The Department of Veterans Affairs has launched a new hotline —1-855-VA-WOMEN (1-855-829-6636) — to receive and respond to questions from Veterans, their families and caregivers about the many VA services and resources available to women Veterans.

The hotline is staffed by knowledgeable VA employees who can provide information about benefits including health care services for women. Callers can be linked to information on claims, education or health care appointments as well as information about VA cemeteries and memorial benefits. Staff can answer urgent questions and provide referrals to homeless and mental health services as well as provide Vet Center information.

Women make up nearly 15 percent of today’s active duty military and 18 percent of National Guard and Reserve forces. The population of women Veterans using VA benefits including health care is growing rapidly. Since 2000, the number of women using VA health care more than doubled, from nearly 160,000 in 2000 to more than 354,000 in 2012. Based on the upward trend of women in all branches of service, the number of women Veterans—and female VA users—will keep climbing.

Women Veterans are entitled to apply for the same benefits as their male counterparts, which include health care and pharmacy benefits as well as education benefits, disability compensation, home loans, employment assistance and more.

The hotline (1-855-VA-WOMEN) joins numerous other VA hotlines that provide critical information and assistance to Veterans, such as those for Veterans in crisis and in danger of becoming homeless. Veterans can also receive information and apply for benefits online at VA’s www.eBenefits.va.gov and manage their health care at www.MyHealtheVet.va.gov.

Accommodations for students with disabilities may include testing accommodations like extended time, use of assistive technology, a different environment to take the test to minimize distractions, breaks during testing, use of a reader, use of computer software and/or spell check, and reduced emphasis on spelling and grammatical errors.

Classroom accommodations may including receiving copies of the instructor’s notes and presentation materials, use of a note taker, and permission to use an electronic device to record lecture materials.

Other accommodations may include removing physical/architectural barriers in the classroom and campus buildings, providing textbooks and course materials in alternate formats, using assistive technology, granting waivers, modifications, and/or substitutions for degree requirements (such accommodation need not be made if the institution can demonstrate that the changes requested would substantially alter essential elements of the course or program), and giving additional tutoring and one-on-one support.

Under the ADA the employer should reassign the individual to a vacant or different position for which the employee is qualified, unless it would cause undue hardship to the employer.

Words have power. Self-advocates with intellectual disabilities have clearly stated that negative language leads to harmful action, discrimination, abuse, negative stereotypes, disenfranchisement, and violence. “Retard” and “retarded” are derogatory and dehumanizing terms — on par with the N-word used to describe African Americans, and various hateful terms used to describe members of the Jewish, gay and lesbian, and other minority communities. In addition, words and labels can cause others to think that people with intellectual disabilities are not able to achieve the things that others can achieve.

The self-advocacy movement led by people with developmental disabilities has fought for years to eliminate the use of the term ‘mental retardation’ due to its incredibly harmful impact on their lives. There is consensus nationwide among the disability community to replace the term with one that is more respectful: ‘people with intellectual disabilities.’

People with disabilities do not want to be labeled and they do not want to be defined by their particular disability or disabilities. Disability is a natural part of the human experience, an aspect of human diversity, like other areas of human variation. Therefore it is preferable to use “people first” language that places the emphasis on the person instead of on the disability. For example, instead of saying “the disabled” it is preferable to say “person with a disability.” Instead of “the epileptic,” say “person with epilepsy.” Instead of “developmentally disabled,” use “person with developmental disabilities.” Other examples include: “person with cerebral palsy,” “person with intellectual disabilities,” “person with autism,” “a person who is blind, deaf,” etc.

People with disabilities also do not want to be referred to as a victim or object of pity. People with disabilities are not victims. Disability is just one aspect of the person. Avoid using “suffers from,” “afflicted with,” “bound,” “confined,” “sentenced to,” “prisoner,” “victim,” or any other term that implies tragedy. For example, instead of writing “wheelchair-bound” or “confined to a wheelchair” use “person who uses a wheelchair.” Instead of “victim of quadriplegia,” use “person with quadriplegia” or “people with paraplegia.”

Yes, the ADA does require readily achievable barrier removal in historic buildings. The ADA Accessibility Guidelines contain provisions (4.1.7 Accessible Buildings: Historic Preservation) for historical buildings.

Carolyn W. Colvin, Acting Commissioner of Social Security, has announced that the Social Security Administration is offering a new mobile optimized website, specifically aimed at smartphone users across the country. People visiting the agency’s website, www.socialsecurity.gov, via smartphone (Android, Blackberry, iPhone, and Windows devices) will be redirected to the agency’s new mobile-friendly site. Once there, visitors can access a mobile version of Social Security’s Frequently Asked Questions, an interactive Social Security number (SSN) decision tree to help people identify documents needed for a new/replacement SSN card, and mobile publications which they can listen to in both English and Spanish right on their phone.

In addition, visitors to the new mobile site can learn how to create a personal my Social Security account to get an online Social Security Statement, learn more about Social Security’s online services, and connect with Social Security on Facebook, Twitter, YouTube, and Pinterest. For people unable to complete their Social Security business online or over the telephone, the agency also unveiled a new mobile field office locator. The new mobile office locator has the capability to provide turn-by-turn directions to the nearest Social Security office based on information entered by the person.

Each year, more than 35 million Social Security web page views come via smartphones.

For more information, please go to www.socialsecurity.gov.

Lupus is a chronic autoimmune disease that can affect any part of the body. An estimated 5 million people around the world have lupus.

Most people know very little about lupus. But by working together we can change that. Imagine the impact we can have if we all help raise worldwide recognition of lupus, assuring earlier diagnosis, better treatments, and greater support for people everywhere! Join me and pledge to raise awareness for lupus.

Click here to sign the pledge.

Many people with vision impairments rely on Large Print Documents.

Large print documents should be at least 16 point in a sans serif font such as Verdana, Arial and Helvetica, but 18 to 20 point is preferred.

The Access Pass is a free, lifetime pass available to United States citizens or permanent residents, regardless of age, that have a permanent disability. The Pass can be used at over 2000 Federal recreation sites across the nation, including National Parks, National Wildlife Refuges, and many National Forest lands. The Access Pass admits the Pass owner and any passengers traveling with him/her in a non-commercial vehicle at per-vehicle fee areas or the Pass owner and three additional adults where per-person fees are charged. The Access Pass may also offer a discount on some expanded amenity fees, such as camping. Discounts offered by the Pass vary widely across the many different types of recreation sites. Pass owners are encouraged to check with sites they plan to visit before obtaining a pass to verify that their Pass will be accepted. Anytime a Pass is used, photo identification will be requested to verify Pass ownership.

How to Obtain an Access Pass:

The pass may be obtained two ways, either at a federal recreation site where entrance or standard amenity fees are charged or through the mail. To obtain a pass you must have identification to verify that you are a U.S. citizen or permanent resident, which could include:

A US State or Territory issued Drivers License, Identification or Birth Certificate
A US Passport or Passport Card
A Permanent Resident Card (Green Card)

You must also have documentation that you have a permanent disability, which could include:

A statement signed by a licensed physician attesting that you have a permanent physical, mental, or sensory impairment that substantially limits one or more major life activities, and stating the nature of the impairment;
OR
A document issued by a Federal agency, such as the Veteran’s Administration, which attests that you have been medically determined to be eligible to receive Federal benefits as a result of blindness or permanent disability. Other acceptable Federal agency documents include proof of receipt of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI);
OR
A document issued by a State agency such as the vocational rehabilitation agency, which attests that you have been medically determined to be eligible to receive vocational rehabilitation agency benefits or services as a result of medically determined blindness or permanent disability. Showing a State motor vehicle department disability sticker, license plate or hang tag is not acceptable documentation.

Obtaining a Pass Through the Mail:

To obtain an Access pass through the mail you must complete an application, provide a photocopy of proof of citizenship or residency, documentation of disability and pay the processing fee. The cost of obtaining an Access Pass through the mail is ten dollars ($10) for processing the application (the Pass is free).

Obtaining a Pass in Person:

If you apply for an Access Pass at a Federal recreation site you do NOT need to fill out an application. When you arrive at the recreation site, the officer providing the pass will verify your documentation of disability and that you are a U.S. citizen or permanent resident by checking your ID. You will then be issued the Pass. The Pass is free if obtained in person, there is no processing fee. Before making a trip to obtain a Pass, be sure to contact the site to ensure that they have passes available.

For more information and an Application please click here.

The Centers for Medicare & Medicaid Services (CMS) announced this week that the application for health coverage has been simplified and significantly shortened. The application for individuals without health insurance has been reduced from twenty-one to three pages, and the application for families is reduce by two-thirds. The consumer friendly forms are much shorter than industry standards for health insurance applications today.

In addition, for the first time consumers will be able to fill out one simple application and see their entire range of health insurance options, including plans in the Health Insurance Marketplace, Medicaid, the Children’s Health Insurance Program (CHIP) and tax credits that will help pay for premiums.

The application can be submitted starting on October 1 and can be found here.

The online version of the application will be a dynamic experience that shortens the application process based on individuals’ responses. The paper application was simplified and tailored to meet personal situations based on important feedback from consumer groups.

Consumers can apply online, by phone or paper when open enrollment begins October 1, 2013. There will be clear information provided about how to complete the application, and how to access help applying and enrolling in coverage.

This consumer-focused approach will facilitate the enrollment of millions of Americans into affordable, high quality coverage while minimizing the administrative burden on states, individuals and health plans.

For more information about the Health Insurance Marketplace, click here.

The Virginia Department for Aging and Rehabilitative Services (DARS) is conducting a statewide Brain Injury Needs & Resources Assessment of the needs of individuals with brain injury, their family members/caregivers, and professionals and programs serving persons with brain injury in Virginia. The Survey Evaluation and Research Laboratory (SERL) at Virginia Commonwealth University is assisting DARS in collecting information from individuals and caregivers about their experiences.

If you are at least 18 years of age and a survivor of a brain injury or the caregiver of someone with a brain injury, you may be eligible to participate. This survey is not limited to only those who sustained traumatic brain injuries (e.g. car accidents, assaults, falls, bicycle injury, sports Injury, combat related injury); it also includes other types of brain injury (e.g. stroke, brain tumor, brain aneurysm, lack of oxygen, infection).

As a professional or program, you may also be eligible to participate, to provide information about the resources you offer, the gaps in services you experience, and the needs you see among those you serve.

If you would like to participate in the survey, please click here and complete the information requested (this is not a link to the actual written survey, but this is where you give permission to send the survey to you either by mail or via a web link).

If you know someone who might like to participate but is unable to opt in via the internet, they can call Jenn Reid with SERL at 804-827-0459 to request a pen and paper version be sent by mail.

Information provided through the completion of the survey will help DARS and other brain injury providers plan and promote appropriate service delivery for survivors and their family members/caregivers. Survey information collected by SERL is treated confidentially; neither DARS nor SERL will share any personal information such as name or address in the final report.

If you have any questions about the survey contact SERL via e-mail at jguyre@vcu.edu or at 804-827-0459.

No, Charter schools are not exempt from the Americans with Disabilities Act (ADA). Charter schools, because they are part of the public school system, have Title II obligations under the Americans with Disabilities Act and must make their programs accessible when viewed in their entirety.

NO, a public transportation agency cannot deny transportation to a person using a wheelchair if the wheelchair cannot be secured in a bus or a train, even if the agency requires the wheelchair to be secured.

Because the Americans with Disabilities Act is civil rights law, compliance with and enforcement of its implementing regulations, including its guidelines for new construction and alterations, is not overseen by a local building code official but is exercised through private suit or by specified federal agencies when discrimination – or the probability of discrimination on the basis of disability – is alleged.

Spread the Word to End the Word is an ongoing effort by Special Olympics & Best Buddies to raise the consciousness of society about the dehumanizing and hurtful effects of the R-word (“retard(ed)” and encourage people to pledge to stop using the R-word.

Respectful and inclusive language is essential to the movement for the dignity and humanity of people with intellectual disabilities. However, much of society does not recognize the hurtful, dehumanizing and exclusive effects of the R-word.

The campaign is intended to engage individuals, schools and communities to promote the inclusion and acceptance of people with intellectual and developmental disabilities.

The campaign asks people to pledge to stop saying the R-word as a starting point toward creating more accepting attitudes and communities for all people. Language affects attitudes and attitudes affect actions.

Make your pledge to choose respectful people first language today at www.r-word.org.

Posted by Sheri Abrams, Attorney at Law, www.sheriabrams.com

The Americans with Disabilities Act (ADA) does not override health and safety requirements established under other federal laws even if a standard adversely affects the employment of an individual with a disability. If a standard is required by another federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity. For example, employers must conform to health and safety requirements of the U.S. Occupational Safety and Health Administration. However, an employer still has the obligation under the ADA to consider whether there is a reasonable accommodation, consistent with the standards of other federal laws that will prevent exclusion of qualified individuals with disabilities who can perform jobs without violating the standards of those laws. If an employer can comply with both the ADA and another federal law, then the employer must do so.

The ADA does not override state or local laws designed to protect public health and safety, except where such laws conflict with the ADA requirements. If there is a State or local law that would exclude an individual with a disability from a particular job or profession because of a health or safety risk, the employer still must assess whether a particular individual would pose a “direct threat” to health or safety under the ADA standard. If such a “direct threat” exists, the employer must consider whether it could be eliminated or reduced below the level of a “direct threat” by reasonable accommodation. An employer cannot rely on a State or local law that conflicts with ADA requirements as a defense to a charge of discrimination.

Posted by Sheri Abrams, Attorney at Law, www.sheriabrams.com

Last week the U.S. Office of Personnel Management (OPM) issued final regulations pertaining to a special hiring authority for the appointment of persons with certain disabilities. The final rule for “Excepted Service – Appointment of Persons with Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities,” also known as “Schedule A Hiring Authority,” simplifies the hiring process for job applicants with disabilities who have work, educational, or other relevant experience, by relieving them of the burden of procuring “certificates of readiness” as a condition of appointment. The new regulations are consistent with the President’s policy of removing barriers and encouraging the employment of individuals with disabilities in the federal workforce, as expressed in Executive Order 13548, Increasing Federal Employment of Individuals With Disabilities.

“We deliver the best results to the American people when we include all parts of our society in our workforce, and take full advantage of their skills and perspectives,” said OPM Director, John Berry. “It’s important to recruit, hire, develop and retain a competitive and diverse workforce, so that we tap the potential of all groups – including Americans with disabilities.”

Previously, an individual with a disability who wished to be appointed under the Schedule A authority was required not only to establish that he or she had a qualifying disability but also to submit a “certification of job readiness,” essentially a formal written assessment, by a medical professional, vocational rehabilitation specialist, or disability benefit agency, that the applicant could reasonably be expected to perform in a particular work environment. This final rule removes the requirement for a certification of job readiness. Now an applicant will only need to establish that he or she has a qualifying disability.

Schedule A Hiring Authority for persons with disabilities is one of the tools the federal government uses to accomplish the goals of Executive Order 13548. In FY 2011, people with disabilities represented 7.96 percent of all new hires. When veterans who are 30 percent or more disabled are included, people with disabilities represent 14.7 percent of all new hires or 18,738 people.

posted by Sheri R. Abrams, Attorney at Law, www.sheriabrams.com

Sequestration’s mandatory budget cuts took effect on Friday, March 1, 2013. The press has reported that “Social Security will not be affected.” This is not completely accurate. It is true that the payment of benefits will not be affected. However, the sequestration cuts will affect all other aspects of SSA, including the day-to-day operations of the Agency, by reducing SSA’s administrative budget.

According to the SSA Fact Sheet on the effect of sequestration on SSA’s operations, field office and hearing office operations will be impacted, although the timing is not clear. SSA estimated that sequestration will result in longer waits in field offices (average of 30 minutes) and for the 800-number. Pending levels of initial disability claims would rise by over 140,000 claims and would have to wait about two weeks longer for an initial decision. Sequestration would result in the loss of over 5,000 more SSA employee jobs.

At the hearing level, claimants will have to wait nearly a month longer for a hearing decision and the progress in reducing the hearings backlog would be eroded. While SSA will try to prioritize reductions to avoid furloughs, they still remain possible. With each furlough day, ODAR would not be able to hold 3,000 hearings.

Information Provided by NOSSCR, posted by Sheri R. Abrams, Attorney at Law, www.sheriabrams.com

The Department of Veterans Affairs has launched a new initiative that could eliminate the requirement for an in-person medical examination for some Veterans and shorten the time it takes to process Veterans’ disability compensation claims.

The initiative is called Acceptable Clinical Evidence (ACE). This initiative was developed by both the Veterans Health Administration (VHA) and the Veterans Benefits Administration (VBA) in a joint effort to provide a Veteran-centric approach for disability examinations. Use of the ACE process opens the possibility of doing assessments without an in-person examination when there is sufficient information in the record.

Under ACE practices, a VA medical provider completes a Disability Benefits Questionnaire (DBQ) by reviewing existing medical evidence. This evidence can be supplemented with information obtained during a telephone interview with the Veteran – alleviating the need for some Veterans to report for an in-person examination.

When a VA medical provider determines VA records already contain sufficient medical information to provide the needed documentation for disability rating purposes, the requirement for Veterans to travel to a medical facility for an examination may be eliminated.

If VA can complete a DBQ by reviewing medical records already on file, it will use the ACE process. This would then expedite the determination of disability ratings – in turn eliminating the wait time to schedule and conduct an exam from the claims process.

During a 15-month pilot test at one VA regional claims processing office, 38 percent of claims submitted were eligible for ACE.

The ACE initiative is a part of the VBA’s agency-wide Transformation Plan – a five-year, multifaceted organizational change that is based on more than 40 personnel, process and technology initiatives designed to improve claims processing. The goal of the Transformation Plan is to eliminate the claims backlog and process all claims within 125 days with 98 percent accuracy in 2015.

To learn more about VBA Transformation Initiatives, visit: http://benefits.va.gov/transformation/.

In addition to the provisions about service dogs, the Department of Justices’ revised ADA regulations have a new, separate provision about miniature horses that have been individually trained to do work or perform tasks for people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and generally weigh between 70 and 100 pounds.)

Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations set out four assessment factors to assist entities in determining whether miniature horses can be accommodated in their facility. The assessment factors are (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whether the facility can accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

White House Press Release:

President Obama and the First Lady have long been committed to ensuring that the White House is truly the People’s House, and that Americans with disabilities are fully integrated into our society.

Continuing on that commitment, the White House Visitor’s Office is pleased to announce the availability of an audio description for those taking a White House tour. This will give blind and visually impaired Americans and persons with other print disabilities the opportunity to listen to an audio described tour as they visit the historic, public rooms of the White House.

Read more about the audio descriptions at the following link:

http://www.whitehouse.gov/blog/2013/01/24/white-house-announces-audio-descriptions-public-tours

FIFA 13, a soccer simulator, scored nearly a perfect 10 in AbleGamer’s game accessibility review process by implementing options such as remappable keys, subtitles and colorblind options.

In addition, FIFA 13 includes settings that allow players to tailor gameplay directly to their abilities. Gameplay can be slowed down all the way to 10 percent of the normal speed, enabling those with cognitive disabilities to play the game inside their comfort zone. Furthermore, the artificial intelligence (A.I.) can be slowed down, while leaving the player’s characters at full speed, giving gamers with mobility impairments the opportunity to react in more forgiving environments.

Perhaps even more impressive is that the game can be played by a mouse or trackball alone. This means people who are quadriplegics and those with severe disabilities, such as Muscular Dystrophy, can enjoy a sports game — in some cases, for the first time.

Yes, the employer violates the ADA’s association provision if it decides not to hire an employee based on the increased health insurance costs that will be caused by his spouse’s disability. The association provision of the ADA prohibits employment discrimination against a person, whether or not he or she has a disability, because of his or her known relationship or association with a person with a known disability. This means that an employer is prohibited from making adverse employment decisions based on unfounded concerns about the known disability of a family member or anyone else with whom the applicant or employee has a relationship or association.

Posted by Sheri R. Abrams, Attorney at Law, www.sheriabrams.com

Although parking is calculated on a per-lot basis, it can be located in a different location if equivalent or greater accessibility, in terms of distance to an accessible entrance, fees, and convenience is ensured.

For example, while site constraints may prohibit the location of a large parking lot adjacent to an accessible entrance, the required number of accessible spaces might be installed at the entrance to provide more convenient access.

Credit: The Northwest ADA Center

Posted by Sheri R. Abrams, Attorney at Law, www.sheriabrams.com