QUESTION: How does the federal government define "disability"?
ANSWER: The definition of "disability" varies depending on the
purpose for which it is being used. Federal and state agencies generally use a
definition that is specific to a particular program or service. For example:
- For purposes of nondiscrimination laws (e.g. the Americans with
Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188
of the Workforce Investment Act), a person with a disability is generally
defined as someone who (1) has a physical or mental impairment that
substantially limits one or more "major life activities," (2) has a record of
such an impairment, or (3) is regarded as having such an impairment.
- To be found disabled for purposes of Social Security disability
benefits, individuals must have a severe disability (or combination of
disabilities) that has lasted, or is expected to last, at least 12 months or
result in death, and which prevents working at a "substantial gainful activity"
level.
- State vocational rehabilitation (VR) offices will find a person with
a disability to be eligible for VR services if he or she has a physical or
mental impairment that constitutes or results in a "substantial impediment" to
employment for the applicant.
Some of these definitions include words or phrases that have been the
subject of lawsuits, as individuals, agencies, and courts try to clarify the
terms used in some of these definitions of disability. If you want to find out
if a particular disability or condition gives you certain rights, contact the
federal or state agency that enforces the law in question. If you want to find
out if you qualify for a particular program or service, contact the federal or
state agency that administers the program to find out the specifics of the
disability definition they use.
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