Distinguishing normal aging from a qualifying disability
Aging is a natural life process that, for many, is a source of wisdom and new opportunities. However, it is also a period when health conditions and functional limitations can arise. The central question, “is aging considered a disability?”, hinges on the distinction between the normal physiological changes of getting older and medically determined impairments that substantially limit major life activities.
The ADA's definition of disability
Under the Americans with Disabilities Act (ADA), disability is defined not by the cause of the impairment, but by its effect on a person's life. To be protected by the ADA, an individual must have a physical or mental impairment that "substantially limits one or more major life activities". This includes functions like walking, seeing, hearing, and working. While the law does not explicitly list age as a disability, it protects an individual if their age-related conditions meet this criteria.
For example, normal vision decline addressed by reading glasses would not be a disability under the ADA. However, macular degeneration that causes significant vision impairment and limits the ability to read or drive could be a qualifying disability. The determination depends on the severity of the functional limitation, not the individual's age alone.
The Social Security Administration's perspective on aging
Unlike the ADA, the Social Security Administration (SSA) explicitly incorporates age as a vocational factor in its disability evaluation process. For individuals over 50, and particularly those over 55, SSA recognizes that it is more difficult to adjust to new work after an impairment. The SSA uses a five-step process to determine disability eligibility, and the final step considers factors like age, education, and work experience alongside the medical impairment.
This means that an older worker with a health condition may be approved for benefits more readily than a younger person with the same condition, because the SSA recognizes that age-related vocational factors limit the ability to retrain or find a new job. This is a crucial difference from the ADA, where age is not a factor in determining if an impairment is a disability, but rather a separate protected class under the Age Discrimination in Employment Act (ADEA).
Chronic conditions that can lead to disability in older adults
Many chronic diseases become more prevalent with age and can lead to disabling conditions. The National Institute on Aging highlights several such conditions:
- Arthritis: Can cause chronic pain and mobility issues that substantially limit walking and standing.
- Cardiopulmonary diseases: Conditions like heart disease and Chronic Obstructive Pulmonary Disease (COPD) can impact stamina and the ability to perform physical tasks.
- Diabetes: Can lead to complications like vision loss or nerve damage, which limit major life activities.
- Neurologic conditions: Disorders such as Parkinson's disease, Alzheimer's disease, and dementia can impair cognitive function and mobility.
- Sensory impairments: Significant vision and hearing loss can limit communication and mobility.
Comparison of ADA and SSA for older adults
| Feature | Americans with Disabilities Act (ADA) | Social Security Administration (SSA) |
|---|---|---|
| Primary Purpose | Civil rights law prohibiting discrimination based on disability. | Provides financial assistance for those unable to work due to a disability. |
| Definition of Disability | A physical or mental impairment that "substantially limits" a major life activity. | The inability to perform "substantial gainful activity" due to a medical condition expected to last at least 12 months or result in death. |
| Relevance of Age | Age is not a factor in the definition of disability; it is a separate protected class under the ADEA. | Age is a key vocational factor, particularly for those over 50, in determining eligibility for benefits. |
| Applicability | Employers (15+ employees), state and local governments, public accommodations, transportation. | Workers with a sufficient work history (SSDI) or low-income individuals (SSI). |
| Key Outcome | Protection from discrimination and access to reasonable accommodations. | Monthly financial benefits. |
Navigating societal perceptions and access
One significant challenge is that many older adults with age-related impairments do not identify as having a disability. This can lead to a reluctance to seek legal protections or request reasonable accommodations in the workplace or community. Societal stereotypes of aging as a period of decline can create additional barriers.
Efforts by advocacy groups and legal resources are working to bridge the divide between the aging and disability communities. They aim to ensure that older adults are aware of their rights and can access the support systems they need to live full, independent lives. This includes access to assistive technology, modified work schedules, and accessible public spaces.
Conclusion
Aging is not automatically considered a disability, but the distinction is subtle and defined by the functional impact of health conditions. Federal laws like the ADA and the SSA recognize that age-related impairments can rise to the level of a disability, providing pathways for protection and benefits. The key lies in understanding that a disability is defined by its substantial limitation on a person's life, not by their age itself. By recognizing the rights and accommodations available, older adults can maintain their independence and continue to participate fully in society. Resources from organizations like the ADA National Network can be instrumental in this process.
