- disability
- A deprivation of ability; a state of being disabled. Miller v American Mut. Acci. Ins. Co. 92 Tenn 167, 21 SW 39. Want of competent power, strength, or physical ability; weakness; incapacity; impotence. Hill v Travelers' Ins. Co. 146 Iowa 133, 124 NW 898. Loss of earning power; loss of a limb or member. 58 Am J1st Workm Comp § 282. Under some workmen's compensation statutes, impairment of physical efficiency, even though earning power has not been lost. 58 Am J1st Workm Comp § 282. As used in a policy of accident insurance, the bare term "disability" means disability from performing the occupation which the insured was following at the time of the accident, and not some vocation which he might be able to follow after the accident. Ozark Mut. Life Asso. v Winchester, 116 Okla 116, 243 P 735; 29A Am J Rev ed Ins § 1518. For the purposes of the Social Security Act, inability by reason of a medically determinable physical or mental impairment, to engage in substantial and gainful activity, commensurate with his age, educational attainments, training, experience, and mental and physical capacities. Teeter v Fleming (CA7 Ind) 270 F2d 871, 77 ALR2d 636. Want of legal capacity, such as infancy, insanity, and loss of rights consequent to the conviction of a crime. Berkin v Marsh, 15 Mont 152, 44 P 528; 23 Am J2d Crim L § 616. See legal disability; total disability; total mental disability; total physical disability.
Ballentine's law dictionary. Anderson, W.S.. 1998.