Is Being Dead A Disability?

I read two items about dead people today. First, I read this post by Marjorie Johnson about a woman in Alabama who died after the EEOC issued her a right-to-sue letter. She died before a complaint was filed in her name, but the complaint was allowed to proceed (I assume with her estate substituted in as the plaintiff).

Next, I read in the ABA Journal Weekly about a man who tried to reverse a judicial determination that he was dead — and failed! This was in Ohio. In California, pursuant to Evidence Code § 667, "[a] person not heard from in five years is presumed to be dead." However, it's a rebuttable presumption and walking into court with identification seems like a fine way to rebut it.