Disability is such a common word. I think most of us knows what it means, especially as it applies to our self. However, the legal definition of disability actually varies tremendously depending on who is defining it and which agency or court has legal jurisdiction.

In my practice as a clinical psychologist, I had many occasions where I was asked to make determinations about patients and whether they met the relevant particular criteria for disability. Social Security defines disability very simply: the inability to engage in substantial gainful activity. However, the system they have set up treats disability in a very complex manner.

Technically, it does not take a doctor or other qualifying practitioner to make a statement that an applicant is disabled. And just because a doctor does declare a person disabled, will not qualify that person for SSD. The doctor must submit the qualifying data that will meet Social Security's definition. But the way the system works, in fact, the primary treating physician must truly believe that the applicant is disabled, or they will absolutely be denied. And not denied just at the beginning, but all the way through, even with a hearing before an ALJ (Administrative Law Judge).

SeemsLikeStitches: I see that you are in CA. The disability law and requirements in CA are like night and day from federal guidelines. All it takes in CA is for any qualified practitioner to fill out a simple form and declare the person to be disabled. And almost all of the time, that's it. Technically, the state can require an independent examination, but it almost never does so -- it is just too expensive. So the state pays out the claim.

Virtually all workers in CA are covered for SDI (State Disability Insurance). Normally, employers are responsible for paying the fees. Sometimes employees do not even know about this benefit. There can be problems if an employer fires an employee, and then the person files a disability claim. The employer will have to fill out an employment form, and the state may get suspicious. But usually not, even under these circumstances.

The amount of monthly disability compensation depends upon a formula . . . the most important criterion is the recent monthly salary. Benefits generally last about 9 months, but can be less, depending upon employment history.

If you think you might qualify for SDI and/or are thinking of applying, you are welcome to PM me. I can give you some more advice and info . . . stuff that I would prefer not to post about.

rafi