Which of the following Conditions Constitutes a Legal Disability

We have two initiatives to speed up the processing of new disability claims: Occasional drug use is not a disability. This applies to illicit drugs and the use of prescription drugs. There are few situations where substance abuse falls under the ADA. One is when someone has a history of addiction or is considered an addict. Addiction could be considered a disability. It is not a disability if someone has a history of addiction and is now using illegal drugs. For information on how to accommodate a specific person with a disability, please contact the Job Accommodation Network at: The third part of the definition protects people who are considered and treated as a significantly limiting disability, even if they do not have such a disability. For example, this provision would protect a severely disfigured qualified person from refusal of employment because one employer fears the «negative reactions» of others. In addition, under the ISS Disability Program, an applicant may be classified as «presumed disabled or blind» and receive cash payments for up to 6 months while the formal determination of disability is made. The deemed payment is intended to allow a person with limited income and resources to cover their basic living expenses for the time required to process the application. If it is later determined that the person is not disabled, he or she is not obliged to repay the payments. The Title II program does not contain any provisions relating to presumed disability or blindness.

One. Under the Social Security Disability Insurance Program (Title II of the Act), there are three basic categories of persons who may be entitled to disability-based benefits: Someone might think you have a disability even if you don`t. They may treat you unfairly because of a disability they think you have. In this case, you are considered disabled. This applies whether you have a disability or not. The Attorney General may initiate civil actions if there is reason to believe that the conditions are «blatant or overt,» expose residents to «serious harm,» and are part of a «pattern or practice» of resisting the full enjoyment of residents` constitutional or federal rights, including Title II of the ADA and Section 504 of the Pardon Act. For more information or to alert the Department of Justice to a question, please contact: To be protected by the ADA, you must have a disability or have a relationship or affiliation with a person with a disability. A person with a disability is defined by the ADA as a person who has a physical or mental impairment that significantly limits one or more important activities of life, a person who has a history or history of such an impairment, or a person who is perceived by others to be such a disability.

The ADA does not specifically name all impairments that are covered. If you have enough work to qualify for disability benefits, we use a five-question step-by-step process to determine if you have an eligible disability. The five questions are: Generally, we pay monthly benefits to people who are unable to work for a year or more because of a disability. The benefits usually stay until you can work regularly again. There are also several special rules, called work incentives, that provide ongoing benefits and health insurance to help you transition back to work. The first part of the definition makes it clear that the ADA applies to people who have significant impairments, as opposed to minor impairments, and that these must be impairments that limit important life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, grooming and working. A person with epilepsy, paralysis, significant hearing or visual impairment, intellectual disability or learning disability would be covered, but a person with a minor, non-chronic condition of short duration, such as sprain, infection or broken limbs, would generally not be covered. We use the same definition of disability for widows and widowers as we do for employees.

Aviation Consumer Protection Division, C-75 U.S. Department of Transportation 1200 New Jersey Avenue, H.E. Washington, D.C. 20590 (202) 366-2220 (vote) (202) 366-0511 (TTY) (800) 778-4838 (voice) (800) 455-9880 (TTY) www.transportation.gov/airconsumer/disability Rehabilitation Act prohibits discrimination on the basis of disability in programs administered by federal agencies, in programs that receive federal financial assistance, in federal employment and among federal contractors in employment practices. The standards for determining discrimination in the workplace under the Rehabilitation Act are the same as those under Title I of the Americans with Disabilities Act. Hidden disabilities are physical or mental impairments that are not easily apparent to others. These include conditions and diseases such as specific learning disabilities, diabetes, epilepsy, and allergies. A disability such as lameness, paralysis, complete blindness or deafness is usually obvious to others. But hidden disabilities such as poor vision, poor hearing, heart disease, or chronic illness may not be obvious. A chronic disease involves recurrent and long-term disability such as diabetes, heart disease, kidney and liver disease, high blood pressure or ulcers. For each of the body`s major systems, we maintain a list of conditions that we consider serious enough to prevent a person from having SMBG.

If your condition is not on the list, we must decide if it is as serious as a medical condition on the list. If this is the case, we will determine that you have an eligible disability. If not, let`s go to step 4. Health care professionals performing CTs must have a good understanding of SSA disability programs and their evidentiary requirements. In addition, these health professionals are fully informed of their responsibilities and obligations with respect to confidentiality and: This is a strict definition of disability. The rules of the Social Security program assume that working families have access to other resources to provide assistance during short-term disability periods, including workers` compensation, insurance, savings and investments. Most disability claims are initially processed by a network of local Social Security branches and government agencies (usually referred to as Disability Determination Services or DDS). Subsequent appeals against adverse decisions may be decided by the DDS or by the administrative judges of the Office of Court Operations (OHO) of the SSA. Title II provides for the payment of disability benefits to disabled persons «insured» by the social security tax on their income in respect of their contributions to the social security trust fund and to certain disabled relatives of insured persons. Title XVI provides for SSI payments for persons with disabilities (including children under 18) who have limited income and resources. This title is intended to help people with disabilities access the same employment opportunities and benefits as people without disabilities.

Employers must provide reasonable accommodation to qualified candidates or employees. A reasonable accommodation is any change or adaptation of a job or workplace that allows an applicant or employee with a disability to participate in the application process or perform essential job duties. If a child is 18 years of age or older, we assess their disability in the same way we would assess disability for any adult. We will send the application to your state`s Disability Determination Services (DDS), who will finalize the disability decision for us. This booklet answers the following questions about the civil rights of students with hidden disabilities and the responsibilities of emergency room beneficiaries: Health professionals play an important role in the disability assessment process and participate in a variety of ways: The definition of disability under Social Security is different from other programs. Social Security only pays for complete disability. No benefits are paid in the event of partial or short-term disability. If you are a student with a hidden disability or want to learn more about how students with a hidden disability are protected from discrimination by federal law, this booklet is for you. The definition of disability is the same for all persons claiming disability benefits under Title II and for adults claiming benefits under Title XVI.

The law defines disability as the inability to engage in substantial gainful employment due to a medically identifiable physical or mental impairment that is likely to result in death or that has lasted or is expected to last for an uninterrupted period of at least 12 months. In this step, we will decide if your health condition prevents you from performing any of your previous work.

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