Disability is a term of art, and the definition varies from statute to statute. Social Security disability is not the same as Worker Compensation disability which is not the same as ADA disability. In fact, being eligible for one kind of disability could mean you're ineligible for another kind. The ADA, Sections 501, 503, and 504 of the Vocational Rehabilitation Act, and the New Mexico Human Rights Act basically use the same definition, but to understand these laws you must peel an onion. There are many layers of technical, technical definitions, and after awhile, the effort can make you cry. We have tried to use the phrasing and words from the ADA, but some of the words in the questionnaire are not used in their technical, precise sense in order to avoid confusion and the feeling that someone has turned on the fog machine.
The law requires that you must try to cut your losses by trying to get comparable work.