PURPOSE: This rule defines permanently and totally disabled.

1. (1) Permanent and Total Disability (PTD) means that the individual has some physical or mental impairment, disease or loss from which recovery or substantial improvement cannot be expected and which substantially 13 CSR 40-2

precludes him/her from engaging in any occupation within his/her competence, such as holding a job or homemaking.

AUTHORITY: section 207.020, RSMo 1986.* Original rule filed Nov. 1, 1950, effective Nov. 11, 1950. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986. Crudup v. Missouri State Division of Family Services 600, SW2d 129 (Mo. App. 1980). In applying the definition of permanent and total disability found at 13 CSR 40-2.100, the agency must conform its decision to its own interpretation of a promulgated rule given effect as a policy. Also, this agency policy may be used to assist the reviewing court.