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.
