13 CSR 40-2.100
Definitions Relating to PTD
PURPOSE: This rule defines permanently
and totally disabled.
(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
precludes him/her from engaging in any
occupation within his/her competence, such
as holding a job or homemaking.
AUTHORITY: sections 207.022 and 660.017,
RSMo 2016.* Original rule filed Nov. 1,
1950, effective Nov. 11, 1950. Amended:
Filed Aug. 8, 2018, effective March 30,
2019.
*Original authority: 207.022, RSMo 2014 and 660.017,
RSMo 1993, amended 1995.
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.