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Definition of Permanent Disability

Permanent disability is a disability where the maximum possible amount of medical improvement has been reached but the claimant remains disabled to such a degree that they have lost their earning ability.

Compensation can be awarded in personal injury cases as well as workers' compensation cases for permanent disabilities. Claimants who have a permanent disability may also receive compensation from the Social Security Administration called Social Security Disability Insurance (SSDI) if they can prove their condition will last at least 12 continuous months, does not allow them to work and is severe. Claimants must also meet certain nonmedical requirements to qualify for SSDI benefits.

If you receive compensation from a personal injury award for a permanent disability you may also qualify for SSDI benefits. If you are getting workers' compensation for a permanent disability you should talk to a disability lawyer before applying for SSDI benefits because workers compensation can be offset if you also receive SSDI.

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