42 CFR § 436.540 - Definition of disability.

---
identifier: "/us/cfr/t42/s436.540"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 436.540 - Definition of disability."
title_number: 42
title_name: "Public Health"
section_number: "436.540"
section_name: "Definition of disability."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "436"
part_name: "ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 1102 of the Social Security Act (42 U.S.C. 1302)."
regulatory_source: "43 FR 45218, Sept. 29, 1978, unless otherwise noted."
cfr_part: "436"
---


# 436.540 Definition of disability.

(a) *Definition.* The agency must use the definition of permanent and total disability that is used in the State plan for APTD or AABD. (See 45 CFR 233.80(a)(1) for the Federal recommended definition of permanent and total disability.)

(b) *State plan requirement.* The State plan must contain the definition of permanent and total disability.