§ 108A-42. Determination of disability. - North Carolina Statutes

§ 108A‑42. Determination of disability.

(a)        For purposes of G.S. 108A‑41(b)(1), a person ispermanently and totally disabled if:

(1)        This person was receiving aid to the disabled assistance inDecember 1973, and continues to be disabled under the definition of disability,having a physical or mental impairment which substantially precludes him fromobtaining gainful employment and this impairment appears reasonably certain tocontinue without substantial improvement throughout his lifetime; or

(2)        This person applied for assistance on or after January 1,1974, and is disabled under the Social Security standards.

(b)        For purposes of G.S. 108A‑41(d), a "CertainDisabled" person is a person in a private living arrangement who is age 18but less than age 65, having a physical or mental impairment whichsubstantially precludes him from obtaining gainful employment, which impairmentappears reasonably certain to continue without substantial improvementthroughout his lifetime.

(c)        Disability shall be reviewed by medical consultants employedby the Department. The final decision on the disability shall be made by thesemedical consultants under rules and regulations adopted by the Social ServicesCommission. (1979, c. 702, s.9; 1981, c. 275, s. 1; 1983, c. 14, s. 1.)