Americans with Disabilities Act (ADA)

On July 26, 2015, we will celebrate the 25th anniversary of the passage of the Americans with Disabilities Act (ADA) signed into law by President George H.W. Bush in 1990. It is one of the most comprehensive pieces of legislation for the disability community. It prohibits discrimination on the basis of disability in employment, public services provided by state and local governments, public services operated by private entities, transportation, commuter authorities, or telecommunications.

An excerpt from the National Council on Disability (NCD) report:

Living in the community with family and friends, working at a typical job in a regular business, and participating in community affairs is a right of citizenship, not a privilege for individuals with disabilities, as for all Americans. This right was confirmed with the passage of the Americans with Disabilities Act in 1990, affirmed with the 1999 Supreme Court’s Olmstead decision, and repeatedly reaffirmed in the years since that landmark decision. 

Disability rights are a CIVIL RIGHTS issue. Accessibility to public places & social programs, equality in employment practices and education – these are all federally protected rights for every person in the United States, including those with disabilities. We must stop viewing individuals who are disabled as subhuman or charity cases. Having ramps and elevators installed at rec centers; having ample aisle space at department stores and restaurants; providing larger stalls with handrails in public bathrooms – these are not things that people with disabilities should feel grateful for. It is not a privilege to have appropriate supports or removals of barriers. It is the LAW.

Forward RISE is a NYS nonprofit committed to the real inclusion of people with disabilities through knowledge-sharing workshops and inclusive social experiences.

http://forwardrise.org/

Achieving a Better Life Experience Act (ABLE)

The Achieving a Better Life Experience Act (ABLE) was finally signed into law by the President on December 19, 2014. Tax-free savings accounts can now be built for a population that has historically been forced to live in poverty. Up until now, in order to be eligible for SSI and Medicaid, a person could not have more than $2,000 in cash and property ($3,000 for couples) or make more than $700 monthly (!) in order to be eligible for Medicaid or SSI. This means they can’t save money for things that Medicaid and SSI don’t cover like education, housing, a job coach or transportation. While the rest of society is encouraged to save for emergencies, unforeseen expenses and rainy days, people with disabilities – who have naturally higher expenses and higher medical needs – were forced to scrape pennies and do without due to archaic laws and discriminatory notions held by society in general.

What is the ABLE Act?

Once enacted by the States, this bi-partisan piece of legislation will give people with disabilities and their families freedoms and security never before experienced. It amends the IRS code of 1986 to allow savings accounts to be set up for individuals with disabilities much like the college tuition accounts known as “529 accounts” that have been around since 1996. The Treasury Department is currently writing all of the regulations. There will then be a period of time where public comments on the proposed rules will be allowed. Before the end of 2015, every State is expected to establish and operate an ABLE program.

  

  ü  Allows savings accounts to be set up for individuals with disabilities

  ü  Recipients do not have to count funds as income

  ü  Recipients do not have to pay taxes on funds if they are used for disability-related expenses

How does it work?

In a nutshell, once enacted by a State, an ABLE savings account can be opened up by an individual with a disability or by someone else on their behalf. Up to $14,000 may be deposited yearly untaxed, with that amount to be increased as inflation rises. If an account surpasses $100,000, the owner of the account will no longer be eligible for SSI but would not be in danger of losing Medicaid. When a person dies, Medicaid will be reimbursed first from the account before it is dispersed to the person’s estate.

  ü  Can be opened up by an individual with a disability or by someone else on their behalf

  ü  Up to $14,000 may be deposited yearly

  ü  Up to $100,000 can be accrued without affecting SSI

Who is eligible?

Individuals with a disability wanting to establish an ABLE account must have acquired their disability before turning 26. If an individual is over the age of 26 but their disability onset was prior to turning 26, they will be still be able to establish an ABLE account. Individuals who meet this requirement and receive SSI or SSDI are automatically eligible to establish an account. Individuals who do not receive these services may still be eligible if they meet SSI criteria regarding who is eligible. The Treasury Department will further explain standards of proof in the regulations they are currently completing.

  ü  Onset of disability must have occurred prior to turning 26 years of age

  ü  Must meet SSI eligibility criteria

What can the funds be used for?

While the details are still being finalized, it is anticipated that the funds will be allowed to cover any disability-related expenses, including:

  ü  Education

  ü  Housing

  ü  Transportation

  ü  Employment training and support

  ü  Assistive technology and personal support services

  ü  Health, prevention and wellness

  ü  Financial management and administrative services

  ü  Legal fees

  ü  Funeral and burial expenses

This is a great step forward in the right direction for this community. Let’s hope the regulations are completed sooner rather than later so that individuals and families can begin saving for a better life!

Wells Fargo seems to have humans with hearts running it!

UPDATE!
Wells Fargo has agreed to cancel her eviction and is in talks with her attorney. There have been numerous calls and letter of support as well as donations to help Sandra. Her attorney is setting up a fund for her. If you care to help, you can call 203-324-7744 or email Sandra Weiler at mrsweiler@aol.com.

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So far, cerebral palsy and cancer hasn't stopped Sandra Weiler. Will Wells Fargo follow suit? Could it be that the banking industry is doing the right thing? Taking what seems to be a "human-centered" approach rather than a "dollar-centered" approach, Wells Fargo has agreed to review a particular case and put their decided eviction of Sandra Weiler, a woman with cerebral palsy, on hold.

At first glance, automatic assumptions would run rampant through many people's minds about how this woman ended up getting an eviction notice. Things like "government assistance" and "moocher" might occur to some people (ok, LOTS of people) reading this.

But before you make up your mind, let me tell you that the woman you see in the still of this video has her PhD, has owned a daycare and is a special education teacher who currently teaches at a university in Connecticut. She was also fighting cancer and has recently lost her medical coverage.

Yes, I know banks are in it for the money but aren’t there times where a person could actually just be going through a rough patch and be given an extension? I’m so glad Sandra Weiler was given an extension and I hope that Wells Fargo will allow her to stay in her accessible home which she has customized to her particular needs to give her the independence every human being deserves!

More 411 on the ABLE Act

In May, I posted "ABLE Act - Savings For People With Disabilities" which explains what the ABLE Act is and why it's so important to the disability community. I just came across this other article that also explains what it's about in very real terms. I wanted to share it because I can't stress enough how important it is that this piece of legislation become a reality! Here's the link to "How Medicaid Forces the Disabled to be Poor"

Sheltered Workshops: A Good Thing Or A Bad Thing For People With Disabilities?

Workforce Investment Act

Currently, most students with disabilities are referred to sub-minimum wage jobs (often times substantially less than the $7.25 minimum wage rate) at workshops when they graduate from high school. There is new legislation under consideration in both Houses of Congress that would alter their pathway into the workforce. Under Section 511 of the Workforce Investment Act, people under 24 years of age could not be employed by workshops unless they have sought employment in other settings first. This legislation also requires that state vocational rehabilitation agencies provide “pre-employment services” to students at schools in their area.

Pros/Cons 

There are many who are supportive of passing this legislation. They believe it will re-route youth into more fulfilling career paths who may have otherwise been automatically steered toward subminimum wage employment. Christopher Danielsen, a spokesman for the National Federation of the Blind, is quoted as saying that this proposal is an “important first step toward eliminating wage discrimination against people with disabilities.”

However, there are those who fear the passage of this legislation will only hurt the disability community. Parents and caregivers of individuals with severe cognitive and developmental disabilities feel that sheltered workshops are the only option for certain individuals because of the limitations their disability puts on them. By taking away the option of workshops, Congress is taking away these individuals’ ability to “have something to do”, be out in society, make friends and have a sense of self-worth.

Desegregation

Forward RISE Logo

I’d be interested to see exactly how this would work. In my opinion, this proposal has great potential for getting people with disabilities into society in a very real way. At Forward RISE, we are committed to inclusion, and the passage of a proposal like this is a great step towards this goal. There is a significant segregation between the two communities of people with and people without disabilities and the only way to fix this is through real inclusion. State vocational rehab agencies can begin their work with students when they reach high school age so that they can prep for transition to life after school. This school in New Jersey has a great program for its students with developmental disabilities that offers real-life skills and industry certifications to help them land a job or to succeed in college. 

When I was in high school, I remember taking a questionnaire that narrowed down my interests into possible career paths. There could be a modified version of this for people with disabilities. If a person only has one option – sheltered workshops – they will never learn if they have the potential to do something different.

Why is this so important? We have to consider the bar that we set for people with disabilities. Are we setting the bar too low by assuming that the best place for anybody with a disability is a sheltered workshop? I say yes! Too often, assumptions are made on people with disabilities. It is presumed that they are incapable of making decisions, keeping a schedule or following directions, let alone having higher-thinking qualities needed for employment. Destination Desserts changes the game by assuming that people with disabilities do have the ability to hold down a job outside of a sheltered workshop. 

But we also have to realize that there are certain individuals for whom sheltered workshops would be the best environment. Taking away that option completely would devastate many individuals and families who rely on these places.

As with anything, change can be scary and difficult, especially when we are talking about a community with such a varied group of people. This proposal can be the beginning of the desegregation of disabled and able-bodied people. I can’t wait until the word “inclusion” is no longer a part of our conversation because at that point, it will just be.

Bullied Boy Gets Charged After Recording Bullies In Action

A 15-year-old boy with a comprehension delay disorder, ADHD, and an anxiety disorder complained to his school and parents that there were bullies who were intimidating him and physically attacking him yet the school failed to intervene on behalf of their student. He decided to take action and use his school-issued iPad to record an incident with the (rational) thought that if he had proof he could stop the bullying. Boy, was he wrong! Instead what happened was he, himself, was charged with disorderly conduct for secretly recording individuals who didn’t give consent to being recorded! If you’re thinking, “Surely this can’t be happening now, in today’s society” you are very wrong, my friend. He was just found guilty on March 19, 2014. You might also be thinking, “This must have happened somewhere outside of America because this type of unfairness would not be allowed in an advanced country such as ours”, and you would be wrong on this account, as well. This happened in the great state of Pennsylvania, one of 12 states that require the consent of all parties when making a recording. The bullies have never been punished.


Thankfully, the DA eventually decided not to pursue this case and dropped the charges after it gained public attention. But there is something seriously wrong with Lt. Robert Kurta, the officer who made the decision to file a citation against the teen, and the legal system if a teen who isn’t being protected by their school takes matters into their own hands in a non-violent way. You can watch an interview of the teen here.

Thanks to The Mobility Resource for bringing this story to my attention.

ABLE Act - Savings for People With Disabilities

The Achieving a Better Life Experience (ABLE) Act was introduced in Congress in February 2013 and it has recently been analyzed by the Congressional Budget Office (CBO), a nonpartisan federal agency that that provides budget and economic information to Congress. If and when it is finally passed, it can make a huge positive impact on the lives of people with disabilities.

ABLE Act – What it means

The ABLE Act would amend the IRS revenue code in such a way that would allow savings accounts to be set up for individuals with disabilities much like the college tuition accounts known as “529 accounts” that have been around since 1996. The money accrued in that account is not considered taxable income to the individual and their eligibility for SSI or Medicaid is not at risk, which are often times the only income and medical coverage people with disabilities have. 

A real life example:

Tony’s sister has a beautiful little girl who was born with cerebral palsy. Little Maggie is the light of her mother’s eye but she has a long road ahead of her. Tony sees how much it costs to get the equipment Maggie needs and deserves in order to be included in the rest of the family’s daily life. Maggie’s mom works very hard but can’t possibly cover all the expenses on her own.  Medicaid only covers the very basics and even those things are often a fight to get. Tony decides to help out by setting up an ABLE account for Maggie’s needs. He knows it won’t count as income to Maggie’s household so there’s no risk that the SSI and Medicaid Maggie and her family rely on will be affected. Family members & friends regularly deposit money in Maggie’s account for holidays & birthdays and Maggie’s mom is able to pay for the expenses that Medicaid doesn’t cover.

Key Characteristics

• Anybody (including the individuals with disabilities themselves) can set up an ABLE account and multiple accounts in different states can be set up for one individual
• Qualified expenses include education; housing; transportation; employment support; health, prevention, and wellness; miscellaneous expenses (such as financial management or legal fees); assistive technology and personal support services
• Earning and distributions from the account would not count as taxable income to the owner
• Contributions would be made using cash from the contributor’s after-tax income
• Assets in these account would be disregarded when determining the individual’s eligibility for most federal means-tested benefits such as medical coverage
• The first $100,000 would be disregarded when considering the eligibility for SSI

ABLE Act – Impact on SSI

In order to quality for SSI, an individual cannot have more than $2,000 in assets (for couples it’s $3,000). If their assets exceed this maximum amount, they must spend down the excess before they can qualify. Think about what this means! A person with disabilities cannot have a “rainy day” fund or a savings account for fun vacations like the rest of society. Doesn’t every financial expert say that we should have at least 6-8 months of expenses saved in case of an emergency? I guess people with disabilities don’t have emergencies like people without disabilities! Why would they need to have money saved up? The reality is, people with disabilities have higher medical expenses but are expected to live in poverty before they can qualify for government assistance which covers the very, very basics! And I hope that you, dear reader who doesn’t have a disability, will not become disabled due to an accident or illness because any money you’ve worked so hard to save up until then will have to be handed over until you have almost nothing left.

Another real life example:

Joe has always been a hard worker. He got his first job as a cashier at age 16 and was taught to save by his parents. By the time he turned 26, he managed to save over $15,000 in a savings account. For his 27^th birthday he and his friends decided to go bungee jumping. That decision cost him his legs. After a freak accident, Joe became paralyzed from the waist down. He had to stop working because of his injuries and no longer had medical coverage. He applied for SSI and Medicaid but because he had so much money saved – money he was saving to buy himself a home – he didn’t qualify. Joe had to spend all that money he worked so hard for before he could find any assistance. A man who was independent and always worked for the things he wanted now had almost no money left and had to depend on the government for what little they could do for him.

Support is growing

Thankfully, the list of people and organizations that are behind the ABLE Act is steadily growing. The passage of this Act is crucial to people with disabilities and their loved ones.  

Congressman Crenshaw states it well: 

"No longer would individuals with disabilities have to stand aside and watch others use IRS-sanctioned tools to lay the groundwork for a brighter future. They would be able to as well, and that's an accomplishment we can all be proud of."

To see if your state’s Representatives and Senators support the ABLE Act you can check the following websites:

House of Representatives 113th Congress (2013-201

4)

Senate113th Congress (2013 - 2014)

It’s time for the government and certain populations in our society to expect those with the least to give the most!

Equality for all, ALWAYS!

Be sure to Like me on Facebook at theSeed and at Forward RISE

Fundraising Event in NY - Proceeds to Benefit People With Disabilities

Forward RISE, a nonprofit committed to the inclusion of people 

with disabilities, is sponsoring a fun afternoon of 

bowling at East Islip Lanes (NY). 

Check out our website at Forwardrise.org

Like us on Facebook at Forward Rise Facebook

WHEN:    May 17, 1 pm

WHERE:  East Islip Lanes                                                    

               117 East Main St.                 

               East Islip, NY 11730 

COST:     $25 for 2 games & shoe rental, lunch, 

               unlimited soda and coffee & dessert

There will also be a 50/50 raffle and the highest score wins a prize!

All proceeds will go towards workshops and events that 

promote the acceptance of people with disabilities.

Tickets are now on sale!!

New York Gets Inspired - Work Incentive For People With Disabilities Passes the Senate

GOOD JOB NEW YORK!

Inspire NY is a tax incentive spearheaded by Senator David Carlucci (D) that encourages businesses to hire people with developmental disabilities. It just passed the Senate! This legislation helps thousands of New Yorkers gain a sense of belonging and inclusion in their own community. Businesses will receive up to $5,000 for hiring each full-time employee and up to $2,500 for hiring each part-time employee.

Follow Senator Carlucci on Facebook at https://www.facebook.com/davecarlucci

Disability Awareness Month - 5 Influential People of the Civil Rights Movement For People With Disabilities

For Disability Awareness Month I’ve put together a list of five influential people of the disability rights movement in the United States. This is just a short list of some people who have made a tremendous impact on how people with disabilities are able to live today.

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Hellen Keller

 1. Hellen Keller – Born in 1880, Helen was struck by a mysterious illness called “brain fever” by a family physician at 18 months and became deaf, blind and mute. At the age of 7, her parents found a young teacher who would teach Helen how to communicate and they would become life-long friends. Helen graduated from Cambridge School for Young Ladies and went on to become a well-known speaker doing lectures and working on behalf of people with disabilities. She testified before Congress, advocating for an improvement in the welfare of the blind. She co-founded Helen Keller International to combat the causes and consequences of blindness and malnutrition. In 1920, she helped found the American Civil Liberties Union (ACLU). Helen tackled many social issues including women’s suffrage, pacifism and birth control. She traveled to 35 countries on five continents, including a five month trip across Asia at the age of 75 in order to improve the lives of people with disabilities. She died in her sleep in 1968, just a few weeks before her 88^th birthday.

Gini Laurie

2. Virginia “Gini” Grace Wilson Laurie – She is considered one of the “grandmothers” of the independent living movement. A year before her birth in 1913, two of her sisters died from poliomyelitis and her brother was left severely disabled. As an adult, she volunteered with the Red Cross in the Cleveland Toomey Pavilion rehab center during the 1949 polio epidemic. In 1958, she took the unpaid job of editor of the Toomeyville Gazette, a newsletter put together by patients who recovered at the rehab center after contracting polio. The Gazette published articles on legislation, activism and what would become known as the independent living movement. In 1970, Gini wrote an article in the newly-named Rehabilitation Gazette where she stated plainly that for people with disabilities, the most important thing “is the right to freedom of choice to live as normal a life as possible within the community…Segregation is unnormal.” In 1977, she wrote Housing and Home Services for the Disabled: Guidelines and Experiences in Independent Living”. It pointed to the fact that it is more cost-effective for people with disabilities to live in their community than being put into institutions or nursing homes, an important point still being driven in the disability movement today. She died in 1989 of cancer.

Ed Roberts

3. Ed Roberts – After contracting polio at age 14 and living in the hospital for two years, Ed was finally able to move back home. But things were very different. Because of the polio, he was only able to move two fingers and slept in an iron lung. His struggle against discrimination began immediately when school administrators did not allow him to attend school with his classmates. They felt it was best to have teachers instruct him privately at home. The family fought back and they won him the right to attend school with his classmates. After graduating from a junior college, he had to go through another battle in order to be allowed to attend the University of California in Berkeley. He eventually won this fight as well and went on to study Political Science. Because of Ed, more disabled students were allowed to attend Berkeley and they eventually formed a disabled student organization on campus. Their focus was to make the university more accessible and provide trainings on daily support techniques. In 1972, Ed helped the group form the first Center for Independent Living which was considered radical at the time because it was run by people with disabilities rather than medical professionals. He became the first person to serve as the Director of California’s Office of Vocational Rehabilitation. In 1981, he and Judy Heumann and Joan Leon started the World Institute on Disability (WID) which studies legal rights issues for people with disabilities around the world. Often referred to as “the father of the disability rights movement”, he was president of WID until his death in 1995.

Justin Dart

4. Justin Dart – At the age of 18, Justin contracted polio which left him unable to walk. He came from a wealthy family in Chicago and in 1967 he and his wife devoted their lives to helping people with disabilities. On his own dime, they travelled the across the United States in the early 1980’s which was quite an undertaking because many places were not wheelchair accessible. Universal design was just beginning to be implemented in larger cities but in smaller ones, it was practically unheard of.  What was learned through conversations during this tour was the basis for a policy that called for national rights for people with disabilities. It would eventually become the Americans with Disabilities Act (ADA) of 1990. Because of the national dialogue that took place during this time and the subsequent passing of the ADA, Justin Dart is considered to be “the godfather” of the ADA. In 1995, he founded the American Association of People with Disabilities (AAPD) along with others. At the age of 71, he died in 2002 from congestive heart failure related to complications of post-polio syndrome.

Wade Blank

5. Wade Blank – emulating the great Dr. King, Wade began a movement in the 1970’s within the disability community in Denver, Colorado that would give rise to ADAPT, a national grass-roots community that organizes disability rights activists to engage in nonviolent direct action. A former minister, he saw the sad living conditions of individuals with severe disabilities in nursing homes and took it upon himself to make changes. He not only moved people from institutions into independent living centers but these very same people became co-protestors in his fight against the discrimination built into the public transportation system. They waged the first sit-in of their kind and surrounded a bus with their wheelchairs in Denver. The group quickly expanded to other cities around the US, holding demonstrations fighting for accessibility in public bus systems. His group’s national recognition paid off as accessible public transportation was included in The Americans with Disabilities Act (ADA), a landmark law passed in 1990. He continued to be a leader in the civil rights movement of people with disabilities until his death in 1993.

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Without these role models and others like them, people with disabilities would not have the right to a free and public education, public transportation and barrier-free public places, among other civil rights. Although there is still much work to be done, it is uncontestable that the foundation laid down by these pioneers sparked a movement that is still growing today.

Can you think of any others who have made a major impact on the lives of people with disabilities?

Top 5 Visitable Cities - Places Where People With Disabilities Have Great Accessibility

Vacations are enjoyed by millions of people all over the world but some people with disabilities can find planning a vacation a bit daunting because of disability issues. Some may even think it’s impossible. I say, with proper planning, you can have a great vacation to remember. Here is a list of the top five most accessible places to visit in the world.

Berlin, Germany

1. Berlin, Germany

It was awarded the “Access City of the Year” in December 2012 by the European Commission due to its aggressive and forward-thinking plan of creating a fully accessible public transportation system. Its plan also includes broadening sidewalks and using tactile guidance systems at road crossings. By the year 2020, the government plans on Berlin being 100% accessible. A large majority of museums in Berlin are already accessible as are most of the more well-known hotel chains but be sure to ask when making reservations what accessible features are currently available. You can search for places to visit at Visit Berlin for People with Disabilities. 

Vancouver, British Columbia

 2. Vancouver, British Columbia, Canada

One of the most diverse cities in the world, Vancouver offers visitors a wide variety of cultural foods and experiences. With its great public transportation system – buses are equipped with wheelchair ramps and the Sky Train and SeaBus are also accessible – visitors have a variety of choices when deciding how to get to where they’re going. Vancouver International Airport is one of the world’s most accessible airports. Some barrier-free features include amplified handsets at service counters, low-mounted information monitors, services for the deaf and accessible washrooms. Travelers can rent vehicles with hand-controls or use the Airporter shuttle bus service to get to their hotels. For more information on where to go and what to do, go to Accessible Vancouver.

San Diego, California, United States

3. San Diego, California

When you think “California” you should also think “beach”! With its mild climate you can enjoy 70 miles of beach when visiting this city year-round. At at least fifteen San Diego beaches, beach wheelchairs are available for people with disabilities at no charge. Some even offer motorized chairs. To find a list of beaches with phone numbers check out CaliforniaCoastal Commission. You can also take accessible sightseeing tours via bus, boat or old-fashioned trolley. Go to SanDiego.org to plan your trip. 

Denmark

4. Denmark

Yes, the whole country. While all Scandinavian countries are very disability-friendly, Denmark stands out because of its “Accessibility For All” program. This is a tourism labeling system for hotels, attractions, restaurants and other places you might want to visit while there. You can search for places and other things accessible using http://www.godadgang.dk/ and narrowing it down by city, type of place, disability and more. You can also find more tourism information at VisitDenmark.com. 

London, England

5. London, England

England might call to mind old tradition but that doesn’t mean it hasn’t modernized its accommodations for people with disabilities. The subway system, called the Tube, has some stops that are not wheelchair accessible so if you’re planning on traveling that way be sure to research ahead of time to find the stops that are accessible. However, the large majority of their buses are accessible and their taxis are required by law to be accessible. You can find accessibility information at Transport For London. Many of London’s most popular sight-seeing stops are free or offer a discount for people with disabilities. There are some places that even allow one care giver in at no charge.

Special Mention:

Morgan’s Wonderland in San Antonio, Texas – A recreational park that provides a beautiful environment free of economic barriers that all individuals, regardless of disability can enjoy. It boasts many attractions such as a sensory village, picnic area, playground and sandpit and a carousel that is accessible to all including wheelchair users. Tickets can be purchased online and are very reasonably priced. Individuals with disabilities and children under 2 get in for free. Visit their site at Morgan’s Wonderland.

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So now that you have some ideas of where to go, let’s go over a few tips on how to travel with a disability:

1.  Plan ahead! Give yourself as much time as possible to research where you are going. Here are some questions you should ask:

·         Is the destination airport accessible? Who can help you find the right accommodations?

·         Does the hotel have a no-step entrance; rooms on the first floor; wide hallways/doorways; grab-bars or roll-in showers? Do they have other accommodations such as interpreters or amplified handsets?

·         Is the local area disability-friendly? How will you be getting to local attractions and sites?

2. Bring a letter from you doctor - Preferably on a letterhead, a doctor’s note explaining your condition and necessary treatments could help you if you become ill or injured. Make sure the doctor’s contact information is on the letter.

3. Be specific - Not everybody will know what your particular disability entails or requires. When makin queries be very clear about what your needs are.

4. Know about emergency services - In the US, 911 is the universal emergency phone number. What about in other countries? Be sure to know what to do if you have an emergency.

Remember, being prepared for the worst allows you to enjoy your time better. Here are some travel sites geared toward helping people with disabilities:

Mobility-Advisor.com 

Society for Accessible Travel and Hospitality 

Enable Mob Travel Resources 

Disability Travel and Recreation Resources 

Happy vacationing!

Subminimum Wage Debate Rages On

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UPDATE 2/12/13: 

The disability community has been heard!

According to a White House memo, “Under this Executive Order, all individuals working under service or concessions contracts with the federal government will be covered by the same $10.10 per hour minimum wage protections."

ALL = Workers with and without disabilites

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In his State of the Union Address last week, President Obama mandated an increase to the minimum wage rates of employees working for companies doing business with the government. It seems as if the government does not view workers with disabilities as equal to workers without disabilities – at least until the disability community yelled out “WHOAH!” In a letter to the administration signed by 25 disability advocacy groups the point was made that “all employees” should mean just that. ALL. The government is now reconsidering its position. According to U.S. Secretary of Labor Tom Perez, “We’re actively looking at what our legal authorities are and what our abilities are” as they finalize the executive order to increase the minimum wage.

There is a debate going on within the disability community on whether or not subminimum wage is a detriment or an advantage to workers with disabilities. 

You can read about what both sides have to say on my blog here: Subminimum Wage For People With Disabilities Debate

Even YOU Can Become Disabled - Why Visitability Is Necessary

A Wheelchair Wonderland

I remember vividly a point in time where I wished desperately that the whole world was in a wheelchair so that everyone could know what my daughter had to go through just to go to someone’s home. The city of Austin, Texas is creating that world. Well, kind of.

The city council in Austin, Texas is currently deciding on new rules that could make all newly built homes wheelchair accessible. The first two drafts have already been approved so it’s looking good that this third and final draft will push through without a problem. If approved, levered door handles, light switches placed at lower heights and wide doorways will be features required on the first floors of new single-family homes and duplexes. Not widely talked about –yet – this is known as “visitability”. This is a concept in home design that would allow a person in a wheelchair that lives there or visits access the home without any problem. There are cities in the US that already have these rules in place: San Antonio, Atlanta, St. Petersburg, Fla., and Tucson, Ariz. According to the website www.visitability.org, a home is visitable when it meets the following three basic requirements:

     * At least one zero-step entrance

     * Doors with a minimum of 32-inch clearance

     * At least one bathroom on the main floor that is wheelchair accessible

Becoming Disabled

Some of you may be wondering why this is necessary. If you’re reading this and you’re not disabled then you probably don’t view this as important enough to make legal regulations over. But let’s consider that. Just because you weren’t born with a disability doesn’t mean you never will become disabled. Here are three examples you may have never thought about:

1. Old Age

Think about your (or your friends’) grandparents. Do you know any who use walkers, hearing aids, have trouble standing or reaching or bathing or cooking? Did they always have those problems? Most likely, these disabilities are of the acquired type meaning they were born without a disability but because of aging they now have difficulty with one or more activity of daily living. Oftentimes, the word “disabled” is not used when referring to senior citizens if they’ve lived independently their entire lives. But that’s exactly what they have become (and what the large majority of us will become should we be blessed enough to live into our 60’s and beyond). A home built with visitability in mind will increase the chances that a person can live on in their own home rather than being moved into a nursing facility. And by “a person” I mean YOU!

2. Illness

There are also people who are fine into their 30’s and 40’s and then become ill or develop medical conditions which limit their ability to be as independent as they have always been. Multiple Sclerosis (MS) and Lou Gehrig’s disease (ALS) typically begin to appear in adults around this age and are debilitating diseases which cause severe physical disabilities. Don’t think this will happen to you? MS tends to appear between the ages of 20 and 40 in otherwise normally developing people. 15 new cases of ALS are diagnosed daily in the US; 60% are men and 93% are Caucasian.

Arthritis is another large culprit in this area. According to the CDC, nearly two-thirds of people with arthritis are younger than 65. It’s the most common cause of disability and limits or prevents over 21 million Americans from being able to climb stairs, walk more than short distances or work. It’s more common in women than men but affects all racial and ethnic groups. One study shows that the risk of developing osteoarthritis in your knee that causes pain is 45% and estimates show that 57% of people who have had a knee injury or are obese will develop osteoarthritis. That’s about half of you reading this! 

Of course, there are countless other autoimmune & nervous, central and respiratory diseases and musculo-skeletal disorders that can strike at any time and cause disability in an adult who has otherwise lived a healthy and independent life.

3. Accidents

What about those that are in accidents and become paralyzed or receive a traumatic brain injury (TBI)? Have you seen the show Push Girls? Every one of those women was in an accident that paralyzed them. Any of these situations can happen to each and every one of you. Sounds bleak, I know but imagine what your life would be like if you couldn’t enjoy the little things you do now, like going to your sister’s house for dinner or to your friend’s for girls night as you always have because your wheelchair can’t go up the one step leading into their home or your wheelchair can’t get through the doorway into the living room? Now imagine if every new home built allowed you to come and go as you please, without even a thought?

Disabled America

According to the US census, 1 in 5 citizens has at least one disability and the number is set to grow as baby boomers age. Just over 1 in 4 American citizens in their 20’s will become disabled before they retire. But the “that can’t happen to me” mentality keeps most of us from worrying about our futures. 64% of wage earners believe they have a 2% or less chance of being disabled for 3 months or more during their working career. The actual odds for a worker entering the workforce today are about 25%! 

Maybe it’s time you start thinking about what could happen to you or your spouse now and planning ahead. Don’t you think having a home already set up to visitability standards would make your life easier in the long run? I hope to see this concept become the standard in my lifetime for all our sakes.

Would you like to know what the probability of you becoming disabled is? Check out the Personal Disability Quotient calculator here. 

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CHECK OUT THIS POST ON 1800WHEELCHAIR.COM !

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Sources:

http://www.disabilitycanhappen.org/chances_disability/disability_stats.asp

http://www.disabilityscoop.com/2014/01/21/accessibility-requirements/19035/

http://www.alsa.org/about-als/who-gets-als.html

http://www.cdc.gov/chronicdisease/resources/publications/aag/arthritis.htm

Welcome To Holland

This was written by Emily Perl Kingsley in 1987. There is no better way to describe the experience of becoming the parent to a child with special needs:

I am often asked to describe the experience of raising a child with a disability - to try to help people who have not shared that unique experience to understand it, to imagine how it would feel. It's like this......

When you're going to have a baby, it's like planning a fabulous vacation trip - to Italy. You buy a bunch of guide books and make your wonderful plans. The Coliseum. The Michelangelo David. The gondolas in Venice. You may learn some handy phrases in Italian. It's all very exciting.

After months of eager anticipation, the day finally arrives. You pack your bags and off you go. Several hours later, the plane lands. The stewardess comes in and says, "Welcome to Holland."

"Holland?!?" you say. "What do you mean Holland?? I signed up for Italy! I'm supposed to be in Italy. All my life I've dreamed of going to Italy."

But there's been a change in the flight plan. They've landed in Holland and there you must stay.

The important thing is that they haven't taken you to a horrible, disgusting, filthy place, full of pestilence, famine and disease. It's just a different place.

So you must go out and buy new guide books. And you must learn a whole new language. And you will meet a whole new group of people you would never have met.

It's just a different place. It's slower-paced than Italy, less flashy than Italy. But after you've been there for a while and you catch your breath, you look around.... and you begin to notice that Holland has windmills....and Holland has tulips. Holland even has Rembrandts.

But everyone you know is busy coming and going from Italy... and they're all bragging about what a wonderful time they had there. And for the rest of your life, you will say "Yes, that's where I was supposed to go. That's what I had planned."

And the pain of that will never, ever, ever, ever go away... because the loss of that dream is a very, very significant loss.

But... if you spend your life mourning the fact that you didn't get to Italy, you may never be free to enjoy the very special, the very lovely things ... about Holland.

People With Disabilities Have A RIGHT To Make Choices

What's For Lunch?

There may be some people who wonder how a person with disabilities can decide important things such as which doctor or therapist to see or which facility to go to. I wonder how anybody can take away another’s right to make such decisions! The institutionalization that began over a century ago in the United States is a direct cause of the stigmatization of people with disabilities. The multi-generational feeling has been that this population is incapable of making minor decisions, such as what to eat for lunch, let alone important life decisions as where to live and which doctor to see. Let’s not even get into the social aspects of life like love, sex and friendships!

"We the People" Includes People With Disabilities!

What A Community IS

The Department of Health and Human Services has completed the final rule on what home and community-based services are under the Affordable Care Act. Why is this so important? Because now a person with disabilities cannot be forced to live in an institution or nursing care facility and made to call it “home”. This statute states “that home and community-based settings do not include nursing facilities, institutions for mental diseases, intermediate care facilities…or any other locations that have the qualities of an institutional setting”. There were reports of “homes” being built on the grounds of former mental institutions where the patients inmates were herded under the guise of “community settings”.

Here are some of the (what I think should be obvious) stipulations to the Final Rule of the Home and Community-Based Services plan: 

* Settings must be integrated fully into the community – you know, like how your home, job, doctor, shopping mall, etc. are 

* Individuals must have access to the community. This sounds like a no-brainer to me. It’s still shocks me that obvious rights like these need to be put down on paper in order to be understood 

* Individuals have a right to privacy in their homes. We needed to write this out – AGAIN – in a new federal statute. I guess the Constitution and Bill of Rights don’t apply to people with disabilities 

* Person-centered care plans are required which means that the individual gets to choose where they go, who they see and what they do, themselves, rather than having a doctor or caregiver decide what is best for them. Rule of thumb: A care plan is made with the individual not for the individual.

There is still a long way to go but this is a good step towards equality in the social and civil rights of people living with disabilities.

Accessibilty Arcade

An accessible arcade – Accessibilty Arcade – is open for all gamers in the Martin Luther King Jr. Memorial Library in D.C. The idea of one had been showcased in the past but it’s a permanent fixture developed by The Ablegamers Foundation that can be enjoyed by visitors. 

Why is this so important? 

Glad you asked! 

First, it’s important to individuals with limitations (and their families) to be able to enjoy the same type of good stuff that you & I take for granted. Me? Not much of a gamer. But I have the option to not be one. With this type of technology, thousands of people (if not more) now have the option to not be a gamer, like me.  =D

Another reason this is great stuff is because beyond the fun of playing there’s the therapeutic aspect. Hand-eye coordination is something that has often been touted by defenders of gaming when non-gamers commented on the time wasted in front of the screen (I would never). And it’s true. Gaming offers a fun way to improve cognitive ability as well as fine, and sometimes gross, motor skills, depending on the type of game.

So play on, playas! 

Check out some images in this article: Life Labs Attends Launch of Ablegamers Accessibility Arcade 

UPDATE:
UCP’s Life Labs has recently won a CVS Community Grant that will help to build a prototype mobile accessible gaming station in partnership with the AbleGamers Foundation. Read more about it here.

Cops beat man with Down Syndrome

Unconstitutional Use of Force

I recently posted on Google+ and Facebook about how the US and the city of Portland, Oregon have have jointly filed in federal court a proposed court enforceable settlement agreement to remedy constitutional claims that the Portland Police Bureau (PPB) engages in a pattern or practice of unconstitutional uses of force in response to “low-level offenses” against persons with actual or perceived mental illness.

I guess it’s time to do the same in Vista, CA. A deputy pepper-sprayed, beat with a baton and detained a man (after throwing him to the ground with the assistance of another deputy who showed up) in handcuffs who has Down Syndrome. There were witnesses in the area shouting that he had Down Syndrome but that didn’t slow the cops down from beating him and leaving many contusions, scrapes and bruises on him. He was transported to the hospital (still in cuffs I might add) and allowed to go home with his family. The following day, police officers showed up at the family’s place of business and informed them they would be dropping the citation they had against him (they claimed he was acting “suspicious”; he was walking the 5 minute walk to work) and offered them a turkey with stuffing for their Christmas meal as an apology. Yep. A turkey dinner. 

Now, I am not claiming that if a person is being aggressive or a danger to others or themselves, they should not be handcuffed or sprayed just because they have down syndrome or any other form of developmental disability. And again I say, I'm not anti-cop but there is definitely a culture of beat 'em, taze 'em. The fact that the U.S., not a local town or county, has filed against a particular city's police bureau (Portland, OR) indicates there have been egregious violent acts against a vulnerable segment of our population: the mentally ill. This story is just one account that made it into mainstream media. And hardly even that – I saw this only on CNN.


Some questions to ponder:

How about some education for those who are supposed to protect us so that those among us don't need protection from them?
How about instead of locking people up and throwing away the key, we get them some medical support? 

Would you think that would be a better idea if you knew it decreases recidivism? 

How about if it reduced the level of violence of the repeat offenders?

Read about how changing our current prison system could possibly change our society as a whole here.