Disability

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Related to Disabilites: Learning disabilities

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. 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 ?
More than 200 people in the town with learning disabilites receive care from the council's social services and some of that number have been involved in making the video.
(113) Progressive organizational culture is cited as a major factor in improving the treatment of individuals with disabilites. (114)
So the legacy of the current New Labour Coventry City Council is to leave its citizens under the Public Private Partnership (PPP) with possible cuts in services like mental health, learning disabilites, or community services.
Journal of Social Work in Disability & Rehabilitation is being designed to examine issues related to disabilites and social work, practice, research and theory.
Those guidelines, although valuable, may not be applicable to all students with disabilites. For instance, students with learning disabilities might require different accommodations.
WHEN VIEWED against the backdrop of the Court's students' rights cases, the majority ruling appears at first glance to run counter to the general modern trend toward deference to school authorities.4 However, closer examination reveals that this trend still does remain within the area of broad discussions of constitutional rights, as contrasted with the more detailed language of federal statutes and regulations, such as the Individuals with Disabilites Education Act.
Twenty five years after the passage of the nation's special ed law, the Individuals with Disabilites Education Act (IDEA), the real scandal is not simply that we spend too much to educate handicapped kids.
Only strategies that link resources and efforts such as those put forth by the National Program for the Welfare and Mainstreaming of individuals with Disabilites will make it possible to multiply the benefits for those groups.
Intended for adult education administrators and instructors, the purpose of this handbook is to provide practical information on the legal rights and responsibilities of adult education programs and of students with disabilites related to providing and obtaining accommodations.
(142) See George Will, Editorial: Disabilites Act may end tip Granting Special Rights to Jerks, Idaho Statesman, Apr.
At church, he met a woman who knew about learning disabilites. She told him he could get help through his county social services office.