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Table 2 Aspects of disability, grounds, and examples of arguments by country.

From: Medico-legal reasoning in disability assessment: A focus group and validation study

Grounds

Arguments

Country

Aspect 1. Grounds on claimant's health condition

  

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

 

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

  

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

  

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

  

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

  

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