Doom and Gloom; Disgusted; Fed up; Beat up, or Beat down? All of these terms could describe various moods I have expressed recently about attacks on disability civil rights and our ability to live independently. Please accept my apologies if my recent blogs on the elimination of the CLASS program and the current push to keep the Department of Justice from enforcing some Americans with Disabilities Act (ADA) regulations have depressed or disappointed you. I don’t think you’re alone.

Congress apparently has no qualms about eliminating rights granted to us with passage of the ADA in 1990. As I stated in my last blog, both the House and Senate are considering legislation that would prevent the Attorney General from administering or enforcing ADA regulations that require the permanent installation of pool lifts. This is an unprecedented action, as it denies the civil rights of an entire class of protected individuals: people with disabilities.

Despite the damage being done by the aforementioned actions, there are a few bright spots that are also worth mentioning. We do have allies in Congress and throughout government who continue to serve as our champions when our rights are threatened. Just last week, Senator DeMint tried to force a quick vote on the Senate bill (S. 2191) that would prevent the Attorney General from enforcing the ADA’s requirements regarding pool lifts. His move was met by an immediate objection from Senator Tom Harkin, Chair of the Senate Health Education Labor and Pensions Committee, who has been a champion of the ADA since it was first proposed. That bill is still alive, but advocates have rallied to phone and write members of Congress to let them know that these bills should not pass.

We can still have an impact on the enforcement of the pool lift regulations, as the Department of Justice (DOJ) has voluntarily suspended enforcement until May 21, 2012 and is asking the public to comment on that suspension (and a possible 180 day extension of it) by responding online to the Notice of Proposed Rulemaking
at regulations.gov. The initial deadline for those comments is April 4, 2012! If full access to recreation is important to you, I would recommend that you click on the above link and leave your comments as soon as possible.

Another bright spot is the work that is being done by the US Access Board to follow up on initial ADA regulations in several areas that could benefit from a more refined definition. Working in tandem with the DOJ, they solicited input on the height and characteristics of hotel beds, and have been working for several years on reviewing the dimensions of medical equipment and establishing standards for accessible medical devices of all types. The Board has scheduled two hearings on diagnostic medical equipment, and will be taking public testimony on their recommendations through June 8, 2012. The Centers for Medicare and Medicaid Services (CMS) has also joined with the DOJ in publishing guidance for the medical profession about how to provide care for people with mobility disabilities.

DOJ and the Access Board continue to refine the ADA Standards for Accessible Design in order to expedite compliance through better understanding of the regulations by business owners and government agencies who need to comply with them. New ADA regulations which have taken effect during the past two years provide additional guidance on such items as service animals, the use of Segways as mobility devices, recreational facilities of all types, timeshare accessibility, ticketing and lodging reservations. The Access Board recently concluded two hearings on the Telecommunications Act Accessibility Guidelines, and additional action will be taken once the hearing testimony has been processed.

While it appears that not much improvement has occurred in the last 20 years, expanded employment opportunities for people with disabilities are actually bright spots. Public testimony is being evaluated on a new rule by the Department of Labor that would require federal contractors to increase their percentage of employees with disabilities to 7% of their total workforce. That change coincides with an effort led by the Office of Personnel Management and DOL to increase federal agency disability employment percentages.

The sun is really shining on three cities that have recently improved access to accessible taxi cabs because of solid work by disability advocates. Congratulations are due to those who fought for those changes in New York City, Washington, DC and Chicago. Thanks to their efforts, and if the Supreme Court will just leave the Affordable Care Act
intact, I may have a use for my sunglasses after all.

© 2012 Michael Collins

Bulletin: Showing a complete lack of CLASS, elected representatives in Congress proudly proclaimed that they were voting to repeal the CLASS (Community Living Assistance Services and Supports) provisions in the Affordable Care Act. Read More

by Michael Collins

This short piece is to help enlighten those who have contacted me about the mechanics of becoming employed since posting my blog earlier this month -- Quandary: To Work, or Not?  Paul has faced challenges while seeking work in Nevada, and James has encountered similar obstacles in California. Much of the following information is specific to California, but Nevada and other states have the same or similar programs available.

It sounds like both of you have been doing the right things so far, but we are in the midst of a depressed economy and a record number of people are unemployed. Before you enter the world of work, this might be a good time to evaluate what your long-term goals are when it comes to a career. Do you have the right level of education for the field you are entering, or is a Bachelor’s degree or certification better?

If you are already receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), you are automatically qualified for several work-related programs that are available in most states. A good first step is to contact the state Department of Rehabilitation (DOR) for an evaluation to determine what you need to succeed. In Nevada, the agency is known as the Department of Training, Rehabilitation and Employment (DETR).

One of the first things that DOR or DETR staff will do is work with you to prepare an Individualized Plan for Employment (IPE), which will outline the types of support that will be provided and what expectations they have of you when it comes to getting prepared for the workplace. California, like many other states, is limiting the number of individuals they can serve through what is known as Order of Selection; individuals with the most significant or significant disability classifications receive the highest priority for DOR services.

If a DOR or DETR counselor determines that more or targeted education would help you achieve your employment goals, they have the ability to provide supports to help you obtain that education. They can also assist with expenses related to job search, including accommodations you might need to get started In a new job. If transportation is part of your employment-related needs, these agencies may even be able to help pay the costs of modification of a vehicle so that you can drive it independently.

As a SSI or SSDI recipient, you have access to the Work Incentives Planning and Assistance agencies (WIPA) that are supported by the Social Security Administration and are located throughout the United States. Staff at these local agencies can help you determine the impact on your benefits if you work. The World Institute on Disability has even created an online disability benefits calculator, known as DB101, so individuals can make those calculations themselves.

Other important programs include the Ticket to Work program, the Trial Work Period and the Medi-Cal 250% working disabled program; other states have also adopted this optional program which allows accumulation of income beyond the level that would normally result in loss of Medicaid insurance. You might be surprised to learn that such incentives could allow you to earn about $40,000 and still retain some or all of your benefits. A Plan to Achieve Self-Sufficiency (PASS) can allow you to set aside funding for employment-related purposes without affecting the means testing that might otherwise result in loss of eligibility for Medicaid or a reduction in your SSI payment.

When it comes to searching for jobs, don't overlook opportunities provided by state and federal agencies. Government jobs come with good benefits, and in some cases agencies are required to give priority to job seekers who are disabled through the provisions of what is known as “Schedule A.” To find a federal job, your first step should be to visit the USAJobs.gov website. Look for non-competitive opportunities first, buyt don't rule out any job that you have an interest or background in. Remember that federal jobs are not all located in Washington, DC; federal agencies have offices located throughout the United States.

The above may seem like a maze, but it's all in place to help people just like you. Maintain your positive attitudes, keep searching, and good luck!

© 2010 Michael Collins

by Michael Collins

Expectations play an important role in our lives. When we are young our parents set those expectations. School years come with all types of expectations which are usually set by teachers; we are expected to behave in class, study and to set goals that might lead to higher education and beyond that to employment. I often wonder why the expectations set for people who are disabled at a younger age should be any different than those that were set for me.

Because I was injured more than two decades after I had started my career, my personal expectation was that I would continue to work. I knew the value of a salary in supporting my lifestyle, and was surprised that little or no effort was made to prepare me for employment during the six months I spent in a rehab hospital.

It didn’t take me long to discover that living on disability benefits and counting on Medicare for my healthcare insurance was a less than ideal situation. The monthly checks covered only my basic needs, and there was no opportunity to increase the amount I received. Assets I had accumulated prior to my injury made it impossible to qualify for Medicaid home and community-based services, so a need to pay for personal care attendants from my own funds assured that I would be unable to add to my savings.

Working was the only option that would allow me to live the lifestyle to which I had grown accustomed prior to my injury, but getting there wasn’t easy. Rather then bore you with the details, I will summarize by sharing that I have enjoyed a post-injury career that included volunteer work, consulting, professional writing and public service as a manager in multiple state and federal government agencies. During that time I completed a long-postponed bachelor’s degree, met many wonderful individuals in several fields of work in locations across the country and had the opportunity to travel extensively for business and pleasure.

I didn’t accomplish that on my own. The state Division of Vocational Rehabilitation covered tuition and books while I completed college, modified my new van so that I could drive it independently, and even helped with the computer setup in my home office to help start my consulting business. My employers made sure that my offices were accessible, including the technology I used to be competitive in the worlds of business and government.

Other benefits gained from working have impacted how I will spend the rest of my life. I have earned a government retirement annuity and invested in individual retirement accounts that will supplement other benefits received after I retire. That means I will never be able to have access to Medicaid, but at least I will be able to afford payment for my homecare and an insurance policy to supplement the Medicare we all must purchase when we turn 65.

I’ve been able to contribute to the general economy as well, as I have owned or been responsible for the purchase of three different wheelchair vans for my personal use, plus another two that were purchased by my employers for business use. Those vans used plenty of fuel and oil, and also required routine maintenance, as I drove about 300,000 miles during that time. I have paid a significant sum in federal and state income taxes, plus insurance and van licenses, and have employed dozens of personal care attendants during the last 22 years. I have also been able to rent three apartments, a house, and have purchased two houses. That all took place one step at a time, so the bank and I only own one house at the moment.

Remaining independent is not always easy, and going to work every day requires commitment and an investment of energy that wouldn’t be required to sit around the house and watch TV. My choice may not be the best choice for everyone, but in the process I’ve met hundreds of people with different types of significant disabilities who make that commitment and hold important jobs throughout the country.

There are even more tools available to assist people starting careers today than were available to me over two decades ago. Despite those incentives, the level of employment of people with disabilities remains the same as it was prior to the passage of the Americans with Disabilities Act in 1990. I believe that the expectation of working may be the most important expectation we can provide to someone who is struggling to make choices that will lead to a successful future. I hope you share that expectation, and will pass it on.

© 2010 Michael Collins