Americans with Disabilities Act (ADA)

disability legal definition

The Americans with Disabilities Act (ADA) defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity

disability medical definition

The SSA defines disability as an impairment that results in the Inability to perform any substantial gainful activity (SGA) due to their impairment. SGA is work that involves significant physical or mental activities and is performed for pay or profit ( must be expected to last at least 12 continuous months or result in death)

steps for disability benefit application

1. application to social security administration

2. medical evaluation by SSA

3. Decision by SSA

4. Appeals (if necessary)

Social security disability insurance (SSDI) funding

Social Security taxes paid by workers, employers, and selfemployed individuals. Workers earn "credits" based on their work history and payroll tax contributions

supplemental security income (SSI) funding:

general tax revenues, not Social Security taxes. It is a needs-based program designed to assist low-income individuals who are elderly, blind, or disabled

employer sponsored and private disability insurance

funding for these types of disability benefits depends on the specific terms of the insurance policy. Employer-sponsored plans may be funded by the employer, the employee, or a combination of both. Private disability insurance policies are typically funded through premiums paid by the policyholder

there is a high/low correlation between counties that are poor and disability payments

high

what are the five ADA titles

1. employment

2. public services: state and local government

3. public accommodations and services operated by private entities

4. telecommunications

5. miscellaneous

title one: employment

Helps people with disabilities access the same employment opportunities and benefits available to people without disabilities.

title two: Public Services: State and Local Government

Prohibits discrimination on the basis of disability by “public entities” such as state and local government agencies

title three: Public Accommodations and Services Operated by Private Entities

Prohibits places of public accommodation from discriminating against individuals with disabilities. Public accommodations include privately owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.

title four: telecommunications

Requires telephone and Internet companies to provide a nationwide system of interstate and intrastate telecommunications relay services that allows individuals with hearing or speech disabilities to communicate over the telephone.

title five: miscellaneous

Contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws, state immunity, its impact on insurance providers and benefits, prohibition against retaliation and coercion, illegal use of drugs, and attorney’s fees