ADA disability definition
ADA.gov describes three ways a person can have a disability under the law. You don't apply for this status; protection depends on meeting the definition.
- Actual disability: a physical or mental impairment that substantially limits one or more major life activities.
- Record of: a history of such an impairment.
- Regarded as: being treated as having an impairment.
Mental health conditions are included
Mental impairments, including emotional or mental illness, are covered. The federal regulation at 28 CFR 36.105 says major life activities include sleeping, concentrating, thinking, communicating, interacting with others and the operation of brain function.
The same regulation says certain conditions should, in virtually all cases, be found to substantially limit brain function, naming major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder and schizophrenia. ADA.gov lists PTSD, major depressive disorder and autism among its examples too.
A broad standard
The regulation says the definition is to be construed broadly and that "substantially limits" is not meant to be a demanding standard. Conditions that come and go, or are in remission, count if they would substantially limit a major life activity when active.
Mitigating measures don't erase a disability either. The analysis is made without considering medication, therapy or learned behavioral changes, so a person whose depression is managed with treatment can still have a disability.
Why ADA disability matters for a PSD
Both conditions must be met for a dog to be a service animal: you have a disability, and the dog is trained to do work or tasks related to it. A diagnosis alone doesn't make a pet a service animal, and a trained dog doesn't qualify if its handler doesn't have a disability.
In public places, staff can't ask about your condition. In housing, a provider may request reliable documentation when a disability isn't obvious, which is where a letter from a licensed clinician who has evaluated you can help. If you are in crisis, call or text 988, or call 911.
Disability under other laws
The Fair Housing Act uses a very similar three-part definition, so a person with a disability under the ADA will usually meet the FHA's definition too. Air travel rules under the Air Carrier Access Act also cover psychiatric, intellectual and other mental disabilities. State laws can be broader, but they can't take away federal protections.
Disability (ADA) FAQ
Is anxiety a disability under the ADA?
It can be, when it substantially limits a major life activity such as sleeping, concentrating or interacting with others. It's an individual assessment.
Do I have to prove my disability to enter a store?
No. Staff may ask only the two permitted questions and cannot require medical documentation.
Does medication mean I no longer have a disability?
Not necessarily. The ADA regulation says mitigating measures like medication are not considered when deciding whether an impairment substantially limits you.
Is the Fair Housing Act definition the same?
It is very similar. The Justice Department describes FHA disability as an impairment that substantially limits a major life activity, a record of one, or being regarded as having one.
Can a condition in remission count?
Yes. Episodic conditions or those in remission count if they would substantially limit a major life activity when active.
Who decides whether I have a disability for a PSD letter?
A licensed clinician evaluates your situation. A letter is issued only if the clinician finds it appropriate.
Sources
We cite government agencies, professional societies and peer-reviewed research. See our editorial policy.
- Introduction to the Americans with Disabilities ActU.S. Department of Justice (ADA.gov)
- 28 CFR 36.105 — Definition of disabilityeCFR (National Archives)
- The Fair Housing ActU.S. Department of Justice, Civil Rights Division
- ADA Requirements: Service AnimalsU.S. Department of Justice (ADA.gov)