Disability Law Commons^™

Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering

Roger Williams University Law Review

No abstract provided.

Organizational Transformation: Guiding Principles For Community Providers (Bringing Employment First To Scale, Issue No. 6), Jaimie Ciulla Timmons, Amie Lulinski, Cindy Thomas, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

A key area of focus for our Rehabilitation Research and Training Center (RRTC) is organizational transformation, leading to improved employment outcomes for those served by community provider organizations. Community provider organizations and their staff are the primary source of day and employment supports for people with intellectual and/or developmental disabilities (IDD). Among this large provider community, variation of services and employment philosophies exists. Many believe that facility-based programs are essential for individuals with disabilities who are having difficulty getting or maintaining competitive work in the labor force, and have limited plans to expand competitive integrated employment. Others believe that all …

Data Note: The Engagement Of Young Adults With Intellectual Disabilities In Vocational Rehabilitation: 2010–2014 State Trends, Alberto Migliore, Jean Winsor, Caro Narby, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

In this Data Note, we look at the average number of young adults with intellectual disabilities (ID) who between 2010 and 2014 exited vocational rehabilitation (VR) programs in each of the 50 states and the District of Columbia.

Achieving Best Practice In Employment Supports: Defining Measures Of Effectiveness (Bringing Employment First To Scale, Issue No. 4), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

People with intellectual and developmental disabilities (IDD) are among the most likely Americans to be unemployed, live in poverty, or rely on public programs. In 2013, only 23% of working-age people with cognitive disabilities—a broad demographic category that includes individuals with IDD—were employed, compared to 72% of people without disabilities. While over 30 states have adopted an Employment First policy (a declaration that employment is the priority outcome for people with disabilities), a key challenge is ensuring that supports meet the standards for best practice. Employment supports are delivered by what we refer to as “employment consultants.” We use this …

Policy And State-Level Strategies To Promote Employment (Bringing Employment First To Scale, Issue No. 3), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

At the national level, integrated employment has become an important policy priority. Greater expectations are being placed on those charged with delivering employment supports, and disability systems are responding. However, the promise of integrated employment has yet to be realized for individuals with intellectual and developmental disabilities (IDD). The number of individuals supported in integrated employment by state IDD agencies has remained the same since 2000, participation in non-work services has grown rapidly, and promising practices for employment supports identified in the research are not widely implemented. What are the state-level strategies that can change this trajectory?

This brief: Describes …

Knowledge Translation And Support For Individuals And Families (Bringing Employment First To Scale, Issue No. 5), Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

With the persistently low competitive employment rate for working-age people with intellectual and developmental disabilities (IDD), a main focus area for the field of disability research has been on the interaction between the individual and the service system. Yet we know much less about the interaction between systems and families around employment. Family engagement is key to successful employment and life planning, often leading individuals with disabilities on the path to employment when family members serve as role models for work ethic and behavior. Family members may also provide logistical support, including coaching and advice, help with planning and organizing …

High-Quality Community Life Engagement Supports: Four Guideposts For Success (Engage: A Brief Look At Community Engagement, Issue No. 3, 2016), Jaimie Ciulla Timmons, Jennifer Sullivan Sulewski, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

Community Life Engagement refers to supporting people with intellectual and developmental disabilities (IDD) to access and participate in their communities outside of employment as part of a meaningful day. States and providers report growing numbers of individuals with IDD in Community Life Engagement, yet the role of services related to engagement and participation in community life has to date been largely undefined.

Furthermore, the Department of Justice’s guidance around the provision of day and employment supports in integrated settings (U.S. Department of Justice, 2014; United States v. State of Rhode Island, 2014) has illustrated the need to define and provide …

Who Are Employment Consultants? Characteristics Of The Workforce That Connects Job Seekers With Intellectual And Developmental Disabilities To Employment (Bringing Employment First To Scale, Issue No. 7), Oliver Lyons, Alberto Migliore, Kelly Nye-Lengerman, Derek Nord, John Butterworth, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In 1987, the Institute for Community Inclusion (ICI) at the University of Massachusetts Boston began a series of surveys aimed at providing a longitudinal description of the characteristics and service delivery provided by Community Rehabilitation Providers (CRPs)(Domin & Butterworth, 2012). Despite direct support staff comprising one of the nation’s largest labor market segments, there has been very little research into the wages and stability of that workforce (Bogenschutz, Hewitt, Nord, & Hepperlen, 2014). Additionally, most of the literature regarding employment consultants has focused on service outcomes of the individuals served. However, according to Luecking, Fabian, and Tilson (2004), “…Regardless of …

Data Note: Comparing Vr Outcomes For Individuals With And Without Intellectual Disabilities Who Receive Postsecondary Education Services, John Shepard, Frank A. Smith, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

This Data Note explores the provision of postsecondary education services to vocational rehabilitation customers with and without intellectual disabilities who exited the VR system in FY2014.

Data Note: State Intellectual And Developmental Disability Agencies' Service Trends, Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

Data Note Series, Institute for Community Inclusion

This Data Note summarizes findings from the FY 2014 National Survey of State Intellectual and Developmental Disability Agencies' (IDD Agencies) Day and Employment Services.

Statedata: The National Report On Employment Services And Outcomes, 2016, Jean Winsor, Jaimie Ciulla Timmons, John Butterworth, John Shepard, Cady Landa, Frank A. Smith, Daria Domin, Alberto Migliore, Jennifer Bose, Lydia Landim, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report provides statistics over 25 years from several national datasets that address the status of employment and economic self-sufficiency for individuals with intellectual and developmental disabilities. The authors use abbreviations for both intellectual disability (ID) and intellectual and developmental disabilities (IDD) in this report. This is because data sources vary in the specific target groups that can be described. Please refer to each chapter for the disability definition used in that chapter. We provide a comprehensive overview that describes national trends in employment for people with IDD, and the appendices provide individual state profiles with data from several sources. …

Research To Practice: The 2014–2015 National Survey Of Community Rehabilitation Providers Report 1: Overview Of Services, Trends, And Provider Characteristics, Daria Domin, John Butterworth

Research to Practice Series, Institute for Community Inclusion

This brief is based on the 2014–2015 National Survey of Community Rehabilitation Providers (CRPs) funded by the Administration on Intellectual and Developmental Disabilities. This brief presents findings on people with all disabilities and people with intellectual and developmental disabilities (IDD) who receive employment and non-work services from community rehabilitation providers (CRPs). Previous national surveys of CRPs were conducted by the Institute for Community Inclusion in 2002–2003 and 2010–2011, and also gathered data on provider services for individuals with disabilities (Metzel et al., 2007; Domin & Butterworth, 2012). This brief will incorporate some of those findings and compare them against the …

For The Protection Of Society's Most Vulnerable, The Ada Should Apply To Arrests, Thomas J. Auner

Loyola of Los Angeles Law Review

No abstract provided.

From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay

Articles & Book Chapters

No abstract provided.

The Wrongheadedness Of The Poms Pooled Trust Rules And An Unfortunate But Recently Noted Chinese Parallel, Thomas Simmons

Faculty Publications

Supplemental needs trusts of the pooled trust variety have offered important dignity-enhancing protections for individuals with disabilities for several decades. A pooled trust, properly structured according to Congressional requirements, allows the wealth of an individual with disabilities to be overseen by an independent third party trustee, supplementing without displacing means-tested government programs like Medicaid and Supplemental Security Income. Beginning in 2012, the Social Security Administration imposed new burdensome requirements on pooled trusts through its informal POMS manual. Those new requirements have intentionally or unintentionally eliminated as a practical matter the availability of pooled trusts in many states. This unfortunate result …

Workers' Compensation: Necessary Changes In Favor Of The Injured Worker

Nova Law Review

Florida's workers' compensation is intended to provide a "reasonable alternative to tort litigation" by providing medical and wage- loss benefits to injured workers.

A Bare Desire To Harm: Transgender People And The Equal Protection Clause, Kevin M. Barry, Brian Farrell, Jennifer Levi, Neelima Vanguri

Faculty Scholarship

The U.S. Supreme Court’s decision in Obergefell v. Hodges establishing marriage equality for same-sex couples marks a major shift in recognizing gay, lesbian, and bisexual people as a central part of the fabric of American society. Obergefell also marks the passing of the torch from “LGB” to “T”; the next civil rights frontier belongs to transgender people, for whom key barriers still remain. In January 2015, a transgender woman filed an equal protection challenge to a provision of the Americans with Disabilities Act (“ADA”), which explicitly excludes several medical conditions closely associated with transgender people. In support of this challenge, …

Intersectionality Problems With Gendered Disability Discrimination, Thomas Simmons

Faculty Publications

No abstract provided.

Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe

Law Student Publications

Reporting on Petitti v. McDonald, No. 13-3469, ____ Vet. App. ____ (October 28, 2015): The Court was asked to clarify what constitutes "painful motion" and what evidence the Board of Veterans’ Appeals must consider when making this determination.

What Are Aging Parents Caring For Adult Children With Disabilities To Do? A Comprehensive Framework For A Healthy, Stable, Financially Sound Future, Jennifer M. Kirby-Mclemore

Roger Williams University Law Review

No abstract provided.