Are you disabled? It really depends on the law

If you find yourself confused on the subject of disability it may be because there are several different and often contradictory definitions depending on the statute involved and the policy motivations. You may be considered disabled or not based on differences in the laws. Here are some examples.

Americans With Disabilities Act

Under the Americans With

Disabilities Act, an “individual with a disability” is “a person who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment…” The definition does not include inability to engage in gainful employment. This makes sense since the Act prohibits discrimination against persons with disabilities including regarding employment. A “substantial impairment” is one that “significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working…” However, the person with a disability still must be able to perform the essential functions of the job with or without reasonable accommodations and be otherwise qualified such as holding necessary licenses, having completed required education and so on. Reasonable accommodation might include providing or modifying equipment or devices, job restructuring, part time or modified work schedules, and so on.

The point is that disabled individuals must be given the opportunity to participate in the work force consistent with their abilities. This is a totally different concept regarding disability than that involved in making determinations under, for instance, Social Security Disability and SSI.

Social Security Disability and Supplemental Security Income (SSI)

Under the federal Social Security Act “he law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months…”