Disability Defined in Statutes--in the ADA

     A healthy, intelligent medical partnership" regarding individuals with disabilities must begin with a definition of terms.  I will begin with the statutory definition stated in Section 12102 of the Americans with Disabilities Act of 1990 (ADA).  That is my starting point.  I write the Brain Damage Diary, and Patty's Epilepsy Chronicles to share a much deeper understanding of disability that we must strive to achieve--that we must create.
     Section 12102 defines disability as follows:
     (1) Disability
The term "disability means, with respect to an individual
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3)).
...
(3) Regarded as having such an impairment
For purposes of paragraph (1)(C):
(A) An individual meets the requirement of "being regarded as having such an impairment "if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor.  A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
     This definition is vague--intentionally vague.  The ADA of 1990 was crafted as a guideline--an instruction to a civilized society, in this case the United States, as to how to regard individuals with disabilities in daily life, and availability to resources sufficient to be a citizen who makes valuable contributions to society.  There  has been, and will continue to be significant litigation and debate regarding the nature of the term "disability."
     The ADA of 1990 definition of "disability" provides the starting point for my offering of the phrase "individual with a disability."  The ADA definition was developed as a guideline.  My definition, my descriptions--my reflections--are shared in the hope of spurring discussion, and nurturing greater understanding.

The Birth of Brain Damage Diary

     Brain Damage Diary will be an extension of my reflections regarding brain damage through two other blogs I write--Patty's Ponderings, and Patty's Epilepsy Chronicles.
     Brain Damage Diary will explore the subtleties that exceed the confines of epilepsy--the contents of Patty's Epilepsy Chronicles.  Do not be mistaken.  Epilepsy is one manifestation--one expression--of my brain damage.
     Patty's Ponderings differs from my plans for Brain Damage Diary in its scope, and subtlety.  Patty's Ponderings explores insights regarding world events, and daily living.  Both blogs shall continue.  I pray I may do justice to my other two blogs by developing this blog.
    Brain damage expresses itself in two forms directly--cerebral palsy, and epilepsy.  Osteoarthritis is not a direct manifestation of my brain damage.  Rather, osteoarthritis is an expression of the aging process--a process accelerated by the brain damage I experienced at birth.  So, I may refer to my osteoarthritis.  Brain damage did not cause osteoarthritis in me.  Brain damage introduced me to osteoarthritis earlier than I hoped it might.  Pardon me in so doing.  May my comments, insights, and reflections regarding osteoarthritis add to, rather than detract from my primary topic--brain damage.