Disability: Category One
SUBSTANTIAL LIMITATION
Not every impairment affects a person's life so much that it (the impairment) is considered a disability under Section 188 of WIA. In order to qualify, an impairment (or combination of impairments) must substantially limit one or more of the person's major life activities.
In general, substantially limits means that an impairment prevents the person who has the impairment from performing (or doing) a major life activity that the average person can perform (or do), or that it significantly restricts the person in performing such an activity, as compared with the average person.
For example, certain learning disabilities or psychiatric disorders may significantly affect the conditions under which a person can perform the major life activity of concentrating, by causing her to be easily distracted by noise or interruptions, and to need a quiet atmosphere in order to perform tasks that other people who do not have the same disability.
Generally, the determination whether a person with one or more impairments is substantially limited should be made on a case-by-case basis, by someone with expertise in the field.
There are three factors that should be considered in determining whether the limitations caused by an impairment are substantial. The factors are as follows:
- The nature and severity of the impairment;
- The duration or expected duration of the impairment; and
- The permanent or long term impact, or the expected permanent or long term impact, of or resulting from the impairment.
