DJ 202-PL-221
                                         SEP 9 1992
Ms. (b)(6)
XX
Lufkin, Texas XX

Dear Ms. (b)(6)
        This is in further response to your letter of June 16, 1992,
requesting an interpretation of the Americans with Disabilities
Act ("ADA").

        We are unable to give you an advisory opinion regarding the
specific questions raised in your letter. However, I can refer
you to the Department of Justice implementing regulation for
title III of the ADA that may provide you with some guidance in
these matters. See 28 C.F.R.  36.101 et seq. (copy enclosed).

        Section 3 of the ADA defines a disabled individual as one
who (a) has a physical or mental impairment that substantially
limits one or more of the major life activities of the
individual; (b) has a record of such impairment; or (c) is
regarded as having such an impairment. See, in particular,
28 C.F.R. S 36.104 for the definitions of a person who "has a
record of impairment" and one who "is regarded as having such an
impairment." See also pages 8-12 of the Title III Technical
Assistance Manual (copy enclosed).

        The executive branch of the Federal Government is covered by
Title V of the Rehabilitation Act of 1973, which prohibits
discrimination in services and employment on the basis of
handicap. Accordingly, questions concerning disabled persons and
whether they are eligible for Social Security benefits should be

cc: Records Chrono Wodatch Bowen Delaney.ada.ltr.(b)(6) (7)(c)
    Library FOIA arthur T. 9/8/92
01-01484
                                - 2 -
addressed to the Social Security Administration, Department of
Health and Human Services, 6401 Security Boulevard, Baltimore,
Maryland 21235.

        I hope this information is helpful to you.

                                Sincerely,

                                L. Irene Bowen
                                Deputy Director
                Office on the Americans with Disabilities Act
                             Civil Rights Division
Enclosure
        Title III regulation
        Title III Technical Assistance Manual

01-01485