Shabby Chic Boho Understanding what is classed as a disability is key to protecting your rights and accessing necessary support. There are two federal frameworks in the US that help legally define what a disability is. These are the Americans with Disabilities Act (ADA) and the Social Security Administration (SSA). In this post, we’ll take a deeper look into what these frameworks qualify as a disability.
What does the ADA qualify as a disability?
The ADA defines a disability as any physical or mental impairment that substantially limits one or more major life activities. Such activities include walking, seeing, hearing, learning and walking.
Having a record of impairments (such as having cancer in remission) or being regarded as having an impairment are also part of this definition.
ADA law matters when it comes to defining disability discrimination – legal action can be taken against someone who unfairly treats an individual based on their disability. The ADA also governs workplace requirements such as ensuring that accessible bathrooms or wheelchair ramps are provided.
What does the SSA qualify as a disability?
The SSA has a stricter definition of what classes as a disability. This definition determines who is eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
Under the SSA definition, a disabled individual is anyone who is unable to engage in substantial gainful activity (SGA) due to a medically determinable impairment that is expected to last at least 12 months or result in death.
Whether you are eligible for SSDI or SSI may depend on your job and what you can earn. Even if you have a qualifying condition, providing that you can earn over a certain threshold could disqualify you.
Services as found at ImpactDisabilityLaw.com can help you to understand these laws and provide advice and support when claiming benefits.
Do chronic diseases qualify as disabilities?
Many chronic diseases are recognized as disabilities under ADA law, but may not always be recognized by the SSA. It depends on how treatable these diseases are and whether you can still work and go about your normal life.
For example, cancer is typically recognized by the ADA, while the SSA often fast-tracks claims for certain aggressive cancers through its Compassionate Allowances program. However, not every cancer diagnosis automatically qualifies.
Do mental health conditions qualify as disabilities?
Mental health conditions can be a gray area when it comes to disability definition. Often, it comes down to the severity – a mental health condition that impairs major life activities is enough to qualify.
The likes of clinical depression for example can qualify under the ADA if they affect concentration, sleeping or social interaction. For SSA benefits, depression must meanwhile be documented by medical evidence showing that it prevents work – which may require proof of symptoms like sadness, loss of interest or cognitive difficulties.
Getting professional guidance
Getting professional guidance is often key if you need to apply for benefits or file a discrimination lawsuit. A social security disability lawyer or social benefit advisor can help you to understand your rights and determine whether your circumstances qualify.
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