From: Medico-legal reasoning in disability assessment: A focus group and validation study
Grounds | Arguments | Country |
---|---|---|
Aspect 1. Grounds on claimant's health condition | Â | Â |
It is possible that a health condition is so severe that any form of work is excluded | Clinical and functional impairments are not too severe to prevent him from doing any kind of work | Be, Si |
It is possible that a health condition is severe to an extent that it precludes from some work but not all work | His level of functioning is low, too reduced for partial disability. | No |
Disability represents a restriction of functional capacities | Several work activities (heavy lifting and carrying etc) are well known risk factors for low back pain and should be avoided | Â |
Capacity for work represents the ability to perform jobs | An unqualified worker can be referred to many jobs, including light work | Be |
Advanced age can be a reason to accept restrictions in activities. | His age is not a big problem | Be |
Aspect 2. Grounds on a proper process of evaluation | Â | Â |
Findings have to be plausible | There is pathologic evidence of damage of back and knee | Be, Nl, Si, No |
Findings have to be consistent | His reduced functioning remains not fully explained with the medical findings | No |
Restriction of abilities must not be explained by other factors, notably lack of motivation or opportunity to function | He might comply better with medical advice, is too fat, has a pessimistic view on his future and is inactive | Nl |
In order to determine a claimant's abilities his personal experience is a source | His medication causes a lack of alertness. He notices this effect himself. | Nl |
In order to determine a claimant's abilities the medical diagnosis is a source | He has pathological degeneration of his back and knees. This risks further damage. Several work activities (heavy lifting and carrying etc) are well known risk factors and should be avoided | Nl, Si, Be, |
In order to determine a claimant's abilities the medication is a source | His medication causes a lack of alertness. He notices this effect himself | Nl, Si, |
Aspect 3. Grounds on treatment, rehabilitation, and time perspective | Â | Â |
Disability can be accepted as permanent when all treatment options have been tried | He has had all treatment necessary | No |
Aspect 4. Grounds on efforts to recover and resume work | Â | Â |
If possibilities for treatment, rehab and/or work resumption exist the claimant is requested to try these | He might comply better with medical advice, is obese, has a pessimistic view on his future and is inactive. | Nl |
Grounds of medical evidence | Â | Â |
Tramadol (an opiate) can cause a lack of alertness | His medication causes a lack of alertness. He notices this effect himself | Be, Nl, Si |
Heavy lifting, carrying and the like are well known risk factors for low back pain and should be avoided in the work of people who suffer from low back pain | He has pathological degeneration of his back and knees. This risks further damage. Several work activities (heavy lifting and carrying etc) are well known risk factors and should be avoided | Be, Nl, Si |
Chronic low back pain is tiring and may lead to restriction of energetic activities | This kind of chronic pain is tiring and leads to restrictions in energetic activities | Be, Nl, Si, No |
Pathologic damage of back and knee make complaints of back and knee plausible | There is pathologic evidence of damage of back and knee | Be, Nl, Si, No |