DI 21501.245 Vermont APTD/AB State Plan
1. 2311.1 LEGAL BLINDNESS
In terms of ophthalmic measurement, central acuity of 20/200 or less in the better eye with correcting glasses is considered blindness. A field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance of no greater than 20 degrees may be considered equally disabling.
2. 2311.2 ECONOMIC BLINDNESS
Economic blindness is sufficient deterioration of visual acuity so as to prevent a person from doing the tasks he would ordinarily do providing he has eyesight.
B. Permanent and Total Disability
1. 2320 DISABILITY
“Permanent and total” disability means that the individual has some permanent physical or mental impairment, disease or loss that substantially precludes him from engaging in useful occupations within his competence, such as holding a job or homemaking. Such impairment may be obvious, such as loss of a limb, or discernable only through medical examination.
Disability as an eligiblity factor is not confined to complete helplessness; on the other hand, it is recognized that, with assistance, services and training, disabled individuals may become self-supporting.
2. 2321 DEFINITIONS
a. 2321.1 Permanent
“Permanent” disability refers to a physiological, anatomical or emotional impairment, verifiable by medical findings, of major importance, which is expected to continue throughout the individual's lifetime and is not likely to improve.
b. 2321.2 Total
“Total” disability is determined with reference to the ability of the individual to perform activities necessary to carry out responsibilities of employment or homemaking. This involves assessment of the individual's probable functioning in his particular situation in terms of his impairment; no time factor is involved.
c. 2321.3 Substantially Precludes
“Substantially precludes” refers to the extent to which a permanent impairment leaves an individual unable to engage in the necessary activities of a “useful occupation” well enough and with sufficient regularity to receive regular payment or to carry homemaking responsibilities on a continuing basis.
d. 2321.4 Useful Occupations
A “useful occupation,” in general, means productive activity which adds to economic wealth by producing goods or services to which the public attaches a monetary value. It demands the time and attention of the doer for the ultimate benefit of others.
Hobbies, occupational therapy, training activities, and similar remunerative activities which may be engaged in by handicapped individuals are not considered “useful occupations” in this context.
e. 2321.5 Homemaking
“Homemaking” as an occupation arises from the individual's own social situation as differentiated from the domestic, maid, or housekeeper hired to perform domestic duties in a home maintained by others. It requires the ability to carry home-management and decision making responsibilities and to provide essential services within the home for at least one person in addition to one's self on a sufficiently regular and predictable basis to meet the responsibility involved.