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Current as of January 01, 2023 | Updated by Findlaw Staff
(a) For purposes of G.S. 108A-41(b)(1), a person is permanently and totally disabled if:
(1) This person was receiving aid to the disabled assistance in December 1973, and continues to be disabled under the definition of disability, having a physical or mental impairment which substantially precludes him from obtaining gainful employment and this impairment appears reasonably certain to continue 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 “Certain Disabled” person is a person in a private living arrangement who is age 18 but less than age 65, having a physical or mental impairment which substantially precludes him from obtaining gainful employment, which impairment appears reasonably certain to continue without substantial improvement throughout his lifetime.
(c) Disability shall be reviewed by medical consultants employed by the Department. The final decision on the disability shall be made by these medical consultants under rules and regulations adopted by the Social Services Commission.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 108A. Social Services § 108A-42. Determination of disability - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-108a-social-services/nc-gen-st-sect-108a-42/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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