Basic (03-86)

DI 21501.035 Arkansas APTD/AB State Plan

A. Blindness

An individual is considered blind if he has central vision acuity of 20/200 or less in the better eye with correcting glasses or a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtended an angular distance of no greater than 20 degrees.

B. Permanent and total disability

1. 2610. Definition of permanent and total disability

The term “disability” encompasses one or more organic or functional impairments that interferes with the person's faculties such as senses, reasoning, or mobility. The impairments may be physical or mental due to disease or result of an accident, or they may be congenital. They may be obvious or they may be such that they can be revealed only by medical examination. They may be static, progressive, exist singly or in combination.

The applicant must be PERMANENTLY and TOTALLY disabled by a major physical or mental impairment (or combination of impairments) or disease which cannot conceivably respond to any available medical treatment, and which condition will continue throughout the lifetime of the individual. The impairment (disability) must prevent the individual from engaging in any gainful work or employment, or for the homemaker the impairment (disability) must prevent the person from carrying out her (his) homemaking responsibilities for one or more persons other than herself (himself).

“Gainful work” or employment is work or employment (including self-employment) for which there is a return in cash or kind. Gainful work will not include such activities as knitting, crocheting, or other handiwork performed by severely disabled chairbound and housebound persons which is sold by charitable neighbors or friends, or through church or charitable organizations when income from such sale of articles is irregular and inconsequential.

The applicant may have a permanent and total disability which will prevent him from following his usual occupation, but with long term therapy and job retraining, he may eventually return to productive employment. Such cases will be considered if the disability will last at least one year and the case will be reviewed periodically by MRT.

2. 2620. Interpretation

  1. a. 

    Permanently—permanent disability refers to a physiological or anatomical impairment verifiable by medical findings. The examining physician's report should provide information which pertains to this part of the eligibility factor. The impairment must be of major importance and must be a condition which will not improve and which will continue throughout the lifetime of the individual. Any condition considered by the Medical Reviewer as not likely to respond to any known therapeutic procedures will be considered permanent. Any condition for which there are no known therapeutic measures but which might eventually be corrected by the discovery of new drugs or other advances in medical science will be considered permanent. The term “permanent” is interpreted “intending to last” or “unchangeable” except as provided above in instances of medical advancement.

  2. b. 

    “Totally” involves considerations in addition to these verified through the medical findings, such as age, education, training, skills, and work experience, and the probable functioning of the individual in his particular situation in light of his impairment; an individual's disability would be tested in relation to ability to engage in remunerative employment; eligibility may continue, even after a period of rehabilitation and readjustment, if the individual's work capacity is still very considerably limited (in comparison with that of a normal person) in terms of such factors as the speed with which he can work, the amount he can produce in a given period of time, and the number of hours he is able to work.

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DI 21501.035 - Arkansas APTD/AB State Plan - 05/12/1999
Batch run: 02/12/2013