Effect of Excluded Condition On Disability Determination

Effect of Excluded Condition On Disability Determination A person who alleges disability based on one of the excluded conditions is not an individual with a disability under the ADA. Note, however, that a person who has one of these conditions is an individual with a disability if (s)he has another condition that rises to the level of a disability. Thus, a compulsive gambler who has a heart impairment that substantially limits his/her major life activities is an individual with a disability. Although compulsive gambling is not a disability, the individual's heart impairment is a disability.