Law Commons^™

Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride

American University Journal of Gender, Social Policy & the Law

One of the hallmarks of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in the workplace on the basis of disability, is that it defines “discrimination” to include “not making reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual with a disability.” This concept of reasonable accommodation was seen as innovative in two ways. It recognized that employers must sometimes take affirmative steps or make adaptations to afford individuals with disabilities an equal opportunity to apply for and perform jobs. And it identified the failure to take such affirmative steps as a type of …

Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, Robert Dinerstein, Frank A. Johns, Patricia E. Kefalas Dudek

Articles in Law Reviews & Other Academic Journals

This article focuses on rising tensions and conflicts (perceived and actual) occurring among guardianships, special needs trusts (SNT) and other protective arrangements. The authors focus on three distinctly different applications, guiding participants through 1) Guardianship versus an SNT; 2) Supported decision-making versus an SNT; and 3) Guardianship versus other less restrictive options, including, but not limited to, an Achieving a Better Life Experience (ABLE) account, a representative payee, and a pooled SNT.

An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains

Dickinson Law Review (2017-Present)

No abstract provided.

Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson

Law Publications

An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."

This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.

This research study focuses on access to administrative justice on the …

Foreword: The Disability Frame, Jasmine E. Harris, Karen Tani

All Faculty Scholarship

This essay is the Foreword to the 2022 University of Pennsylvania Law Review symposium on “The Disability Frame.” “The disability frame” refers to the characterization of a particular controversy or problem as being “about” disability, which in turn can imply that disability-focused laws ought to resolve or adjudicate the issue. We see this frame function in at least four ways. First, the disability frame is sometimes invoked as a shield, with the hope that it will insulate someone from the reach of the state or exempt a person from an unwelcome or onerous responsibility (e.g., jury service, vaccination, a criminal …