# 20 CFR § 10.400: What is total disability?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-10.400

## Section

- **Citation:** 20 CFR § 10.400
- **Heading:** What is total disability?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 20—Employees' Benefits > CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR > SUBCHAPTER B—FEDERAL EMPLOYEES' COMPENSATION ACT > PART 10—CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED > Subpart E—Compensation and Related Benefits > Compensation for Disability and Impairment

## Text

(a) Permanent total disability is presumed to result from the loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes. 5 U.S.C. 8105(b). However, the presumption of permanent total disability as a result of such loss may be rebutted by evidence to the contrary, such as evidence of continued ability to work and to earn wages despite the loss.
(b) Temporary total disability is defined as the inability to return to the position held at the time of injury or earn equivalent wages, or to perform other gainful employment, due to the work-related injury. Except as presumed under paragraph (a) of this section, an employee's disability status is always considered temporary pending return to work.

## Nearby sections

- [20 CFR § 10.400 § 10.400 What is total disability?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.400.md)
- [20 CFR § 10.401 § 10.401 When and how is compensation for total disability paid?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.401.md)
- [20 CFR § 10.402 § 10.402 What is partial disability?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.402.md)
- [20 CFR § 10.403 § 10.403 When and how is compensation for partial disability paid?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.403.md)
- [20 CFR § 10.404 § 10.404 When and how is compensation for a schedule impairment paid?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.404.md)
- [20 CFR § 10.405 § 10.405 Who is considered a dependent in a claim based on disability or impairment?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.405.md)
- [20 CFR § 10.406 § 10.406 What are the maximum and minimum rates of compensation in disability cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.406.md)
- [20 CFR § 10.410 § 10.410 Who is entitled to compensation in case of death, and what are the rates of compensation payable in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.410.md)
- [20 CFR § 10.411 § 10.411 What are the maximum and minimum rates of compensation in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.411.md)
- [20 CFR § 10.412 § 10.412 Will OWCP pay the costs of burial and transportation of the remains?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.412.md)
- [20 CFR § 10.413 § 10.413 May a schedule award be paid after an employee's death?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.413.md)
- [20 CFR § 10.414 § 10.414 What reports of dependents are needed in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.414.md)
- [20 CFR § 10.415 § 10.415 What must a beneficiary do if the number of beneficiaries decreases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.415.md)
- [20 CFR § 10.416 § 10.416 How does a change in the number of beneficiaries affect the amount of compensation paid to the other beneficiaries?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.416.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-10.400. Check the current official text before relying on it. Not legal advice.