Well, he's a superhero because of that fancy hi-tech suit that he's wearing, which Winn made. But, sometimes that does not help him (e.g., getting shot at or getting electrocuted at). But, if that only takes for him to be a super-hero, why doesn't Winn make these hi-tech combat suits for every DEO member out there? I mean, Supergirl would be essentially out of a job, but Kara would live her life as she wanted in S1 - be a reporter and have a normal life. Up until someone in DEO goes rouge and she's forced to get back into action... Hmm...