Can individuals who take medicine to lessen the symptoms of an impairment still be disabled?

Yes, individuals who take medicine to lessen the symptoms of an impairment so that they can function may be considered to have a disability. Under amendments effective January 1, 2009, the effects of mitigating measures such as medicines should not be taken in consideration when deciding if a person has an impairment that substantially limits a major life activity. The legislation reversed a US Supreme Court decision that held a determination of disability must take into account corrective measures, including medication, used to mitigate any disability.

However, even under the High Court’s rule, disability status was determined on an individual basis. Thus, for example, individuals whose high blood pressure is controlled by medication, may not have been considered disabled. Yet an individual with epilepsy who is taking medicine to control seizure may have been considered disabled if the seizures were not sufficiently under control to allow her to drive a car or take baths by herself for risk of drowning if a seizure occurred.

Under the new rule, the class of individuals who may claim to be disabled is greatly expanded. The single exception to the rule that mitigating not be taken into consideration is for ordinary eyeglasses or contact lenses. Additionally, the amendments provide that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.