The legal definition of disabled can vary depending on the context in which it is being used. In general, being disabled means having a physical or mental impairment that substantially limits one or more major life activities. However, the specifics of what constitutes a disability can differ from one law to another.
In the United States, the legal definition of disabled is outlined in the Americans with Disabilities Act (ADA). According to the ADA, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, a history of such an impairment, or is regarded as having such an impairment by others.
The ADA defines major life activities as activities that are essential to daily living, such as walking, seeing, hearing, speaking, breathing, working, and caring for oneself. If a person’s impairment significantly limits their ability to perform one or more of these activities, they may be considered disabled under the law.
However, it is important to note that not all impairments are considered disabilities under the ADA. Temporary conditions, such as a broken leg or the flu, do not usually qualify as disabilities unless they result in a long-term or permanent impairment that substantially limits a major life activity.
In addition to the ADA, there are other laws that provide definitions of disability in specific contexts. For example, the Social Security Administration (SSA) has its own definition of disabled for purposes of determining eligibility for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.
According to the SSA, a person is considered disabled if they are unable to engage in substantial gainful activity (SGA) due to a medically determinable physical or mental impairment that is expected to last for at least 12 months or result in death. The impairment must also prevent the individual from performing work that they have done in the past or adjusting to other types of work.
The SSA uses a five-step process to evaluate claims of disability, taking into account the severity of the impairment, the individual’s ability to perform work-related activities, and their age, education, and work experience. If a person meets the SSA’s definition of disability, they may be eligible for monthly cash benefits and access to Medicare or Medicaid.
Another important law that defines disability is the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities that receive federal funding. Under the Rehabilitation Act, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment by others.
Employment laws also provide definitions of disability to protect workers from discrimination in the workplace. For example, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) broadened the definition of disability under the ADA to include more conditions and make it easier for individuals to establish that they are disabled.
Overall, the legal definition of disabled can vary depending on the law or regulation being applied. However, the common thread among these definitions is that a disability is a physical or mental impairment that substantially limits one or more major life activities. By understanding these definitions, individuals can better advocate for their rights and access the resources and support they need to live fulfilling lives.