Disability


Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Encyclopedia, Wikipedia.

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 ?
An older population of employees has a higher frequency of claims, as well as longer durations of disability.
To establish an ADA claim a student-athlete must show: he has a disability, the defendant is subject to the ADA, and that he was denied the opportunity to participate in or benefit from services or accommodations on the basis of his disability and that reasonable accommodations could be made that do not fundamentally alter the nature of the defendant's services or accommodations.
When considering functional abilities as opposed to traits, Diamond and Hesteness (1996) found that preschools were able to correctly identify areas of functional impairment for individuals with a physical or visual disability pertaining to mobility difficulties.
The idea of the disabled as a disadvantaged minority group is not universally recognized, nor is the need for affirmative action to recruit applicants with disabilities, notes Rhoda Olkin, a disability activist and professor of Clinical Psychology at Alliant University in Walnut Creek, Calif.
"The prevailing attitude about any disability is that the best thing to do is make it go away," he says.
The Committee examined all past reports prepared for various federal departments, task forces and committees on disability issues, particularly, previous work on the disability tax credit.
Adjustment services are a comprehensive and integrated set of services, including counseling, mentoring and other services, designed to provide individuals with disabilities with confidence, interpersonal and disability-specific skills, and a positive attitude toward disability that they may require to achieve competitive employment, community integration, and independence.
Numerical and arithmetical cognition: A longitudinal study of process and concept deficits in children with learning disability. Journal of Experimental Child Psychology, 77, 236-263.
The bill addresses such issues as rising medical and disability costs, subjective standards and excessive litigation, all of which have contributed to increased workers' comp costs.
The Ontario Human Rights Code prescribes that every person has a right to be free from discrimination because of a disability or a perceived disability in the area of employment.
While social historians, as Peter Stearns asserts, "mean to leave nothing out" in their retelling of the past, few have included disability issues as an integral part of their thinking and writing.

Full browser ?