Disability: The Legal Definition

How does the law define “disability?” If you’re considering filing a lawsuit after an injury, it’s likely that the term will figure prominently in your case.

The law defines disability as “inability to engage in any substantial gainful activity because of a physical or mental impairment.” Although the gainful activity often refers to work, it can mean other things as well. A disability may affect not only your ability to work, but also to engage in other activities or hobbies, particularly those you enjoyed before your injuries.

As an example: Losing the ability to hear in one ear is not likely to affect your earnings as a medical billing specialist, but you may find you’re unable to perform music with your weekly chorale group. Your hobby of singing is a substantial gainful activity, even though it’s not a paid pursuit.