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 ?
The RCN recognises the need for specialist care for people with learning disabilities and has actively supported the development of registered learning disability nurses and their key role in delivering patient-centred care.
"This enabled us to share our passion of learning disability nursing with members of the public." The group has set up its own Learning Disability Nursing Rocks Facebook page - www.facebook.com/groups/592817331169365/with the aim of tracking the journeys of some of the rocks and encourage the 'finders' to visit the page and learn more about Learning Disability Nursing.
"The approach to screening needs to be tailored to an individual's needs so that people with a learning disability do not miss out on potentially life-saving cancer tests.
"There is a lot of discrimination and many people with a learning disability don't always have a fair deal in our community.
In 2016 ABMU launched its learning disabilities acute hospital liaison service in Morriston Hospital and now has full-time learning disability liaison nurses working for the health board.
This discouraged 64% of people with a learning disability from voting in local elections last May.
One of the limitations of the current study was that it was generally considered a range of learning disabilities and did not address a specific learning disability. Moreover, to collect data, a self-report questionnaire was used to answer which biases may be involved.
Poorer health outcomes Only 24 per cent of people with a learning disability are in residential care, hence the majority continue to live either independently or with family.
In British Columbia it is estimated that three percent of students have a learning disability (Supporting Students with Learning Disabilities: A Guide for Teachers, Sept 2011, BC Ministry of Education).
The study found that kids are frequently affected by more than one learning disability and that specific learning disabilities co-occur more often than expected.
An entire section offers coping tips for parents and for adolescents, young adults, and adults with a learning disability. The book concludes with a glossary, a directory of websites and organizations, and sources of college funding for students with learning disabilities.

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