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 ?
"We want to add to this collection over the coming years, so disabled people can access information, which could encourage more to lead active lives."
In October the introduction of a new "cap" on support packages will actively discriminate against Deaf and Disabled people with high support needs in senior positions.
The smallest differences were recorded in Greece -- 36.8 per cent for disabled people compared with 34.5 per cent for non-disabled people.
Since 1970, millions of disabled people have been helped by Alf Morris' Act.
She added: "But if the only disabled people that get any profile out of the games are Paralympians - and their feats of sporting success - then it is unlikely that the games will do much to change people's perceptions of ordinary disabled people.
Abu Faour praised Khalil for "reacting quickly" to this issue by issuing decisions aimed at "restoring disability cards' effective value," facilitating access to medical care and, through these actions, guaranteeing disabled people their "rights and dignity."
He added that many disabled people complain that the Ministry of Social Affairs does not help them get employment.
"More and more employers recognise the value to their business of employing disabled people.
- designing Internet home pages so that disabled people can access information more easily;
The next gap filler programs were the Medicaid waivers geared first to aged and disabled people, then gradually to people with developmental disabilities, people with traumatic brain injury, technology dependent children, people with high medical needs, and people with AIDS.
Though pro-choice, Mairs decries the negative message abortion-rights supporters often convey to disabled people. She writes, "The implicit argument appears self-evident: The use of abortion to fulfill the desire for a male [or female] child is impermissible, but the same use to prevent an imperfect one is not merely legitimate but, many would argue, socially responsible.
More than half of all Americans (58 percent) feel embarrassed around disabled people, according to a Lou Harris poll.

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