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Which of the following is not a disability? Understanding the Key Legal and Functional Differences

3 min read

According to the Social Security Administration, a qualifying disability must have lasted or be expected to last for a continuous period of at least 12 months or result in death. This critical time frame is just one factor in answering the question, which of the following is not a disability?

Quick Summary

This guide examines the legal and functional distinctions between a qualifying disability and non-disabling health conditions. It clarifies criteria like severity, duration, and the impact on major life activities based on definitions from bodies like the ADA and SSA.

Key Points

  • Severity is Key: A disability substantially limits major life activities, distinguishing it from minor health issues like a common cold or flu.

  • Duration Matters: For many legal purposes, a condition must be long-term, permanent, or last at least 12 months to be considered a disability, not a temporary ailment.

  • Functional Impact: The focus is on how a condition impacts a person's ability to perform daily functions like walking, learning, and working, not just the diagnosis itself.

  • Individualized Assessment: Every case is evaluated on its own merits, and a condition that is non-disabling for one person could be substantially limiting for another.

  • Mitigating Measures: The ADA generally evaluates a condition without considering the effects of medication or assistive devices (excluding ordinary glasses).

  • Exclusions Exist: Certain conditions and characteristics, including current illegal drug use and specific behaviors, are legally excluded from disability protection.

In This Article

The question, "Which of the following is not a disability?" requires understanding legal and medical criteria related to the severity, duration, and functional impact of an impairment. A temporary condition like a broken bone that heals typically does not qualify as a disability under the Americans with Disabilities Act (ADA). In contrast, a disability is generally defined as a physical or mental impairment that substantially limits one or more major life activities.

Defining Disability: Severity and Duration

Legal frameworks such as the ADA and the Social Security Administration (SSA) define disability based on the long-term impact of a health condition. To be considered a disability, a condition must significantly impede a person's ability to perform basic tasks or major life functions for an extended period. The SSA, for instance, requires a condition to last or be expected to last for at least 12 consecutive months. This temporal requirement is crucial for distinguishing between a temporary illness and a legally recognized disability, excluding conditions like a common cold or a simple broken arm that heals quickly.

Non-Disabling Conditions vs. Invisible Disabilities

It is important to distinguish between conditions that do not meet the legal definition of disability and those known as "invisible disabilities." Invisible disabilities are not outwardly apparent but can significantly affect a person's life, such as chronic fatigue syndrome. While some may not meet legal thresholds if mild or controlled, many do qualify by substantially limiting major life activities.

Conditions generally not considered disabilities in most contexts include:

  • Temporary issues like a cold, flu, or minor sprain.
  • Certain lifestyle choices or characteristics like being overweight (unless linked to an underlying disorder), or current illegal drug use.
  • Physical attributes like normal height or weight.
  • Personality traits such as irritability.
  • Uncomplicated pregnancy.

Comparison Table: Disability vs. Non-Disability

Factor Qualifying Disability Non-Disability Condition
Functional Impact Substantially limits one or more major life activities (e.g., walking, learning). Does not substantially limit a major life activity.
Duration Long-term, permanent, or severe temporary (6+ months). Short-term or temporary (heals within months).
Severity Significantly severe or episodic. Minor ailments like a cold.
Examples Conditions like multiple sclerosis, blindness, severe mental health disorders. Common cold, simple broken bone, routine dental care.

The Role of Mitigating Measures and Individual Assessment

The ADA considers the impact of an impairment without factoring in the positive effects of mitigating measures, like medication or assistive devices (except for ordinary eyeglasses). This approach ensures that conditions manageable with treatment, such as diabetes, can still be recognized as disabilities. Ultimately, determining if a condition is a disability is an individualized process based on the specific limitations it imposes.

Conclusion: Navigating Complex Definitions

Identifying which of the following is not a disability requires understanding the specific legal and functional criteria. While temporary conditions and certain characteristics are excluded, many chronic or episodic conditions, including those not visibly apparent, can qualify as disabilities if they substantially limit major life activities. The focus is on the severity, duration, and overall impact on an individual's life. A careful, individualized assessment is essential for accurate determination and appropriate support. Further details on ADA definitions are available on {Link: ADA.gov https://www.ada.gov/law-and-regs/ada/}.

Important Major Life Activities

The ADA recognizes various functions and activities as major life activities. An impairment substantially limiting any of these can be considered a disability. These include physical tasks (walking, lifting), sensory functions (seeing, hearing), operation of major bodily systems, cognitive functions (learning, thinking), basic self-care, sleep, communication, and work.

Common Exclusions from ADA Coverage

The ADA specifically excludes certain conditions and behaviors from the definition of disability. This includes sexual orientations, transvestitism, current illegal drug use, and compulsive gambling.

Frequently Asked Questions

No, a common cold is not considered a disability. It is a minor, temporary condition that does not substantially limit a major life activity for an extended period, which is a key criterion for a legally recognized disability.

A broken bone that heals normally within a few months is generally not a disability. However, if the injury leads to long-term or permanent complications that substantially limit a major life activity, it may be considered a disability.

An illness can be acute (short-term like a cold) or chronic (long-lasting like asthma), but a disability is a specific functional limitation. A disability involves a physical or mental impairment that substantially limits major life activities, which is a stricter and more specific definition than illness.

No, personality traits like irritability or chronic lateness are not considered mental impairments or disabilities on their own, although they may sometimes be associated with an underlying mental impairment.

Normal, uncomplicated pregnancy is not considered a disability under federal law. However, complications arising from pregnancy might be covered if they substantially limit a major life activity.

Normal variations in weight are not considered impairments or disabilities. However, if a person's weight is caused by an underlying physiological disorder that substantially limits a major life activity, that disorder may qualify as a disability.

The SSA defines disability as an inability to engage in any 'substantial gainful activity' because of a condition expected to last at least 12 months or result in death. This is different from the ADA, which focuses on whether a condition substantially limits major life activities but does not require a 12-month duration unless the condition is transitory and minor.

Under the ADA, the determination of whether an impairment is a disability is made without regard to the ameliorative effects of mitigating measures like medication. Therefore, if your condition would be substantially limiting without your medication, it is still considered a disability.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice.