“Disability” Defined Definitions
of “Disability” by Selected Systems
& Programs
“A rose by any other name…”
Disability systems and programs define “disability” differently. Below is a chart summarizing how some of the major federal systems legally define “disability” or “disability eligibility.” People with disabilities may or may not be eligible for certain services depending on how each service system defines disability for their system.
In addition to federal definitions, some states have definitions for certain disabilities that may differ from the federal definition for that same disability. For example, the Montana definition for “developmental disability” is considerably more narrow than the Federal definition contained in the Developmental Disabilities Act. These different state definitions will generally control eligibility for various state funded services only.
| System/ Program |
Definition
of Disability/ Disability Eligibility |
Services/ Programs |
|---|---|---|
| Social
Security Administration 20CFR404.1505 To apply for Social Security benefits, contact your local Social Security office or call 1-800-772-1213. More detailed benefit information is at: http://www.ssa.gov |
“...The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” | SSI - Supplemental Security Income; SSDI -Social Security Disability Insurance; Medicare and Medicaid. NOTE: While SSA doesn’t administer Medicaid, in 32 states Medicaid comes automatically with SSI, and most states use the SSI/SSDI definition of “disability” for Medicaid eligibility. |
| Vocational
Rehabilitation 34CFR361.42(a)(1)(i),(ii) To apply for assistance from Vocational Rehabilitation call your local VR office, or find your state office at: http://www.jan.wvu.edu/cgi-win/TypeQuery.exe?902 |
“(i)...A physical or mental impairment and (ii) A determination that the applicant’s physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant.” | Funding for job/work related services, including school, equipment, some medical care and assistive technology, and self-employment |
| ADA
(Americans with Disabilities Act); Justice Department; U.S. Commission on Civil Rights 5USC301; 28USC509, 510; 42USC12186(b); 28CFR35.104 To find out about filing a Civil Rights Complaint, go to: http://www.usccr.gov and click “Filing a Complaint.” |
“Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.” | Civil rights protection against discrimination in employment, access to public accommodations, and state and local services and programs. |
| Independent
Living 34CFR364.4 To find your closest Independent Living Center go to: http://www.ilru.org/html/ publications/ directory/index.html and click on your state. |
Individual
with a disability means an individual who—(1) Has a physical, mental,
cognitive, or sensory impairment that substantially limits one or more of
the individual's major life activities; (2) Has a record of such an impairment;
or (3) Is regarded as having such an impairment. (Authority: 29 U.S.C. 706(8)(B)) Individual with a significant disability means an individual with a severe physical, mental, cognitive, or sensory impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of IL services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment. (Authority: 29 U.S.C. 706(15)(B)) |
Information and Referral, Independent Living Skills Training, Peer Counseling, Individual and Systems Advocacy. Other independent living services as determined by each respective Independent Living Center. Independent Living Centers (also called Centers for Independent Living) serve both children and adults with any disability. |
| (WIA)
Workforce
Investment Act 20CFR652 and 660 et al To find information on your ztate WIA partner go to: http://www.naco.org/programs/ social/work/getstate.cfm |
Individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)). For purposes of WIA section 188, this term is defined at 29CFR37.4. WIA eligibility is not based on disability, but on earning less than a “self sufficiency” level, or receiving public assistance or disability benefits. | Employment, occupational training, and other items, services and training to help people gain and maintain employment, and increase earnings. |