Disability

(redirected from Physically impaired)
Also found in: Dictionary, Thesaurus, Medical, Financial, Acronyms, Encyclopedia.

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 ?
This implies adapting the close physical environment to provide safety and enable mobility and accessibility for physically impaired older people.
The present article describes the development of a specialized apperception test for physically impaired adolescents who utilize ambulatory-assisting devices.
Later, the text advances to more current and, perhaps, more compelling topics, such as using play with children who are physically impaired or language delayed, preterm and drug-exposed infants, and children manifesting attention deficit hyperactivity disorder.
We recommend that satisfaction interviews be conducted in person - a key to allowing a range of cognitively and physically impaired residents to participate.
Some write about famous physically impaired figures: Mark O'Brien interviews Stephen Hawking; Anne Finger imagines an encounter between Helen Keller and Frida Kahlo.
Florian (1978) also found that physically impaired applicants were more likely to be employed than persons who are mentally ill, have epilepsy, or are blind.
Objectives: to compare the domiciliary service receipt of cognitively impaired and equally dependent physically impaired elderly women prior to the passing of the UK Community Care Act.
In addition to those accomplishments, Ubell's work with mentally and physically impaired children and outreach programs to nursing homes and shelters for the homeless and battered women has earned her accolades from those in the New York-New Jersey area.
A secondary character, governess Maria Young, is physically impaired and impoverished, as was the author herself.
Better yet, the victor in the Predicted Time Race, a special event for those in wheelchairs and the physically impaired, would go happily home with a Grand Prize Scholarship of $2,000.
However, mentally or physically impaired individuals can furnish a voluntary confession if interrogating officers do not take advantage of such impairments to overcome the suspects' free will.(5)
Another factor is that most individuals think of "normal" behavior being disrupted when a worker shows up clearly drunk, high, or otherwise physically impaired. "In fact, once individuals have reached the point of being addicted to a substance, their behavior often may appear 'normal' only when they have the drug in their systems.

Full browser ?