disability

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Disability

The lack of competent physical and mental faculties; the absence of legal capability to perform an act.The term disability usually signifies an incapacity to exercise all the legal rights ordinarily possessed by an average person. Convicts, minors, and incompetents are regarded to be under a disability. The term is also used in a more restricted sense when it indicates a hindrance to marriage or a deficiency in legal qualifications to hold office.

The impairment of earning capacity; the loss of physical function resulting in diminished efficiency; the inability to work.

In the context of Workers' Compensation statutes, disability consists of an actual incapacity to perform tasks within the course of employment, with resulting wage loss, in addition to physical impairment that might, or might not, be incapacitating.

Under federal law, the definition of a disability, for Social Security benefits purposes, requires the existence of a medically ascertainable physical or mental impairment that can be expected to result in death or endures for a stated period, and an inability to engage in any substantial gainful activity due to the impairment.

disability

n. 1) a condition which prevents one from performing all usual physical or mental functions. This usually means a permanent state, like blindness, but in some cases is temporary. In recent times society and the law have dictated that people with disabilities should be accommodated and encouraged to operate to their maximum potential and have the right to participate in societal and governmental activity without impediments. Hence, access by ramps, elevators, special parking places and other special arrangements have become required in many statutes. 2) a legal impediment, including being a minor who cannot make a contract, or being insane or incompetent, as determined by others.

disability

(Legal disqualification), noun disablement, impairment, invalidation, invalidity, legal incapacity, unqualification, unqualifiedness, unsuitability, unsuitedness, want of legal capacity, want of legal qualification
Foreign phrases: Contra non valentem agere nulla currit praescriptio.No prescription runs against a person who is unable to act.

disability

(Physical inability), noun affliction, ailment, debilitation, debility, deterioration, disablement, disorder, disqualification, feebleness, frailty, handicap, helplessness, illness, impairment, impotence, impotency, inability, inabillty to work, inadequacy, incapability, incapacitation, incompetence, incompetency, indisposition, ineffectiveness, ineffectuality, ineffectualness, inefficacy, inefficiency, infirmity, insufficiency, malady, powerlessness, sickness, unfitness, unsoundness, weakness
Associated concepts: complete disability, continuous disabillty, disability benefits, disability compensation, disability innurance, general disability, medical disability, mental dissbility, partial disability, physical disability, proof of disability, temporary disability, total disability
See also: detriment, disadvantage, disease, disorder, disqualification, handicap, impediment, impuissance, inability, incapacity, inefficacy, pain

DISABILITY. The want of legal capacity to do a thing.
     2. Persons may be under disability, 1. To make contracts. 2. To bring actions.
     3.-1. Those who want understanding; as idiots, lunatics, drunkards, and infants or freedom to exercise their will, as married women, and persons in duress; or who, in consequence of their situation, are forbidden by the policy of the law to enter into contracts, as trustees, executors, administrators, or guardians, are under disabilities to make contracts. See Parties; Contracts.
    4.-2. The disabilities to sue are, 1. Alienage, when the alien is an enemy. Bac. Ab. Abatement, B 3; Id. Alien, E: Com. Dig. Abatement , K; Co. Litt. 129. 2. Coverture; unless as co-plaintiff with her husband, a married woman cannot sue. 3. Infancy; unless he appears by guardian or prochein ami. Co. Litt. 135, b; 2 Saund. 117, f, n. 1 Bac. Ab. Infancy, K 2 Conn. 357; 7 John. 373; Gould, Pl. c. 5, Sec. 54. 4. That no such person as that named has any existence, is not, or never was, in rerum natura. Com. Dig. Abatement, E 16, 17; 1 Chit. Pl. 435; Gould on Pl. c. 5, Sec. 58; Lawes' Pl. 104; 19 John. 308. By the law of England there are other disabilities; these are, 1. Outlawry. 2. Attainder. 3. Praemunire. 4. Popish recusancy. 5. Monachism.
    5. In the acts of limitation it is provided that persons lying under certain disabilities, such as being non compos, an infant, in prison, or under coverture, shall have the right to bring actions after the disability shall have been removed.
    6. In the construction of this saving in the acts, it has been decided that two disabilities shall not be joined when they occur in different persons; as, if a right of entry accrue to a feme covert, and during the coverture she die, and the right descends to her infant son. But the rule is otherwise when there are several disabilities in the same person; as, if the right accrues to an infant, and before he has attained his full age, he becomes non compos mentis; in this case he may establish his right after the removal of the last disability. 2 Prest. Abs. of Tit. 341 Shep. To. 31; 3 Tho. Co. Litt. pl. 18, note L; 2 H. Bl. 584; 5 Whart. R. 377. Vide Incapacity.

References in periodicals archive ?
The minister said that the council would also make rules to remove obstacles in the access to information to differently-abled people.
The details are ridiculoushe insists she has shamed him and caused mental 'anguish' to his family...by giving motivational speeches, becoming an activist for differently-abled people and occasionally modelling as part of her outreach campaign to normalise being in a wheelchair.
In her speech at the opening of the workshop launched by Mada to discuss the new national guide, Attiyah called for collective effort to protect the rights of differently-abled people. She stressed the need for providing an appropriate environment free of obstacles for special needs people where they can grow and join the social mainstream to take part in the country's progress.
With the aim to help and empower differently-abled people in the country, Aster Volunteers joined hands with the 'Dubai Club for People of Determination' for a collaborative initiative called "Al-Amal -The Hope".
Dubai: The Dubai Health Authority's (DHA) General Medical Committee approved over 2,500 special parking permits for differently-abled people in the city, said a top DHA official.
The Prime Minister spoke at length about replacing the word viklang with divyang in everyday usage, to describe differently-abled people. He said the focus should not be on disabilities, but on the extra-ordinary abilities that differently abled people are blessed with.
In the past the company has also used its exhibition platforms to support causes that endorse the skills of differently-abled people and provide direct business links to make them independent.
How we have nothing for differently-abled people. Take a look,' he wrote.
Aegis currently employs over 562 differently-abled people which comprises of over 1.39% of its total workforce.
"I believe the management should also understand sign-language so that they can take important decisions on how to further integrate differently-abled people in the health sector." Shaikha Ahmed Al Rahoomi, Director of Customer Relations at the DHA said in the second phase, training will be provided to doctors, nurses and paramedics so that each department or field of speciality has at least one or two members who are well-versed with sign language.
"My only crime is that I'm physically challenged and employers are not inclined to employ the differently-abled people under the false impression that they are less productive than others," said Nasser.
Special arrangements have been made for differently-abled people at 31 BRT stops per international standards to allow them easy access to and from bus stations of the transit system.