United Spinal Association creates "Self Advocacy" Guide

Download our Free Powerpoint Presentation for Teenagers

THOUSANDS MORE MEDICAID ENROLLEES COULD GET HOME AND COMMUNITY-BASED CARE UNDER NEW RULE - DRA GIVES STATES NEW OPTIONS FOR CARE

How to File an Ada Complaint

Source: http://www.ada.gov/t3compfm.htm

Title III prohibits discrimination based on disability in public accommodations. Private entities covered by title III include places of lodging, establishments serving food and drink, places of exhibition or entertainment, places of public gathering, sales or rental establishments, service establishments, stations used for specified public transportation, places of public display or collection, places of recreation, places of education, social service center establishments, and places of exercise or recreation. Title III also covers commercial facilities (such as warehouses, factories, and office buildings), private transportation services, and licensing and testing practices.

If you feel you or another person have been discriminated against by an entity covered by title III, send a letter to the Department of Justice, at the address below, including the following information:
- Your full name, address, and telephone number, and the name of the party discriminated against;

- The name of the business, organization, or institution that you believe has discriminated;

- A description of the act or acts of discrimination, the date or dates of the discriminatory acts, and the name or names of the individuals who you believe discriminated; and

- Other information that you believe necessary to support your complaint. Please send copies of relevant documents. Do not send original documents. (Retain them.)
Sign and send the letter to the address below:

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530

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What To Do If You Think You Have Been Discriminated Against By Your Employer

http://www.eeoc.gov/types/ada.html

An individual with a disability is a person who has:

• A physical or mental impairment that substantially limits one or more major life activities
• A record of such an impairment
• Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities
• Job restructuring, modifying work schedules, reassignment to a vacant position
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

An applicant or employee who believes that his employment rights have been violated on the basis of disability by a private sector, state government, or local government employer and wants to make a claim against that employer must file a "charge of discrimination" with the EEOC. The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation. The 180-day filing deadline is extended to 300 days if a state or local anti-discrimination law also covers the charge. An individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

The EEOC will notify the employer of the charge and may ask for a response and supporting information. Before a formal investigation, the EEOC may select the charge for its mediation program. Participation in
mediation is free, voluntary, and confidential. Mediation may provide the parties with a quicker resolution of the case.

If mediation is not pursued or is unsuccessful, the EEOC investigates the charge to determine if there is "reasonable cause" to believe discrimination occurred. If reasonable cause is found, the EEOC will then try to resolve the charge. In some cases, where the charge cannot be resolved, the EEOC will file a court action. If the EEOC finds no discrimination, or if an attempt to resolve the charge fails and the EEOC decides not to file suit, it will issue a notice of a "right to sue," which gives the charging party 90 days to file a lawsuit. A charging party also can request a notice of a "right to sue" from the EEOC 180 days after the charge first was filed. For a detailed description of the process, please refer to the EEOC website at
http://www.eeoc.gov/charge/overview_charge_filing.html

A Guide to Disability Rights Laws

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Thousands of Medicaid beneficiaries who were previously limited to receiving care in an institutional setting may now be given the option to receive that

care in their homes and communities, under a proposed rule  published today by the Centers for Medicare & Medicaid Services (CMS).

The Deficit Reduction Act of 2005 (DRA) gave states a new option to provide home-and-community based services (HCBS) to Medicaid beneficiaries without applying

for a demonstration waiver.  The proposed rule provides guidance to states on how to implement this provision of the DRA.

For further information regarding today’s announcement please visit the CMS website at one of the following links.

Link to Press Release-

http://www.cms.hhs.gov/apps/media/press_releases.asp

Link to Medicaid Regulations Page-

http://www.cms.hhs.gov/MedicaidGenInfo/08_Medicaidregulations.asp

Direct Link to NPRM (PDF File)-

http://www.cms.hhs.gov/MedicaidGenInfo/Downloads/CMS2249P.pdf

Source: DisabilityInfo.com

URL: http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=169

Benefit Eligibility Screening Tool (BEST) New!

The Benefit Eligibility Screening Tool (BEST) is a tool that you can use to find out if you might be eligible for benefits from any of the programs Social Security administers and other benefits programs. The tool screens for eligibility for Medicare, Social Security Disability, Social Security Retirement, Social Security Survivors, Special Veterans and Supplemental Security Income (SSI) benefits.

FREE HOMEWORK ASSISTANCE FOR DEAF STUDENTS!

An Educational Assistance Program for Deaf Students

Need help with a tough Math problem tonight? An English writing assignment?
History? Social Studies? Science?
Call one of our experienced tutors—FREE.
We are available every night, Sunday through Thursday
from 6pm to 8:15 pm(to be expanded as demand increases)
All of out tutors are either deaf or hearing and fluent in ASL
This is a private session with no interpreter.
Just go to: www. Lifelinkstutorsfoundation.com and follow the simple instructions.
Although we schedule many tutors, we have no way of assessing the size of the demand, since this is a new service, so be patient and keep trying.
If you cannot get through, please e-mail libby@deafstudenttutor.com and tell her what subject you request.
Thank you!
Lifelinkstutorsfoundation.com

Wheelchairs Offer Access to Ocean City, MD Beaches

Vacationers with disabilities can gain easier access to the beach with
specially designed beach wheelchairs. During the summer beach-access
chairs are available at fifteen different locations along the beach from
the Inlet to 14th Street. Three chairs are available at the Ocean City
Convention Center at 40th Street and five chairs can be borrowed from
the Ocean City Police Department on 65th Street. Vacationers interested
in reserving a beach wheelchair are encouraged to call the Ocean City
Visitor Center at 410-723-8610 or 410-723-6610.

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Disability, Poverty, and Systemic SSI-Related Discrimination
- Information Bulletin #201 Part A (3/07)

As a result of writing "Disabled People and Poverty in 2007"
(Information Bulletin #197 A), a form of discrimination related to
SSI became very apparent to me. Because I have not seen it
discussed publicly, I thought you might be interested.

BACKGROUND INFORMATION:

Most folks think of Supplemental Security Income (SSI) as only the
monthly check older Americans and people with disabilities receive
to live in the community in their own apartments/ homes or with a
spouse. They typically also think that SSI benefits are entirely
from the federal government.

Those assumptions are not true.

There are also State supplementary payments made by many States
"to a recipient" of SSI as a "complement" to the Federal benefit
rate. The combined federal and state benefit is supposed to
"increase the amount of income available to the [SSI] recipient to
meet his[/her] needs."

In 2007, the SSI "Federal Benefit Rate" (FBR) is $623 a month.
This is what the federal government mandates as the MINIMUM
monthly benefit throughout the country. It's what federal taxes
and revenue pay to SSI recipients. If an older American or person
with a disability receives only $623 a month, they are being
expected to survive on an amount of income that is only at 76% of
the federal poverty level.

What is not widely known is that states may supplement the federal
benefit rate with an "optional state supplement"(OSS). Some states
pay a supplement to persons who live in the community, some states
pay a supplement to persons who reside only in state institutions
or group living situations (aka "community institutions"), e.g.,
assisted living facilities, personal care boarding facilities,
foster care homes, domiciliary care facilities. Some states do not
pay OSS regardless of where the person lives.

Therefore, in addition to the minimum federal benefit rate of $623
a month, states may pay an "optional state supplement "(OSS) for
people to live either in the community, alone or with a relative
or an attendant, or in an institution. States receive no federal
match for any optional state supplement that is paid with state
funds. Depending to which living situations a state pays its OSS,
obviously, impacts on whether a person will be financially able to
reside "in the most integrated setting" - their own home or at
least with a relative in the community.

A BREAKDOWN LOOKING AT BOTH ADA DISCRIMINATION AND POVERTY

Let's look at the breakdown of states' monthly OSS payments based
on whether they are paid to persons living in their own households
in the community versus in an institutional/group/congregate
setting. For the purposes of our breakdown we are including
"community institutions"

(group homes, board and care homes, domiciliary care homes, adult
foster care homes and any other group living situations) in our
definition of "institution." It's important to remember that the
optional state supplements are paid in addition to the federal
benefit rate. The following data is from the SSA document "State
Assistance Programs for SSI Recipients, January 2006," and can be
found at http://ssa.gov/policy/ - just click on "State Assistance
Programs for SSI Recipients, January 2006"

(There is a link to download the entire book in pdf), or
www.socialsecurity.gov/policy/docs/progdesc/ssi_st_asst/2006/

While there is great variation by state in how OSS is paid and who
qualifies, here are some of the things we know for sure.

A mere 3 states pay an optional state supplement only if the
person on SSI lives "independently" in the community. These states
do not pay OSS to any kind of institutional setting - this
encourages integration.

8 states pay NO OSS at all regardless of where the person
receiving SSI lives (in the community or in an institution) - they
are just cheap and keep persons on SSI in deeper poverty, but are
"neutral" with integration.

23 states pay an OSS for SSI recipients who live either in their
own home in the community OR in institutional settings - these
states might be considered fair IF the amount of the optional
state supplements were the same or higher in the community than in
the institution. Because most states pay much more to the
group/institutional settings, they are discriminating against "the
most integrated setting" and are not significantly helping the
poverty issue.

17 states pay OSS only if the person on SSI resides in an
institutional setting. They do not pay any OSS to people living in
their own homes in the community - these states are the most
obviously discriminatory and they are perpetuating poverty for SSI
recipients.

The overall discrimination occurs in several ways. As you look at
the following numbers, remember to compare the total income (FBR
+OSS) for each person in a community/independent setting versus
the total (FBR +OSS) available to persons in institutional/group
settings. You will +need to add the FBR for 2007, $623/month, to
each of the following OSS numbers, and just fyi, the OSS numbers
may have been rounded up or down to the nearest dollar.

THE 23 STATES THAT PAY OSS TO BOTH COMMUNITY AND "COMMUNITY
INSTITUTIONAL" SETTINGS

First, these 23 states pay a monthly optional state supplement for
SSI recipients regardless of where the person lives, i.e., whether
in their home or in institutional settings. However, OSS payments
vary markedly from state to state, and in nearly every state
people living in institutions, such as group homes, receive much
larger optional state supplement payments than they would receive
if they lived in the community in their own household.

Alabama - $60 a month OSS for an individual living alone in the
community versus $110 OSS a month for a person living in adult
foster care and $196 a month OSS in CP treatment center.

Alaska - $362 OSS a month for an individual living alone in the
community versus $100 a month OSS for a person living in assisted
living.

California - $209 a month OSS for an individual living alone in
the community ($274 if you are blind) versus $407 a month OSS for
a person living in "non-medical out of home care, living in
household of another." (There are additional OSS amounts in CA,
but the effect is the same)

Colorado - $25 a month OSS in your own home versus $271 a month
OSS in adult foster care. CO also pays an OSS of $464.15/month for
people in their own homes who would otherwise qualify for a
nursing home.

Connecticut - $168 OSS in independent community living versus an
unstated, variable amount of OSS to licensed room and board
facilities. Those OSS payment amounts are set based on individual
cost data for the operations of each individual facility.

Idaho - $32 OSS for living independently or in the household of
another versus $177 OSS in Room and Board facility or group home
and from $319 to $453 in assisted living facility or certified
family home Levels I - III.

Illinois - Specific amounts not reported, but OSS is paid for both
living independently, and either a Room and board facility or
residential facility. OSS based on given individual needs.

Iowa - $22 OSS for living independently or in the household of
another versus $291 in Residential care. There is also an OSS of
up to $480.55/mo for people who get home care to prevent
institutionalization in a nursing home.

Maine - $10 OSS for living alone or with others versus $49 in
foster care, $217 in flat-rate boarding home, and $234 in cost-
reimbursement boarding home.

Massachusetts - $114 OSS for living independently (with higher
rates paid to people who are older or blind) versus $454 in
assisted living and $293 in licensed rest home.

Michigan - $14 OSS if living independently versus $87 domiciliary
care, $157 personal care facility (group home/adult foster care
home), and $179 home for aged.

Minnesota - $81 OSS if living independently versus $130 in non-
medical group residential facility.

Nevada - No OSS for people with disabilities in ANY living
situation versus $36 OSS for aged and $109 for blind living
independently versus $391 domiciliary care for aged and blind
only.

New Hampshire - $27 OSS for living independently or with others
versus $207 for a residential care facility and $149 for a
community residence.

New Jersey - $31 OSS for living alone or with others versus $150
OSS for a congregate care facility and $210 OSS in a residential
health care facility.

New York - $87 OSS for people living alone, or in some cases with
others versus $266 OSS in a level 1 congregate care facility, $435
in a level 2 facility, and $525 in a level 3 facility.

Oregon - $1.70 OSS is paid for aged and disabled in ALL living
situations (living alone, household of another, and residential
care facility or adult foster care facility). If someone is blind,
the OSS increases to $26.70 in all living situations.

Pennsylvania - $27 OSS for people living alone or in someone
else's household versus $389 OSS in domiciliary care facility and
$394 OSS in personal care boarding home.

Rhode Island - $57 OSS for people living alone versus $575 in
adult residential care or assisted living facility.

South Dakota - $15 OSS for people living independently versus $570
OSS in assisted living facility and $287 in adult foster care
home.

Vermont - $52 OSS for people living independently versus $224
residential care home level IV and $99 custodial care family home.

Washington - $46 OSS for people living independently or in
congregate care group facilities.

Wisconsin - $84 OSS for people living independently versus $180
OSS in non-medical group home.

THE 17 STATES THAT PAY OSS ONLY FOR INSTITUTIONAL SETTING
("Community Institutions" or group/congregate settings)

Second, there are 17 states that pay a monthly optional state
supplement ONLY if the person on SSI resides in a "community
institution" or group setting. These states pay NO optional state
supplement if the person lives in the community. In these states,
older Americans and persons with disabilities in the community
receive only the federal benefit rate, but if they were
institutionalized in assisted living facilities, personal care
boarding facilities, foster care homes, domiciliary care
facilities, these institutions would receive both the federal
benefit rate and the following optional state supplement (OSS) for
each person.

Delaware - $140 OSS for the person living in adult certified
residential care facility.

DC - $347 OSS for a person living in adult foster care "home" with
less than 50 beds and $457 OSS in adult foster care "home" with
over 50 beds.

Florida - $78 OSS for a person living in either assisted living
facility or adult family care.

Hawaii - $522 OSS in either a foster care home or domiciliary care
facility level I and $630 in domiciliary care facility level II.

Indiana - $594 OSS for someone to live in a licensed residential
facility.

Kentucky - $520 OSS for personal care facility and $172 in family
care home. (Kentucky also pays $62/mo OSS to people in their own
homes who are eligible to receive caretaker services to prevent
institutionalization, so maybe it should be in previous category.)

Louisiana - $8 OSS in Medicaid facility only (e.g. a nursing home
or a state developmental disability institution). There is no OSS
paid to people living in their own home, or living in a "community
institution."

Maryland - $184 OSS in assisted living facility, and $66 in a care
home with minimal supervision, $175 in a care home with moderate
supervision, $463 in a care home with extensive supervision, and
$666 in a care home with specialized and intensive supervision.

Missouri - $156 and $292 OSS for licensed residential care
facility, levels I and II, and $390 OSS for licensed intermediate
care or skilled nursing home.

Montana - $94 OSS for assisted living facility or group home,
$52.75 for an adult foster care home, and $26 for a transitional
group living situation.

Nebraska - $118 OSS in a room and board facility, $148 in a
certified adult family home, $188 in a licensed center for the
developmentally disabled, and $428 in assisted living.

New Mexico - $100 OSS for people in an adult residential care
home.

North Carolina - $561 OSS for an adult care home (basic), $674 for
a "disenfranchised" adult care home, and $958 OSS for a special
care unit adult care home.

Ohio - $306 OSS in adult community mental health housing, $506 OSS
adult family or foster home, adult community alternative home,or
adult residential care facility, and $606 OSS in an adult group
home and residential care facility.

South Carolina - $348 OSS in a licensed residential care facility.

Texas - $30 OSS is paid to SSI recipients living in Medicaid
facilities only (e.g. a nursing home or a state developmental
disability institution). There is no OSS paid to people living in
their own home, or living in a "community institution."

Virginia - $597 or $449 OSS is paid in assisted living facilities
and in adult foster care (the OSS amount depends on geographic
location).

THE 7 STATES THAT PAY NO OSS UNDER ANY CIRCUMSTANCES

The 7 states that pay absolutely no OSS whatsoever- in any living
situation- are Arizona ( if person "requires housekeeping
services," the state pays $70 as OSS under the auspices of the
Social Security Act for those services, but does not pay any
additional cash OSS benefits), Arkansas, Georgia, Kansas,
Mississippi, North Dakota, Tennessee, West Virginia (while WV does
not technically provide an OSS under the auspices of the Social
Security Act, it does make monthly payments on behalf of each
resident to providers who run Adult Family Care Homes
($814/month), Licensed Personal Care Homes, ($1056.50/month) and
Residential Board and Care Homes ($1056.50/month), so maybe WV
should be in the preceding category.)

THE 3 STATES THAT PAY OSS ONLY IN INDEPENDENT SETTINGS

The 3 states that pay an optional state supplement only if the
person lives in their own household in the community are Oklahoma
($48 a month OSS), Utah ($3 a month OSS for someone living in the
household of another ($9.70 for a couple), and $4.60 OSS for a
couple living independently), and Wyoming ($10 a month OSS).

Why would States want to pay an optional state supplement to
"community institutions", such as assisted living facilities,
personal care boarding facilities, foster care homes, domiciliary
care facilities? How do such payments satisfy the ADA's "the most
integrated setting" mandate? Aren't such payments another form of
institutional bias that we have seen in other situations?
Supporting these "community institutions" perpetuates
discrimination against persons with disabilities and older
Americans.

--
Source: Steve Gold, The Disability Odyssey continues

In the next Information Bulletin, we'll discuss some these
questions in more detail, and some strategies you can use to
reduce this discrimination.

Special, special thanks goes to Marsha Katz, Rural Institute at
the U of Montana, for her SSI expertise and encouragement.

Back issues of other Information Bulletins are available online
at http://www.stevegoldada.com

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Source: DisabilityInfo.gov

Brochure in PDF Format: http://www.ready.gov/america/_downloads/disabilities.pdf

This information was developed by the US. Department of Homeland Security in consultation with AARP, the American Red Cross and the National Organization on Disability.

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The Maryland Bar Foundation, Inc. Announces its 2008 annual award recipients H. Vernon Eney Endowment Fund Award

Stephen H. Sachs, Esq. Edward F. Shea, Jr. Professionalism Award Gary C. Norman, Esq.

Join us for the presentation of these awards and the induction of our 2008 Fellows 2008 Annual Meeting & Reception

The Links at Lighthouse Sound 12723 St. Martin’s Neck Road Bishopville, Maryland 21813

Thursday, June 12th, 4 p. m. Cost: $ 75/ person

For ticket information contact Angela Munro at 410- 685- 7878, ext. 3016 or

amunro@msba.org

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Source: Transportation Security Administration
U.S. Department of Homeland Security

Updates for Travelers with Disabilities

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We are an electrical company in Wilmington, NC and we are interested in donating some of our service technician's time and expertise to helping disabled or handicapped citizens in our area.  When we have availble time due to work slow downs, the owner and I have decided to donate some of our electrician's time doing electrical diagnostic and repair work.  Please let me know if you have dealings here in Wilmington or could connect us with an organization that could help us provide electrical service with people that could use our help. I can't promise that we can help everyone, but we can at least try.

David Carcopo - Office Manager

Pride Services-Residential Electrical

6008 Oleander Dr.

Wilmington, NC 28403

Contact me by phone 910-452-2101 or by email prideservices@bellsouth.net

Health Care Access and the Law

All health care facilities—including places specializing in mental, dental,
vision, and alternative care—must be accessible (free from barriers that
make
it difficult or impossible to use the facility or to get the goods and
services offered by the facility).

Accessibility applies not only to physical access, but also to communication
access, access to auxiliary aids, services and other program access. Any
person
or group that owns, leases, or operates a health care facility is
responsible for access, even a health care provider whose office is part of
his or her
home.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) became law in the United States in
1990. It has four key sections:
List of 4 items
Title I addresses accessibility in employment.
Title II covers accessibility in goverment services.
Title III concerns access to all types of businesses that serve or are open
to the public, including medical offices and facilities.
Title IV requires accessibility in telecomunications services.
list end

For more information about the ADA, see the
ADA Home Page

Title III accessibility requirements for health care providers include:

Barrier Removal

Health care providers must remove architectural barriers, where readily
achievable, from facilities that serve patients. For example, parking lots
should
have accessible parking spaces; ramps should be provided where there are
stairs; doorways should be wide enough for a wheelchair to pass through; and
lobbies
and waiting rooms should contain adequate space around doors and open areas
for wheelchair users to sit.

Auxiliary Aids and Services

Health care providers must ensure they can effectively communicate with
people who are deaf, hard-of-hearing, or have a speech, vision or learning
disability.
Providers can use many kinds of auxiliary aids and services, such as sign
language interpreters,
TDDs,
readers, Braille, and large print, to ensure effective communication.
Providers should also have accessible medical equipment such as accessible
scales,
accessible exam tables that raise and lower for easy transfers, and
accessible exam chairs that patients can read from their wheelchairs and
transfer onto.
Finally, providers can not charge patients for the provision of auxiliary
aids and services.

Reasonable Modifications

Health care providers must modify their policies and procedures to provide
the same goods and services to people with disabilities as those provided to
people without disabilities. For example, a health care provider should make
an exception to a “no pets allowed” policy for people who use service
animals
or should provide referrals to doctors outside the plan if no doctors within
the plan can serve the patient’s needs.

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Qualifying for Extra Help and Joining a Medicare Drug Plan

People with Medicare with limited income and resources may qualify
for extra help paying for Medicare prescription drug coverage
costs. If they qualify, they will get help paying for their drug
plan's monthly premium, yearly deductible, and prescription
copayments.

The amount of extra help people qualify for is based on their
income and resources. If a person has a yearly income below
$15,315 ($20,535 for a married couple living together) and
resources less than $11,710 ($23,410 for a married couple living
together), he or she may qualify for extra help. The income and
resource amounts are for 2007 and may increase each year. If he or
she lives in Alaska or Hawaii, or pays more than half of the
living expenses of dependent family members, income limits are
higher. The resource limits include $1,500 per person for burial
expenses. Resources include savings and stocks, but not a person's
home or car.

For more information, view this recent tip sheet published by CMS
at:
http://www.cms.hhs.gov/partnerships/downloads/11236P.pdf

Source: Dept. of Health and Human Services

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People First Article

IMPORTANT! Hurricane Preparedness for People with Disabilities

Read Beth's personal experience with Katrina

 Join the "Justice for All" List Server brought to you by AAPD

See AAPD job listings

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"GovBenefits.gov helps citizens access government benefit eligibility information through a free, confidential, and easy-to-use online screening tool. After answering some basic questions, the user receives a customized report listing the benefit programs for which the user, or person for whom he or she is entering information, may be eligible."

"GovLoans.gov is your gateway to Federal loan information, brought to you through a partnership between Federal agencies and GovBenefits.gov; the official government benefits website."

Social Security Disability Coalition – offering FREE knowledge and support with a focus on SSD reform

Need help understanding Medicaid?
Official Medicaid Web Site