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/

Sheltered Workshops: A Thing of the Past in Vermont

Workshops - Yay or Nay?

There is a great debate taking place on whether or not sheltered workshops should still be an option for people with disabilities who are out of school. Read my pros and cons on workshops here. One of the main arguments people have against closing down workshops is the fear that the individuals working there will have no place to go since businesses don’t tend to hire people with disabilities. The numbers seem to back that up since the unemployment rate of people with disabilities is twice that of people without disabilities, according to the Department of Labor (as of August 2014). You can find more informationon that here.

However, the state of Vermont is an example of contradiction to this argument. According to this article :

“The sheltered workshops that are still prevalent across much of the country were shut down in Vermont more than a decade ago. And now, the employment rate of people with developmental disabilities in the New England state is twice the national average.” (emphasis added)

Inclusion in play and work

How did Vermont do it?

The University of Vermont received a grant to build programs for integrated employment in the 1980’s. They worked with state disability agencies and its success over time was enough for Vermont to realize that sheltered workshops were not how the state wanted their citizens with disabilities to be treated. Workshops were phased out over a 4-year period: new entries into workshops were no longer allowed and their funding was incrementally cut.

Of course there were fears from the families who would be directly affected by this and rightly so. As parents, we want our children to be safe and secure, accepted by peers and part of something bigger than themselves. Could these desires be realized if workers with disabilities don’t have contact with others who are also disabled? Is there a job out there they could actually do and feel good about doing? Would society in general accept them?

It turns out, the answer is yes! In Vermont, about 80% of the people who used to be in workshops found employment in an integrated setting. The rest found other community-based services. According to the article, “In fiscal year 2013, the average wage for supported employees was $9.26, more than 50 cents above the state’s minimum wage and $2 above the federal minimum wage.” How incredible is that?!

And Vermont shows no signs of slowing down. It has increased its numbers of employed disabled individuals yearly. To continue their success rate, ongoing support is available in each county and doesn’t fade over time, which is common in most other states. There are also education programs with businesses that ease fears and answers questions for potential emplo

yers.

Looking to the future

Some argue that the reason Vermont was able to be so successful is because it’s a small state. But isn’t that a cop out? As a parent to a teenager whose CP severely impacts her, I worry about her future all the time. What will she do when she ages out of school? Today, I can’t picture a job where she can be independent because of the extremity of her physical disability but who knows where we’ll be in terms of technology and employability six years from now? My greatest hope is that all states work towards achieving the successful model Vermont has realized so that our community has as many options as it can.

Let’s not continue to set the bar so low for our people!

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"

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

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

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!

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.

Subminimum Wage for People With Disabilities Debate

As part of the New Deal of the 1930’s, subminimum wage was allowed for people with disabilities. Employers can apply for waivers under Section 14(c) of the Fair Labor Standards Act. Rates for workers with disabilities are decided upon by comparing what their productivity level is to that of an experienced worker without disabilities.

Advocates against subminimum wages believe more money should be spent on training programs that are more creative and provide more challenging work than wrapping plastic ware at restaurants or folding boxes, repetitive task work that is common amongst employed workers with disabilities.

Here are some pros and cons to the consider:

FOR Subminimum Wage - work provides training for better, higher-paying jobs - jobs give individuals structure, keep them busy - working at any job challenges individuals - eliminating subminimum wage would mean employing fewer people within a population that already has a very high unemployment rate - a subminimum wage is better than no job at all

AGAINST Subminimum Wage - people get stuck in their job for years and never advance or leave - low pay is unjust - people with disabilities are not fully integrated into the workforce - allows for abuses against people with disabilities - stigmatizes people with disabilities

Here’s a great article on this topic: http://www.utsandiego.com/news/2013/Dec/22/tp-subminimum-wages-for-disabled-scrutinized/2/?#article-copy

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WHERE DO YOU STAND ON THIS DEBATE?

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