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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
For example, a special investigator said, "Almost every child we see has a disability of some kind." A family service worker stated, "It is rare to have a child on my caseload that does not have a developmental problem." Another CPS worker stated, "I don't care what the estimates of developmental disability in CPS are, I know that 100 percent of our kids have some level of disability." This perspective was shared by all of the assessment and family service workers in this office.
This article presents a case study of the ways in which state and local government as well as nonprofit service providers negotiate cost in the context of services for individuals with a developmental disability or a severe mental illness.
Perhaps, an increased emphasis on the meshing of developmental disability policy and the development of resources under the Older Americans Act of 1965 (P.L.
The authors draw on the expertise of an advisory board, many of whom are widely known for their expertise among those who care for people with developmental disability. Each chapter ends with a self test to offer readers a chance to affirm that they understand the material.
The ARCNJ estimated that approximately 2 to 10 percent of offenders in the criminal justice system had some form of developmental disability. It reported that many individuals with developmental disabilities had been arrested and processed through the criminal justice system without identification as individuals with a disability and consequently their constitutional rights and legal statuses were ignored.
Specific labels included under the broader heading of Pervasive Developmental Disability include: Asperger's syndrome, autism, Rett's disorder, and Childhood Disintegrative Disorder (American Psychiatric Association, 1994).
Detailed information about the underlying cause associated with each developmental disability is abstracted for all children identified with a developmental disability.
Robert Muster, an employee with a developmental disability, is a mail clerk at an agency which participates in JWOD by performing administrative services at a large military headquarters in Georgia.
AAIDD publishes books for professionals in developmental disability in the areas of supported living, the definition of intellectual disability, disability funding, positive behavior support, palliative care, quality of life, and health.
OAKVILLE, ON -- The troubled Oaklands Regional Centre will change from a residential treatment centre to an agency providing community-based care for people with a developmental disability and other complex medical, psychiatric or behavioural challenges, Minister of Community and Social Services Sandra Pupatello announced.
In addition, for people with mild MR, although multivariate and thematic personality measures may tend to elicit concrete, stereotyped, and repetitive responses, structured mental status examinations have been developed for this population, e.g., the PASS-ADD: Psychiatric Assessment Schedule for Adults with a Developmental Disability (a modification of the Present State Examination - Patel, Goldberg, & Moss, 1993).

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