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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
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