reasons why implementation of a disability law is not followed

reasons why implementation of a disability law is not followed

• By the end of this class period, students will be able to:

• Recognize the main laws related to disability rights in the United States

• State at least three reasons why implementation of a disability law is not followed

• State the options that individuals with a disabilities have when they feel the law is not followed or enforced properly
• Social Security Act 1935

• Medicare and Medicaid Act 1965

• The Architectural Barriers Act of 1968

• The Rehabilitation Act of 1973

• The Individuals with Disabilities Education Act of 1975

• The Fair Housing Amendments Act of 1988

• The Americans with Disabilities Act of 1990

• The Telecommunications Act 1996

• The Americans with Disabilities Amendment Act 2008

• Signed into law by Franklin D. Roosevelt

• Part of the New Deal

• Created social security program and insurance against unemployment

• Before 1930’a support for the elderly was a local, state, and family concern

• Great Depression brought increased suffering and need to make changes to this system

• Taxes paid by workers and employers supported this pension

• Funds were allotted to help children, the blind, and the unemployed

• Every employee now registered

• Signed into law by Lyndon B. Johnson 1965

• Also called the Social Security Act Amendments of 1965

• Established Medicare (a health insurance program for the elderly)

• Established Medicaid (a health insurance program for the poor)

• Provides health insurance to:

People who are 65 years and older Younger people with disabilities People with End-Stage Renal Disease

• History of Medicare video – https://youtu.be/BgqZ3gXTC9M

• Federal and state program that helps some people with limited income to cover medical costs

• Eligibility depends on states

• Could be all low-income Americans at or below 133% of federal poverty level

• Largest source of health care coverage in US (1 in 5 Americans)

• Provides >50% of funding for long term care

• Children’s Health Insurance Program (CHIP) enacted in 1997

• https://mississippitoday.org/2020/01/27/children-with-disabilities-losing-medicaid-coverage/

• Mandated facilities built, altered, or leased with public funds be accessible to the public

• Toilet facilities

• Ramps

• Standard prescribed by General Service Administration or specific government agencies

• First “civil rights” law for people with disabilities

• Sections

• 501: Affirmative action and nondiscrimination in employment by federal agencies of executive branch

• 503: Affirmative action and nondiscrimination in employment by federal contractors

• 504: Created and extended civil rights to people with disabilities

• 508: Technology used by federal government needs to be accessible to those with disabilities

• The Individuals with Disabilities Education Act (IDEA) is a four-part (A-D) piece of American legislation that ensures students with a disability are provided with Free Appropriate Public Education (FAPE) that is tailored to their individual needs

• Prior to this Act public schools accommodated 1 out of 5 children with disabilities

• Blind, deaf, and “emotionally disturbed” excluded from education

• Many children lived at state “schools” where they received no educational services

• 7 million children received special education in 2016

• Amended the Fair Housing Act 1968 (illegal to discriminate based on race, color, or religion)

• Part of 1988 act made it illegal to discriminated in housing against families with children and those with disabilities

• Enforcement was an issue

• What types of housing are affected?

• Passed in 1990

• Affected 43 million Americans

• Passed only because of the work and dedication of activists

• Includes several groups

• https://adata.org/factsheet/ADA-overview

https://www.google.org/impactchallenge/disabilities/img/carousel/installations-big-1.jpg

• Passed in 2008

• Designed to update and further strengthen the ADA

• Final revisions are being made

• https://adata.org/factsheet/ADANN-writing

• What is “reasonable accommodation?”

• Triggered when a qualified individual requests accommodations

• Not special treatment and all workers may actually benefit

• Examples

• https://askjan.org/soar.cfm

https://www.nrcs.usda.gov/Internet/FSE_MEDIA/stelprdb1097801.png

• Nonprofit law firm Washington Civil & Disability Advocate

• https://www.law.uw.edu/news-events/news/2017/conrad-reynoldson

• Disability Rights Washington

• https://www.disabilityrightswa.org/

• Recent cases

• National cases

• UPS https://www.chicagotribune.com/business/ct-ups-eeoc-disability-discrimination-settlement-0809-biz-20170808-story.html

• Home Depot https://www.eeoc.gov/eeoc/newsroom/release/8-17-18.cfm

• S. Equal Opportunity Employment Commission Performance Report

• https://www.eeoc.gov/eeoc/newsroom/release/8-17-18.cfm

• Health insurance options

• Medicaid

• In all states provides medical insurance coverage for low-income people, children, pregnant women, the elderly, and people with disabilities

• Coverage and eligibility varies state to state

• Medicare

• Part A – hospital care, hospice care, skilled nursing, and home health services

• Part B – medical care, durable medical equipment, outpatient care

• Medical insurance for disabled persons younger than 65

• End Stage Renal Disease – receive benefits 3 months after starting dialysis or kidney transplant

• ALS – immediately upon receiving benefits

• All others must wait 24 months

• Medical insurance for persons over the age 65

• Income supports

• Supplemental Security Income (SSI) Disability – available to individuals who have never worked or have not earned enough credits to collect social security

• Needs tested (less than $2,000 in assets)

• Qualify for Medicaid

• Qualify for food assistance

• $750.00 per individual from government and additional from state (between up to $200.000 per month)

• If person works, reduction in amount received

• If you receive shelter and food from someone, then the value of this is deducted from benefits

• Income supports

• Social Security Disability (SSDI)

• Younger than 65 but older than 18

• After two years, eligible for Medicare

• Spouse and children dependents are eligible for auxiliary benefits

• Waiting period of 5 months

• Medical eligibility

• Must interfere with work related activities

• Income less than $1,180 per month or $1,980 for blind applicants

• Condition that is expected to last longer than 1 year or result in death

• Veterans Affairs Disability

• Partial disability payments possible

• Developmental Disabilities Administration (DDA)

• Part of Washington State Department of Social and Health Services

• Developmental disability defined as intellectual disability, cerebral palsy, epilepsy, autism spectrum disorder, or similar condition

• Originated before age 18

• Continues indefinitely

• Substantial limitations

• Services

• Community services such as home health

• Assistive technology

• Housing supports

• Respite care (14 days per year)

• Film (2017) that discussed the unfair wage practices currently legal affecting those with disabilities

• https://vimeo.com/ondemand/bottomdollars?autoplay=1