Federal Government and ADA Definitions of Disability: A Comprehensive Guide

Understanding the criteria for disability as defined by the federal government and the Americans with Disabilities Act (ADA) is crucial for individuals seeking benefits or protective measures. The Social Security Administration (SSA) has stringent standards for qualifying as disabled, whereas the ADA has a broader scope. Both definitions play a significant role in the lives of millions of Americans and are covered in this detailed guide.

What Does the Federal Government Consider a Disability?

The federal government, specifically the Social Security Administration (SSA), has established a rigorous definition of disability that is used to determine eligibility for Social Security Disability Insurance (SSDI) benefits. According to the SSA:

"Disability is the inability to perform substantial gainful activity due to a medically determinable impairment which has lasted or is expected to last at least 12 straight months, or to result in death."

In simpler terms, a disability is recognized when an individual is unable to engage in any kind of work on a regular and ongoing basis for at least 12 months. The assessment process to prove disability is intricate and may involve several evaluations and medical opinions.

How Does the United States Define Disability in Detail?

The SSA outlines the definition of disability through three primary standards:

1. Job Specific Standard

This standard is generally the most restrictive and is applicable when an individual's job duties are so specific that a disability will preclude them from performing the task. For example, if a dentist is injured and cannot practice dental work, they might qualify under this standard. This definition is often covered by private disability insurance, which tends to be more restrictive and expensive, particularly for professionals.

2. Similar Job Standard

A similar job standard considers whether an individual can perform a different job that is similar to their original role. Using our dentist example, if the person could become a dental professor on a full-time basis, they would not be considered disabled under this standard. Most standard policies, including those often provided through employment, fall under this category.

3. Any Job Standard

The most lenient standard is the "any job" standard, which is used by the Social Security Disability insurance. Under this standard, an individual must be unable to perform any job listed by the Department of Labor to be considered disabled. This means that even if there is one job where the individual cannot work, they may still be eligible for SSDI benefits.

The Americans with Disabilities Act (ADA)

The ADA provides a broader definition of disability that focuses on limitations to major life activities. The definition is as follows:

"Under the ADA, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities."

Article 12102 of the ADA defines 'disability' as:

"The term 'disability' means, with respect to an individual—(A) a physical or mental impairment that substantially limits one or more major life activities of such individual...

The major life activities included under the ADA are extensive, covering a wide range of daily functions:

Caring for oneself Performing manual tasks Seeing, hearing, eating, sleeping Walking, standing, lifting, bending Speaking, breathing, learning Concentrating, thinking, communicating Working

Additionally, the ADA also includes a major life activity as any operation of major bodily functions, such as immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Regarded as Having an Impairment

The ADA extends its definition of disability to include individuals who:

(B) have a record of such impairment, or

(C) are regarded as having such an impairment.

For those deemed as being regarded as having an impairment, it must be due to the entity considering them as having the disability. For individuals who qualify under section 4(11) of the ADA, they have a physical or mental impairment that substantially limits a major life activity, even if they are currently able to perform these activities with the help of medication or other interventions. The impairment must, however, still significantly limit the individual without such assistance.

Conclusion

The federal government and the ADA have established comprehensive definitions of disability that cater to various situations and circumstances. Understanding these definitions can help individuals navigate the complexities of getting disabled benefits and the protections provided under the ADA. Whether applying for SSDI through the SSA or ensuring compliance with the ADA, awareness of these definitions and standards is crucial.