabled?

[Enola_Straight]

As I understand it, a legal status recognized by any American governmental authority…municipal, state or federal…must in turn be recognized by all.

So, if the Dept. of Motor Vehicles issues a handicapped liscence plate

or Placard

you have proof positive and are good to go.

[Leo_Bloom]

Thanks for the info. Ive wondered about that for a long time.

Now, about Europe…

[barbitu8]

@Enola_Straight

As I understand it, a legal status recognized by any American governmental authority…municipal, state or federal…must in turn be recognized by all.

So, if the Dept. of Motor Vehicles issues a handicapped liscence plate
https://dps.mn.gov/divisions/dvs/forms-documents/PublishingImages/Disability.jpg

or Placard
http://www.michigan.gov/images/permanentplacard_15470_7.jpg

you have proof positive and are good to go.

Not true. As Dinsdale noted, the SSA will consider the VA’s determination of disability but is not bound by it. The reason is different agencies have different qualifications for “disability.” Code of Federal Regulations § 404.1504

A decision by any nongovernmental agency or any other governmental agency about whether you are disabled or blind is based on its rules and is not our decision about whether you are disabled or blind. We must make a disability or blindness determination based on social security law. Therefore, a determination made by another agency that you are disabled or blind is not binding on us.

[TerpBE]

I knew a guy whose leg was amputated below the knee from a motorcycle accident. Every couple of years he had to be officially re-certified as disabled - you know, just in case it grew back.

[Leo_Bloom]

Government is on guard for salamander fraud.

[barbitu8]

If the stump is not infected and he is able to use it to perform at least sedentary work he would no longer be disabled. Would you consider The Blade disabled? Besides SSA is required to perform a review of all disabled claimants every 2 years.

[LonesomePolecat]

@Dinsdale

BTW Lonesome, I presume you checked w/ your lawyer and your pension/savings do not exceed the asset requirements for SSI? I’m curious where you are in the disab process, as you expect a decision in 9-10 months.

The lawyer says my pension and savings won’t affect my disability claim. The application was made in late November, and my lawyer says the original claim for most claimants is usually turned down, and the case will probably be decided before an administrative law judge most likely sometime late this year. He also told me I have a very good case (partly because of my age), though of course he couldn’t guarantee the results.

All in all, it looks good. And even if I don’t get disability, I should be able to make it through until my regular Social Security kicks in, though my savings will probably be depleted. Thank you for your concern.

[Dinsdale]

Age is generally the most favorable factor in being granted ss disab bens- at least if your past work was more than sedentary. Depending on what state you are in, there may be a reconsideration after the initial determination before you get a hearing. And nationally it is running an average of right around a year from when you request a hearing until a decision is issued.

[Ambivalid]

@Dinsdale

Well, it is a meaningful question, as there is no universal definition of disability.

Right but my point was in the way the question was phrased: “Disabled? yes. By who?” That makes it sound like they are asking who disabled me. Not who determined/qualified me as disabled.