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 male/female distribution in the sample population did not appear representative of the general population of individuals with mobility impairments.
Likewise, mobility impairment is itself complicated, as it may be related to low functionality in a limb or to visual or hearing impairments that make navigating the built environment more difficult.
However, individuals with mobility impairments are just as interested in achieving and maintaining a healthy lifestyle as individuals without disabilities.
She further added that it was still unclear whether the evidenced-based treatments that are effective for the general population would be sufficient to help people with mobility impairments quit smoking, so it was speculated that they might need more intensive treatment.
The purpose of this study was to assess the reliability and validity of a mobility obstacle course for women with mobility impairments.
3 million Americans who suffer severe mobility impairments to gain a more mobile and independent life.
Matthews (1981) was the first to develop a classification scheme that examined the presence or absence of a mobility impairment and the presence or absence of a handicapped parking permit.
It will provide access to medical services and sporting social and entertainment facilities to those normally denied by the lack of transport, mobility impairment or rural isolation.
Norway: In cooperation with the national MS advocacy organization, conducting several meetings around the country for people with MS and their families about mobility impairment, providing the opportunity to meet with rehabilitation specialists and health care providers
Six apartments in the complex will be built to the Platinum Level of Livable Housing Design Guidelines to accommodate residents with mobility impairment, Mr de Brenni said.
What if you have a mobility impairment or other disability that limits your ability to "get out there?
He demonstrated to our intrepid reporter three different types of skis adapted for those with mobility impairments.

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