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. 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 ?
A significant decline in the underutilisation rate was seen for disabled people, with the rate falling 6.1 percentage points over the year to 19.3 percent.
Heather Barnett, director of workforce and organisational development, said: "It is noticeable that our disabled staff overall do not feel they are having as good an experience as our non-disabled staff.
Furthermore, Saorath said, most employers do not provide job opportunities for the disabled. 'Some companies do not know how to work with them, while others are not aware of the laws and regulations that promote the rights of disabled people.
Principal Coordinator on Sustainable Development Goals (SDG) at the Prime Minister's Office Md Abul Kalam Azad said implementation of the SDG will not be possible leaving out the disabled, who are 10 percent of the country's total population.
He said we will give a five-year plan for disabled people in the electoral review adding vote registration of disabled people is among their priorities.
Gender: Disabled women face a larger pay gap than disabled men.
There is much information on tour programs for disabled people but its providers are scattered and they do not cooperate to create synergy between the different tour programs.
Kiambu women representative Gathoni Wamuchomba admonished the coldhearted Kenyans involved in smuggling disabled persons from Tanzania and other neighbouring countries saying that the government will take stern action against them.
Adam Tinson, senior researcher at the New Policy Institute, said: "These findings confirm that disabled people must be at the centre of attempts to reduce poverty in the UK.
"At the moment the only advantage a disabled applicant gets, after waiting an average of two decades like others, is having special facilities within the home according to their disability.
The smallest differences were recorded in Greece -- 36.8 per cent for disabled people compared with 34.5 per cent for non-disabled people.
The association, which was formed in August 2011, is made up of disabled, deaf and special Olympian golfers, with more than 120 members it aims to have a disabled golf team from all parts of Wales.

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