Disability Law Commons^™

Improper Distinction Under The Ada Leads To An Irrational Outcome: Favoring One Life Over Another, Daniel Frederick Parise

Touro Law Review

Society has a distorted view of those battling addiction and essentially marks them with a sign of disgrace; however, what society may not fully understand is that addiction is a disability beyond the afflicted individual’s control. The National Survey on Drug Use and Health indicates that 19.7 million Americans have battled a substance use disorder in their life. Of the 19.7 million Americans who battled illicit substance use disorders, approximately seventy-four percent also struggled with alcohol use disorder.

Based on these statistics, it is clear that illicit drug use disorders are often interconnected with alcohol use disorders. However, Congress makes …

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Samuel J. Levine

No abstract provided.

Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine

Touro Law Review

No abstract provided.

Partnerships In Employment Brief: Guidance On How To Obtain Data On The Use Of Subminimum Wages Within A State To Inform Systems Change Activities, Evelyn Doxey, Leslie Jaehning, Elise Mcmillan, Kristin Vandagriff, Jean Winsor

All Institute for Community Inclusion Publications

In October 2011, the Administration on Intellectual and Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and postsecondary outcomes for youth with intellectual and developmental disabilities (IDD). Until the end of September 2016 the Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services provided training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

PIE …

Partnerships In Employment Brief: Influencing Changes In State Policy And Practice With Data On Subminimum Wages, Evelyn Doxey, Leslie Jaehning, Elise Mcmillan, Kristin Vandagriff, Jean Winsor

All Institute for Community Inclusion Publications

Subminimum wage is a pervasive and controversial issue. In many states there are individuals with disabilities who earn as little as seven cents an hour and workers who do not earn any wages because they do not produce enough products to be paid wages for their work according to the 14(c) Certificate holder.

There are many ways that data on wages earned under Section 14(c) of the Fair Labor Standards Act, i.e., 14(c) Certificates can be used to influence changes in state policy and practice. This brief describes examples from Partnerships in Employment grantee states.

Despite Some Gains, Social Security Administration Data Show A Low Level Of Workforce Participation Among Ssi Recipients, Daria Domin, Jaimie Ciulla Timmons, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

According to the Social Security Administration (SSA), a total of 4,961,659 blind and disabled recipients1 between the ages of 18 and 64 received Supplemental Security Income (SSI) benefits in 2015. Out of the almost 5 million individuals receiving SSI benefits, only 6.3% worked (n=311,922).

Adults with disabilities between the ages of 40 and 64 were a significant demographic of people who receive SSI, constituting almost two thirds of recipients in 2015 (64%; n=3,167,307). However, only 3.5% (n=111,762) of SSI recipients with disabilities in this age group worked.

In comparison, younger SSI recipients (ages 18–39) constituted 36% (n=1,794,352) of the …

Beyond Training: Engaging Families In The Transition To Employment (Bringing Employment First To Scale, Issue No. 12), John Kramer, Jennifer Bose, John Shepard, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

We conducted an extended search of trainings provided by state agencies and service providers that are targeted towards families. Trainings in the form of written material (handbooks, brochures and computer-based courses) or given in person by service professionals, peers and others have been found to raise expectations that family members with IDD can become employed in their communities. While an extensive review of these materials is beyond the scope of this brief, we surmise that they continue to be useful in changing families’ level of knowledge about employment possibilities, job search strategies, job accommodations, and benefits planning. However, training on …

From Sheltered Work To Competitive Integrated Employment: Lessons From The Field (Bringing Employment First To Scale, Issue No. 11), Amie Lulinski, Jaimie Ciulla Timmons, Stephane Leblois, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Community providers across the nation are embracing the transformation from facility-based employment supports to competitive integrated employment. While many providers believe in inclusion and Employment First for the individuals they support, some struggle to make their vision a reality. The process of organizational transformation can seem daunting without an understanding of the full range of tactics and approaches available.

The Institute for Community Inclusion (ICI), in conjunction with The Arc of the United States, is conducting research to better understand the transformation process and to guide the development of tools and resources for providers seeking to transform their services. As …

Data Note Plus: Federal Data Snapshot Of Puerto Rico On Individuals With Disabilities, Daria Domin, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

Prior to 2012, four data projects funded by the Administration on Intellectual and Developmental Disabilities (AIDD)—Access to Integrated Employment, Family and Individual Information Systems Project, Residential Information Systems Project, and the State of the States in Developmental Disabilities—only collected data from the 50 states and the District of Columbia. However, a 2012 Funding Opportunity Announcement (FOA) from AIDD requested that applicable AIDD data projects include the five U.S. Territories (American Samoa, the Commonwealth of the Northern Marianas Islands, Guam, Puerto Rico, and the Virgin Islands) in their data collection and analysis efforts. This Data Note represents an expansion of our …

Partnerships In Employment: What Matters Most: Research On Elevating Parent Expectations, Tash Town Hall, December 2014, Erik W. Carter, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

The brief goes into detail about the most powerful force in changing transition outcomes for young people with significant disabilities. This brief explains this force is not ultimately found in the transition plans we craft, the educational services we offer, the instruction we provide, or the systems we build, but rather in the expectations and aspirations individual parents hold for their sons and daughters.

Considering Innovative Alternatives To Handling Cases Of Adults With Special Conditions Under The Social Security Act , Sarah Robichaud

Journal of the National Association of Administrative Law Judiciary

Title II and Title XVI of the Social Security Act provide critical support to individuals with disabilities. However, until recently, the way that the Social Security Administration processed medical information to make disability determinations had not changed in any fundamental way since the inception of the Act. The disability determination process is logical for many frequently handled, well-known conditions, yet there are a significant number of cases regarding special conditions that are not as well-known or as frequently considered by the Office of Disability Adjudication and Review, which administers hearings and appeals for the Social Security Administration. The Social Security …

Partnerships In Employment: Benchmarking Toolkit, Jean Winsor, Alberto Migliore

All Institute for Community Inclusion Publications

Policy shifts over the past 20 years have created an agenda that calls for a sustained commitment to integrated employment for individuals with disabilities. But despite these clear intentions, unemployment of individuals with disabilities continues to be a major public policy issue.

For people with intellectual and developmental disabilities (IDD), the disparity in labor market participation grows. Data suggest only 14.7% of individuals who receive supports from state IDD agencies work in either individual or group integrated employment, and 19% of individuals who receive day services from a state IDD agency participate in a service designed to support integrated employment …

Policy Brief: The Applicability Of The Ada To Personal Assistance Services In The Workplace, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This policy brief addresses whether providing personal assistance services in the workplace is a reasonable accommodation as defined in the ADA, and if so, under which circumstances.

Research To Practice: National Day And Employment Service Trends In Mr/Dd Agencies, Danielle Dreilinger, Dana Scott Gilmore, John Butterworth

Research to Practice Series, Institute for Community Inclusion

To what extent have changes in philosophy translated into changes for state agencies and the people they serve? This brief analyzes MR/DD agencies' day and employment service trends from 1988 to 1999 and discusses relevant trends in policy and legislation.

Research To Practice: Effective Customer Service Delivery In Employment Support: Finding A Common Ground Between Guided And Self-Directed Service Delivery, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

An ICI study analyzed the experiences of individuals who successfully found jobs through agencies and discovered five characteristics of effective employment services. This brief describes guided and self-directed approaches and provides recommendations for agency staff.

Policy Brief: Improvements To The Ssdi And Ssi Work Incentives And Expanded Availability Of Health Care Services To Workers With Disabilities Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief gives background information on federal income maintenance and health care programs, and describes the major provisions of the Ticket to Work and Work Incentives Improvement Act.

Policy Brief: The Ticket To Work And Self-Sufficiency Program And Established Under The Ticket To Work And Work Incentives Improvement Act Of 1999, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

A description of the major provisions in Title I of the Act, which created the Ticket to Work and Self-Sufficiency Program.

Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley

Articles

This Article will adopt the perspective of individuals with disabilities in their encounters with the health care finance and delivery system in the United States, and will pose the question of what the past decade has shown the ADA to mean (or not mean) for those individuals' ability to seek, receive, and pay for effective health care services. To that end, this Article will provide an overview of three broad areas on which the ADA has had varying degrees of impact.

Part II of the Article will examine how the ADA has affected the rights of an individual with a …

Policy Brief: Provisions In The Workforce Investment Act Describing The Interplay Between Workforce Investment Systems And Vocational Rehabilitation Programs, Robert Silverstein

Policy Briefs Series, Institute for Community Inclusion

This brief identifies the sections in Title I of the Workforce Investment Act that specifically reference the state VR program, individuals with disabilities, and organizations representing individuals with disabilities.

Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

A brief overview of findings from the Conversion to Integrated Employment monographs.

Research To Practice: Grant Development And Decision-Making: Comparison Of Funding Agencies And Community-Based Minority Organizations, Institute For Community Inclusion, University Of Massachusetts Boston

Research to Practice Series, Institute for Community Inclusion

This report compares the perspectives of government funding agencies and community-based minority organizations on grant development and decision-making, and gives recommendations on how these groups can work together effectively to fund disability programs.