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What determines whether a disability is considered substantially limiting?

Nature and severity of the disability

The determination of whether a disability is considered substantially limiting is primarily based on the nature and severity of the disability itself. This involves assessing how the condition affects a person's ability to perform major life activities, such as walking, talking, seeing, or engaging in work. Substantial limitation means that the individual is significantly restricted in their ability to perform these activities as compared to the average person in the general population.

The focus on nature and severity is critical because it encompasses not just the diagnosis of the disability, but also the impact it has on an individual’s daily functioning. For instance, a diagnosis might be the same for two individuals, but if one person's condition severely limits their mobility while another's only moderately affects them, the level of impact differs significantly.

The other factors listed, such as the type of intervention available, a client's socioeconomic status, and age, while they can influence the overall context of a person's situation and the supports they receive, are not the primary determinants of whether their disability is considered substantially limiting. Instead, they might affect outcomes and access to resources rather than the intrinsic characteristics of the disability itself.

Type of intervention available

Client's socioeconomic status

Age of the individual

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