Michael J. Astrue, Commissioner of Social Security, announced that the agency is submitting legislation to Congress that would prohibit states, without the Commissioner’s prior authorization, from reducing the number of state personnel who make disability determinations for Social Security or the hours they work below the amount the agency authorizes.

“It is long past time that states end these unconscionable furloughs and hiring freezes that needlessly harm citizens with disabilities,” Commissioner Astrue said. “States realize no fiscal savings whatsoever from these actions and this legislation would prevent needless delays in the disability determination process. I am grateful for the President’s support and urge Congress to move quickly to help us make this provision the law of the land.”

More than a dozen states have implemented furloughs and hiring freezes that affect the federally paid state workers who make disability determinations for Social Security. The state agencies that employ these workers in their disability determination service (DDS) components receive 100 percent of their funding from the Federal government. Accordingly, states do not save any money by imposing furloughs and hiring freezes on federally funded employees. Rather, they slow benefits to some of the most vulnerable citizens – for example, furloughs in California in fiscal year 2010 delayed payment of over $11 million in benefits to more than 40,000 citizens with disabilities. State-imposed furloughs and hiring freezes also reduce state income tax revenue and increase unemployment in the state.

“The members of Local 1000 have always believed that furloughing federally funded positions doesn’t make economic sense and that has been proven in California during these past 18 months that Governor Schwarzenegger has imposed furloughs on state employees,” Yvonne Walker, President of Service Employees International Union Local 1000 said. “I applaud Social Security for initiating legislation that would prevent further bad economic policy from going forward. This provision will not only help DDS workers, but the claimants who rely on the services our members provide.”

“We commend the Commissioner for his forceful and dedicated leadership in taking this bold action,” said Susan X. Smith, President of the National Association of Disability Examiners (NADE). “Our members are witness to the impact the current economic recession has had for disabled citizens and we are working hard to meet the dramatic increase in claims for benefits. These furloughs further compound the problems faced by disabled citizens by creating unnecessary delays in the processing of their claims. NADE urges quick action with regards to this legislative proposal.”

The U.S. Justice Department announced that George Washington’s home at Mount Vernon will undergo improvements to help people with disabilities with accessible walkways, closed captioning for films and sign language and audio tours in the mansion and on the grounds.

The Justice department reached agreement on the upgrades with the Mount Vernon Ladies Association. Plans call for a shallower entry ramp and modifications on the route to the ground floor of the historic mansion. There will be an accessible walk to a landing at the entrance for the shops, food court and Mount Vernon Inn. Controls of interactive exhibits will be modified so they can be used by visitors with physical disabilities.

Determining whether drug or alcohol abuse will affect a claimant’s eligibility for Social Security Disability benefits depends on materiality. If drug or alcohol abuse is found to be material to your disability you will not be able to win a case for Social Security Disability benefits. For example, if you were to apply for Social Security Disability benefits based on liver dysfunction and hepatitis, but you also have a history of alcohol abuse, some of it recent. If your liver damage is so pronounced that ceasing alcohol use completely would make no difference to your medical condition, then your alcohol abuse would be immaterial to your condition and you would probably win your case for Social Security Disability benefits. Conversely, if ceasing alcohol use would result in medical improvement, then it is material to your disability and your claim for Social Security Disability would likely be denied. Simply put, Social Security will not pay Social Security Disability benefits to claimants whose disabling conditions are exacerbated by drug and alcohol abuse.

Claimants who have a history of drug or alcohol abuse but are currently not using these substances should carefully review their medical records. Doctors will often indicate “possible use” in their treatment notes. Such indications, proven or not, can have a damaging effect on your Social Security Disability case. Claimants who suffer from a mental disability should especially be careful, as mental disability cases are more likely to be denied when substance abuse is involved.

While each case is unique, it is true an applicant has a better chance of obtaining Social Security Disability benefits if they are sober and remain sober.

The U.S. Department of Justice, Civil Rights Division has just published “Access To Medical Care For Individuals With Mobility Disabilities.” This documents discusses the legal obligations of health care providers to persons with mobility limitations under the Americans with Disabilities Act (ADA).

To review this document please click here.

On Virginia Beach, a new park called Grommet Island Park is being created to allow the disabled, adults, children, and the elderly to be able to play together. It allows for people in wheelchairs and nearly any disability to enjoy a day on the beach. The park contains waves and sand tables, a rock wall, slides, a sensory wall for young or old people with autism, and much more. Grommet Island Park is the first ever fully handicapped accessible park built on a beach.

Bruce Thompson was the mastermind behind the idea. His inspiration came from his son, Josh Thompson, a surfer who was diagnosed with Lou Gehrig’s Disease in 2006. After taking Josh’s two sons to the beach and realizing how difficult, if not impossible it was for someone in Josh’s condition or any other disability to enjoy the beach, he decided to make a difference. So he began the plans for the beach front park with over $2 million dollars in donations for the project, half of which will be donated to ALS research.

The “Grommet” in Grommet Island Park is a slang term for surfer.

The park is scheduled to have its grand opening on May 28, 2010.

The Congressional Budget Office determined it will pay out more in Social Security benefits in 2010 than it will receive in taxes. Social Security benefits are paid to senior citizens that are retired and those with disabilities funded by a federal deducted tax from payroll. This has never happened before, and was predicted to not happen until 2016. The Social Security administration blames the current recession as the main cause for this deficit taking place. More than 15 million Americans are out of jobs. With less people working, there are less paychecks being taxed, and therefore, less revenue for the Social Security Administration. However, the administration says this will not affect benefits for 2010.

Since the 1980s, analysts have been trying to predict when the social security system would go into deficit. Most predicted it would take place somewhere between 2016 and 2020. Now we know it is happening now.

Taxpayers with disabilities may qualify for a number of IRS tax credits and benefits. Parents of children with disabilities may also qualify. These seven tax credits and other benefits are available if you or someone else listed on your federal tax return is disabled:

1. Standard Deduction

Taxpayers who are legally blind may be entitled to a higher standard deduction on their tax return.

2. Gross Income

Certain disability-related payments, Veterans Administration disability benefits, and Supplemental Security Income are excluded from gross income.

3. Impairment-Related Work Expenses

Employees, who have a physical or mental disability limiting their employment, may be able to claim business expenses in connection with their workplace. The expenses must be necessary for the taxpayer to work.

4. Credit for the Elderly or Disabled

This credit is generally available to certain taxpayers who are 65 and older as well as to certain disabled taxpayers who are younger than 65 and are retired on permanent and total disability.

5. Medical Expenses

If you itemize your deductions using Form 1040 Schedule A, you may be able to deduct medical expenses. See IRS Publication 502, Medical and Dental Expenses.

6. Earned Income Tax Credit

Earned Income Tax Credit (EITC) is available to disabled taxpayers as well as to the parents of a child with a disability. If you retired on disability, taxable benefits you receive under your employer’s disability retirement plan are considered earned income until you reach minimum retirement age. The Earned Income Tax Credit is a tax credit that not only reduces a taxpayer’s tax liability but may also result in a refund. Many working individuals with a disability who have no qualifying children, but are older than 25 and younger than 65 do — in fact — qualify for EITC. Additionally, if the taxpayer’s child is disabled, the age limitation for the EITC is waived. The EITC has no effect on certain public benefits. Any refund you receive because of the EITC will not be considered income when determining whether you are eligible for benefit programs such as Supplemental Security Income and Medicaid.

7. Child or Dependent Care Credit

Taxpayers who pay someone to come to their home and care for their dependent or spouse may be entitled to claim this credit. There is no age limit if the taxpayer’s spouse or dependent is unable to care for themselves.

For more information on tax credits and benefits available to disabled taxpayers, see Publication 3966, Living and Working with Disabilities or Publication 907, Tax Highlights for Persons with Disabilities available on IRS.gov or by calling 800-TAX-FORM (800-829-3676).

Michael J. Astrue, Commissioner of Social Security, announced that Starting March 1, 2010, Social Security is adding 38 more conditions to its list of Compassionate Allowances. This is the first expansion since the original list of 50 conditions – 25 rare diseases and 25 cancers – was announced in October 2008. The new conditions range from adult brain disorders, such as early-onset Alzheimer’s disease, and rare diseases that primarily affect children. The complete list of the new Compassionate Allowance conditions is available if you click here.

“The addition of these new conditions expands the scope of Compassionate Allowances to a broader subgroup of conditions like early-onset Alzheimer’s disease,” Commissioner Astrue said. “The expansion we are announcing today means tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.”

Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits. It allows Social Security to electronically target and make speedy decisions for the most obviously disabled individuals. In developing the expanded list of conditions, Social Security held public hearings and worked closely with the National Institutes of Health, the Alzheimer’s Association, the National Organization for Rare Disorders, and other groups.

“The diagnosis of Alzheimer’s indicates significant cognitive impairment that interferes with daily living activities, including the ability to work,” said Harry Johns, President and CEO of the Alzheimer’s Association. “Now, individuals who are dealing with the enormous challenges of Alzheimer’s won’t also have to endure the financial and emotional toll of a long disability decision process.”

“We will continue to hold hearings and look for other diseases and conditions that can be added to our list of Compassionate Allowances,” Commissioner Astrue said. “There can be no higher priority than getting disability benefits quickly to those Americans with these severe and life-threatening conditions.”

I have gotten many requests for information on vacation options for families who have members with disabilities.

“Autism on the Seas” provides cruising vacation options for Adults and Families dealing with Autism and related Disabilities.

“Autism on the Seas” is dedicated to servicing the cruising travel needs of families and individuals faced with Autism and Asperger Syndrome, and all Cognitive, Intellectual and Developmental Disabilities as well as (but not limited to) Cerebral Palsy and Down Syndrome.

“Autism on the Seas” has been in collaboration with Royal Caribbean International since 2007, providing Group Cruises for a vacation experience that is unmatched. They also provide “Individual Autism Cruise Services” for those individuals and families who wish to cruise on any date or ship of their choice on Royal Caribbean, Celebrity, NCL, Carnival, or Disney.

Please visit their website at www.AutismontheSeas.com

or call “Autism on the Seas” at 1-800-516-5247 and ask for Mike or Karen

Please tell him/her that Sheri Abrams referred you.

Data from the U.S. Census is used to assign congressional seats to states, and it directly affects how more than $400 billion per year in federal funding is distributed to state, local and tribal governments. Accurate counts impact several important programs and services that are critical to the disabled community.

Here is what the census means for people with a disability:

* Helps state and county agencies plan for eligible recipients under the Medicare, Medicaid,and Supplemental Security Income (SSI) programs.

* Distributes funds and develops programs for people with disabilities and the elderly under the Rehabilitation Act.

* Distributes funds for housing for people with disabilities under the Housing and Urban Development Act.

* Allocates funds for mass transit systems to provide facilities for people with disabilities under the Federal Transit Act.

* Awards federal grants, under the Older Americans Act, based on the number of elderly people with physical and mental disabilities.

* Allocates funds to states and local areas for employment and job training programs for veterans and disabled veterans under the Job Training Partnership Act, Disabled Veterans Outreach Program.

* Ensures that comparable public transportation services are available for all segments of the population under the Americans with Disabilities Act.

Michael J. Astrue, Commissioner of Social Security, and Chubby Checker, Grammy Award winner and rock and roll legend, have launched a new campaign to inform millions of Americans about a new “twist” in the law that makes it easier to qualify for extra help with Medicare prescription drug costs. The extra help program currently provides assistance to more than nine million older adults and people with disabilities — saving them an average of almost $4,000 a year on their Medicare prescription drug plan costs. To apply for extra help, there is an easy-to-use online application available at www.socialsecurity.gov.

To qualify for extra help, people must meet certain resource and income limits. The new Medicare law eases those requirements in two ways. First, it eliminates the cash value of life insurance from counting as a resource. Second, it eliminates the assistance people receive from others to pay for household expenses, such as food, rent, mortgage or utilities, from counting as income. There also is another important “twist” in the law. The application for extra help can now start the application process for Medicare Savings Programs — state programs that provide help with other Medicare costs. These programs help pay Medicare Part B (medical insurance) premiums. For some people, the Medicare Savings Programs also pay Medicare Part A (hospital insurance) premiums, if any, and Part A and B deductibles and co-payments.

To learn more about the extra help program and to view the new TV spot featuring Chubby Checker, go to www.socialsecurity.gov/extrahelp.

Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. SSI is often confused with Social Security Disability Insurance (SSDI). One of the main differences between the two programs is that SSDI is available to people with disabilities no matter how much money they earn or have, while SSI places very strict limits on a recipient’s income and assets. However, in most states, an SSI beneficiary who receives even $1 from the program also qualifies for Medicaid health coverage, which can be far more valuable than SSI’s benefit itself.

How to Qualify for SSI:

This first requirement is often the hardest for SSI applicants to meet, in large part because the federal government’s definition of “disabled” is so narrow. In essence, adult SSI applicants who are seeking benefits based on a disability must show that they are almost completely unable to work at any job whatsoever. The applicant must have a physical or mental impairment that makes it impossible for him to engage in any “substantial gainful activity,” and this impairment must be expected to last for longer than one year or to result in death. If an applicant is able to engage in substantial gainful activity, then he will typically not be eligible for SSI. A child applicant must have a physical or mental impairment that results in marked and severe functional limitations and can be expected to last for longer than one year or result in death.

An SSI Beneficiary Must Have Very Limited Resources:

Once an SSI applicant has shown that she is disabled, she must also prove that she has less than $2,000 to her name. If the applicant can use or liquidate an asset to pay for food or shelter, the asset will probably count as a “resource” against this limit. A resource would include any funds held in the applicant’s bank accounts, retirement accounts, or in cash. If the applicant has set up a trust that does not meet specific requirements, the trust funds are also counted against the $2,000 limit. The applicant’s own home will not be considered an available resource, and her car is also exempt. The $2,000 resource limit does not disappear once a person qualifies for SSI. If an SSI beneficiary ends a month with more than $2,000 in her name, she will lose her benefits in the following month.

Income Is Key:

SSI recipients get only a modest monthly benefit, and this sum is reduced by any income they may have. In 2009, the maximum federal SSI benefit was $674 a month, although many states add a small supplement to this. In addition, SSI benefits are reduced by $1 for each dollar of unearned income a beneficiary receives (such as interest or dividends), and by $0.50 for each dollar of earned income (such as wages). SSI benefits are also reduced if an adult beneficiary lives in someone else’s home without paying rent, or if he receives free meals. Finally, the income of the people living with the beneficiary can count against the beneficiary. If the beneficiary’s combined income reduces his SSI benefit to zero, he loses SSI, along with any Medicaid benefits that may come with it.

Supplemental Needs Trusts Can Help:

Although SSI’s income and asset rules are highly restrictive, several types of trusts, called “Special Needs” or “Supplemental Needs” trusts, can protect an SSI beneficiary’s assets while allowing her to maintain SSI eligibility. Relatives and friends of the SSI recipient can also set up a trust for the recipient and fund it with their own money. If properly structured, these trusts also will allow an SSI recipient to continue receiving benefits. Unfortunately, a poorly drafted special needs trust can destroy any hopes an applicant has of ever qualifying for SSI.

Quality Advice Is Necessary:

SSI is a very complicated program with rules that most attorneys who do not focus on this practice area have trouble understanding. Therefore, it is essential to seek out a qualified special needs planner, such as the Attorneys at the Law Firm of Needham Mitnick & Pollack, who can guide you or your family through the complicated process of obtaining and maintaining SSI benefits.

It is my pleasure to announce that starting this January 2010 I will be joining the law firm of Needham Mitnick & Pollack, as “Of Counsel.”

After being a solo practitioner for the last 15 years I did not enter into this position lightly. However, I feel that this relationship with the wonderful people of this firm will be a benefit to both myself and my clients.

At Needham Mitnick & Pollack I will continue practicing Social Security Disability Law and Special Needs Planning as well as some additional areas in the future.

I will be available to see clients at Needham Mitnick & Pollack’s offices in Falls Church as well as my present office in Fairfax.

Needham Mitnick & Pollack is a well established Elder Law, Estate, Disability & Special Needs Planning law firm that can assist clients with Wills, Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits and Special Needs Trusts.

For more information on the law firm of Needham Mitnick & Pollack, please click here.

The annual observance of the International Day of Persons with Disabilities will take place this year on December 3, 2009. This day aims to promote an understanding of disability issues, the rights of persons with disabilities, and the gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic, and cultural life of their communities. This Day, which was established by the World Programme of Action Concerning Disabled Persons, adopted by the United Nations General Assembly in 1982, provides an opportunity to mobilize action to achieve the goal of full and equal enjoyment of human rights and participation in society by persons with disabilities.

Globally, almost one in ten people have a disability and recent studies indicate that persons with disabilities constitute up to 20 percent of the population living in poverty in developing countries. Many persons with disabilities continue to face barriers to their participation in their communities and are often forced to live on the margins of society. They often face stigma and discrimination and are routinely denied basic rights such as food, education, employment, access to health, and reproductive health services. Many persons with disabilities are also forced into institutions, a direct breach of the rights to freedom of movement and to live in their communities.

The United Nations has a long history of promoting the rights and well-being of all people, including persons with disabilities. The organization has worked to ensure their full and effective participation in the civil, political, economic, social, and cultural spheres on an equal basis with others in order to achieve a society for all. The organization’s commitment to the full and equal enjoyment of all human rights by persons with disabilities is deeply rooted in a quest for social justice and equity in all aspects of societal development. The World Programme of Action Concerning Disabled Persons and the Standard Rules on Equalization of Opportunities for Persons with Disabilities translated the organization’s commitment into an international policy framework, which has been further strengthened by the Convention on the Rights of Persons with Disabilities, an international legal instrument, to empower persons with disabilities to better their lives and that of their communities around the world.

During its 2009 session, the Virginia General Assembly expressed its intent to eliminate the waiting lists for the Medicaid Intellectual Disabilities (formerly “Mental Retardation”) Waiver and the Individual and Family Developmental Disabilities Supports Waiver.

In doing so, it required the Department of Medical Assistance Services (DMAS) to collaborate with the Department of Planning and Budget to increase the number of funded waiver slots at a minimum of 67 slots for the Individual and Family Developmental Disabilities Supports waiver and 400 slots for the Intellectual Disabilities waiver per year, until the waiting lists are eliminated and directed the Governor to develop a plan to eliminate the waiting lists for these waivers by the 2018-2020 Biennium.

The full report can be accessed here.

The Circle of Support Conference is a conference for families of children with special needs and the professionals who work with them. The conference is sponsored by the ARC of Prince William County.

The conference is taking place on Saturday, November 7, 2009 from 8:30 AM until 3:30 PM.

The conference is taking place at: Hylton High School, 14051 Spriggs Road, Woodbridge, VA 22193.

For info about this conference please see this website: http://arcgpw.org/

Ms. Abrams will be speaking on The In’s and Out’s of Qualifying for Social Security Disability & SSI Benefits –

In this workshop, Sheri Abrams will discuss what social security disability and SSI benefits are, who qualifies for them (with emphasis on families of children with special needs), how the application and appeal process work, what to do if denied benefits, and when to hire an attorney and the costs involved. Sheri R. Abrams is an attorney specializing in Social Security Disability law and the preparation of wills, special needs trusts, living wills, financial powers of attorney, and health care powers of attorney. She is a sole practitioner in Fairfax, VA.

From the White House (10/5/09):

FOR IMMEDIATE RELEASE

Washington, D.C. – President Obama today announced that his Administration is taking several steps to ensure that there is fair and equal access to employment for all Americans, particularly the 54 million people in this country living with disabilities. The announcement comes during National Disability Employment Awareness Month.

“My Administration is committed to ensuring that all Americans have the chance to fulfill their potential and contribute to our nation,” said President Obama. “Across this country, millions of people with disabilities are working or want to work, and they should have access to the support and services they need to succeed. As the nation’s largest employer, the Federal Government and its contractors can lead the way by implementing effective employment policies and practices that increase opportunities and help workers achieve their full potential. We must also rededicate ourselves to fostering an inclusive work culture that welcomes the skills and talents of all qualified employees. That’s why I’ve asked the responsible agencies to develop new plans and policies to help increase employment across America for people with disabilities.”

The following are some of the steps the Obama Administration will take:

•The Office of Personnel Management (OPM) and Department of Labor’s Office of Disability Employment Policy (ODEP) will collaborate to sponsor and organize a day long Federal Government-wide job fair for people with disabilities. The Fair will take place in early spring 2010. In addition to the Job Fair, OPM, ODEP, the Equal Employment Opportunity Commission (EEOC) and the Department of Defense’s office on Computer and Electronic Accommodations Program (CAP) will provide workshops throughout the day on a variety of topics including the Schedule A hiring waiver and the right to the provision of reasonable accommodations including information on assistive and communications technology.

•OPM will develop training on Schedule A for federal Human Resources specialists, hiring managers and selective placement coordinators that will be easily accessible and includes on line training.

•EEOC and the Department of Justice’s Civil Rights Division will hold four Town Hall meetings throughout the nation to share information about the ADA Amendments Act proposed regulations and to gather comments on them. All Town Hall meetings will consist of two sessions – one for disability advocates and one for the employer community. These sessions will be completed by November 20th. The four locations are Philadelphia, Chicago, San Francisco, and New Orleans.

•The Department of Justice will release a video that will identify and respond to a number of common myths held by employers about workers with disabilities.

•OPM will create and lead a task force comprised of representatives from key Federal Departments and Agencies that have developed and implemented model practices for recruiting, retaining and advancing employees with disabilities. The task force will report on the innovative practices agencies use to encourage the employment of individuals with disabilities. The report will identify and promote successful practices for conducting outreach, recruiting, hiring qualified candidates, successful accommodations, and providing opportunities for career advancement at all levels.

Special Topic Seminar:

ENHANCING THE QUALITY OF LIFE WITH LUPUS DEALING WITH DISABILITIES AND OTHER ISSUES

Topics Include:

Independent Living

Employment

Communicating with Others

Financial Resources
SPEAKERS:

Patricia Jackson
LFAGW Support Group Leader
Sheri Abrams, P.C.
Fairfax Virginia Attorney specializing in Social Security Disability Law
Steven Nissen, M.S., CRC
National Multiple Sclerosis Society- National Capital Chapter
Director of Employment Programs
Director of Operation Job Match (OJM)

WHEN: Saturday, September 12, 2009

TIME: 9:30AM-12:00PM

WHERE: Carnegie Endowment for International Peace
1779 Massachusetts Avenue, NW
Washington, DC 20036

REGISTER: Go to this site to register

Visit Lupus.org to register!

This Special Topic Seminar is offered as a free service of the LFAGW. All costs of services for patients and families are underwritten by the fundraising efforts of the LFAGW, including the Walk for Lupus Now held in April of each year.

Speaker Bios:
Patricia Jackson:
Pat Jackson is an LFAGW Support Group Leader with over thirty years of experience developing, managing, marketing, and evaluating diverse workforce employment and training programs for persons with disabilities. She was with St. John’s Community Services, advancing community support and opportunities for people living with disabilities. She was a Program Manager for Lockheed Martin Corporation, responsible for managing national information technology programs and recruiting a diverse workforce. She has directed national programs for the U.S. Department of Labor, U.S. Department of Homeland Security, the Social Security Administration and the National Council on Disability. In 2005, Ms. Jackson was commissioned by the National Council on Disability to direct a comprehensive assessment and produce a rigorous, relevant impact study of the American’s with Disabilities Act on the lives of people with disabilities. Ms. Jackson served as the Executive Director of Mainstream Inc., a national nonprofit organization that developed programs and services for youth and adults with disabilities. She has comprehensive direct services, placement, technical assistance and consultation experience with employers, and extensive knowledge of practical solutions to increase employment outcomes for people with disabilities.

Steven W. Nissen, M.S., CRC:
Steven W. Nissen is Director of Employment Programs at the National Capital Chapter of the National MS Society in Washington, DC and Director of Operation Job Match (OJM), the employment assistance and support program of the chapter. He is also an Employment Consultant to the national office’s Client Programs and Services Department. Before coming to the National MS Society, he worked extensively in the vocational rehabilitation field including as a Rehabilitation Counselor for the Virginia Department of Rehabilitative Services, the state vocational rehabilitation agency. In addition to his experience in the public sector, Steve worked for a private vocational rehabilitation and case management company where he provided job development and placement assistance to individuals with physical disabilities. Steve has a B.S. degree in psychology, an M.S. degree in rehabilitation counseling, and is a Certified Rehabilitation Counselor (CRC). He recently co-authored Employment Issues and Multiple Sclerosis, 2nd edition (P. D. Rumrill, Jr., M.L. Hennessey, and S.W. Nissen, 2008, available from Demos Medical Publishing [www.demosmedpub.com]).

Sheri Abrams, Attorney at Law:
Sheri R. Abrams is a Fairfax Virginia attorney specializing in Social Security Disability Law. She founded her own law firm in 1995. Since that time she has concentrated her law practice to the areas of Social Security Disability Law, Wills, Living Wills, Powers of Attorney and Special Needs Trusts. Ms. Abrams regularly handles cases in Virginia, Maryland, and the District of Columbia. She received a B.S. B.A. degree from Boston University, School of Management, and received a law degree from George Washington University School of Law. Ms. Abrams has been invited to speak to numerous groups, including the Virginia Trial Lawyers Association, the Multiple Sclerosis (MS) Society, and the Virginia Department of Rehabilitation Services. Ms. Abrams was selected for the 2009 Best of Fairfax Award in the Local Business category.

President Barack Obama signed the Convention on the Rights of Persons with Disabilities on the 19th anniversary of the Americans with Disabilities Act.

By signing the convention, the United States joins more than 100 countries in supporting the United Nations effort to remove barriers for the estimated 650 million people around the world with disabilities.

Specifically, the treaty seeks to expand community access and employment opportunities while improving the standard of living for people with disabilities.

The convention became available for countries to sign onto in 2007. Obama indicated his support for it while campaigning for president.

“This treaty is good for America, good for people with disabilities and good for the world,” says Marca Bristo, president of The United States International Council on Disabilities.  “By signing this treaty the U.S. is reaffirming its commitment to basic human rights of all people with disabilities and positioning us to better contribute our expertise on the global level.”

On June 22, 2009 the U.S. Department of Housing and Urban Development joined President Obama’s commemoration of the tenth anniversary of the Supreme Court’s Olmstead decision by announcing that it will offer rental assistance to 4,000 non-elderly families with disabilities, including 1,000 vouchers specifically targeted to those transitioning out of nursing homes and other care facilities.

Through its funding notice, HUD is seeking comment from public housing authorities and others to ensure this critically needed assistance is distributed and administered in the most effective manner possible.

The announcement coincides with the tenth anniversary of the Supreme Court’s ruling in Olmstead v. L.C. & E.W. which affirmed the rights of individuals with disabilities to live independently. To commemorate this landmark decision, President Obama declared 2009 the Year of Community Living.

“As individuals with disabilities leave institutional care, it is essential that they have housing options that will allow them to live independently,” said HUD Secretary Shaun Donovan. “As we prepare to launch this initiative, we also want to make certain that we get input from local housing experts, disability rights advocates and others who can help us target this assistance to those who need it most. We also recognize how important it is for HUD and HHS to coordinate our resources to enable community-living for those individuals that live with disabilities.”

HUD’s Notice of Funding Availability (NOFA) will make $30 million in voucher assistance available to support approximately 4,000 Housing Choice Vouchers for non-elderly disabled families. HUD is making a 1,000 of those vouchers available specifically for individuals transitioning out of nursing homes and other institutions. These vouchers directly support a $1.75 billion initiative of the U.S. Department of Health and Human Services (HHS) to help persons who reside in health care settings move to community-based living. While HHS’ Money Follows the Person (MFP) program offers health care, case management and other services to qualified families, it does not include funding for housing. HUD’s funding initiative is designed to fill that gap.

The remaining 3,000 Housing Choice Vouchers are available to assist any non-elderly disabled family. The Department is encouraging local housing authorities to give strong consideration to using some or all of these vouchers to provide housing for those non-elderly persons that are living in the community, but are at-risk for institutionalization.

Disabilities take many forms, and not all of them affect a person with special needs’ ability to make decisions. In fact, although many, if not most, people with either mental illness or some form of cognitive disability may require significant care, they can still carry out most day-to-day activities. In most cases, people with disabilities have the capacity to create their own estate planning documents, and in some cases it is crucial that they do so.

One scenario that often arises has to do with “HIPAA” regulations. HIPAA, which stands for Health Insurance Portability and Accountability Act of 1996, is the primary federal regulation governing a patient’s private medical information. HIPAA gives a patient the right to manage his/her medical information and regulates who can access that information. Because medical providers must follow HIPAA regulations, it is difficult for caregivers who legitimately need to access another person’s medical records, often in an emergency, to do so without a health care power of attorney that authorizes the information’s release. Under HIPAA, doctors in these situations can disclose medical information to patients’ families, but they are not required to do so without a release from the patient.

Parents of children with special needs often bump into these restrictions for the first time when their child reaches 18 and obtains his/her own right to privacy under HIPAA. If the child is not under guardianship, either because he/she does not require it or because no one has obtained it, it may be hard for a parent to obtain information from a doctor or hospital without some form of HIPAA release from their child. In these cases, it is important for the child to execute a valid health care power of attorney and living will, if they are able to do so. The health care power of attorney and living will not only allows access to medical records, but will also provide that the child’s wishes are carried out if he/she ever requires serious medical care.

Another case for estate planning involves adults with an episodic illness. These adults may be perfectly functional and rational 99 percent of the time, yet they are completely disabled when their illness does strike. Having a functional health care power of attorney and Financial Power of Attorney allows an agent to help a person with an illness manage his/her affairs when necessary, without having to obtain an emergency guardianship when that person falls ill.

Finally, there are people with cognitive disabilities who require assistance only with certain tasks but who are perfectly capable of making estate planning decisions, including the choice of who receives their property.

Attorney Sheri Abrams can help you or your family member create these important documents, and can also recommend additional ways to carry out other important estate planning goals.

Across the United States, people with disabilities with the lowest incomes faced an extreme housing affordability crisis as rents for moderately priced studio and one-bedroom apartments soared above their entire monthly income. The national average rent for a one-bedroom unit climbed to $749 per month in 2008 – higher than $667, the average monthly income of over 4 million people with disabilities.
These shocking statistics are some of the important findings included in Priced Out in 2008 – a study of the severe housing affordability problems of people with disabilities who must survive on incomes far below the federal poverty line.  The study compares the federal Supplemental Security Income (SSI) payments of people with serious and long-term disabilities to U.S. Department of Housing and Urban Development (HUD) Fair Market Rents for modestly priced rental units.  Priced Out is published every two years by the Technical Assistance Collaborative (TAC) and the Consortium for Citizens with Disabilities (CCD) Housing Task Force to shine a spotlight on our nation’s most compelling – and least understood – housing affordability crisis.
In 2008, 219 housing market areas across 41 states had modest one-bedroom rents that exceeded 100 percent of monthly SSI, including 25 communities with rents over 150 percent. Between 2006-2008, the number of market areas with modest rents higher than SSI rose from 164 to 219 – a 34 percent increase.
Perhaps the most shocking revelation in Priced Out in 2008 is that since 1998 when the first edition of Priced Out was developed, the amount of monthly SSI income needed to rent a modest one-bedroom unit has risen an astonishing 62 percent from 69 percent of SSI in 1998 to 112.1 percent of SSI in 2008.

As stated by Congressman Barney Frank in the Foreword to Priced Out, “The lack of adequate housing is a serious obstacle to a decent life for anyone. It can be particularly troublesome for people dealing with disabilities, for whom the physical and emotional stress of a lack of decent shelter are added burdens for people already doing their best to deal with difficulty.”
While some progress has been made by Federal officials responding to creating additional affordable housing resources, a bolder action is essential to inaugurate a new era in housing policy that places the housing needs of people with disabilities within the mainstream of national housing policy.

TAC and the CCD Housing Task Force urge the federal government to take the following actions:

Enact Section 811 legislation that will create at least 5,000 new units of permanent supportive housing each year.

Provide 10,000 new Housing Choice Vouchers for People with Disabilities in HUD’s annual budget.

Support the Administration’s proposal to appropriate at least $1 billion in funding for the National Affordable Housing Trust Fund.

Remove Barriers to Permanent Supportive Housing in the LIHTC Program.

Facilitate a Coordinated Disability Housing Policy Across the Federal Government.

Reinvigorate Fair Housing Enforcement.
By implementing these recommendations, the federal government will send a powerful message of inclusion to state and local communities, along with the housing resources necessary to finally begin to achieve the vision of community integration for people with disabilities first articulated almost 20 years ago through the ADA.
A copy of Priced Out in 2008 can be found online at http://www.tacinc.org/pubs/pricedout/2008.html. For more information about Priced Out, please contact Emily Cooper at ecooper@tacinc.org or (617) 266-5657 x123.

Michael J. Astrue, the Commissioner of Social Security, says benefits for tens of thousands of people with disabilities are being delayed by furloughs and layoffs of state employees around the country.  State officials have announced furloughs, layoffs and hiring freezes to help balance budgets battered by the recession.

Claims are evaluated by state employees, but the federal government reimburses states for the salaries of those employees and pays the full cost of benefits for people found to be disabled.

“We pay the full freight,” Mr. Astrue said. “States do not save any money when they furlough or lay off these employees. They only delay payments to disabled citizens who rely on the monthly benefits.”

The cutbacks come as disability claims are rising because of high unemployment, the weak economy and the aging of the baby boom generation.

The Social Security Administration expects nearly 3 million new disability claims this year, up from 2.6 million in 2008. Each month the agency pays $12 billion in disability benefits to more than 13 million people.

The Social Security system is so clogged with disputed disability claims that some people wait years for hearings.  The stimulus bill signed by President Obama in February provided $500 million to “reduce the backlog of disability claims.”

But the impact of such spending could be offset by state cutbacks.  In a report last month, Patrick P. O’Carroll Jr., the inspector general of the Social Security Administration, said that at least five states accounting for 15 percent of all disability cases – California, Connecticut, Maryland, Massachusetts and Oregon – had decided to furlough some disability workers, freeze hiring or impose other restrictions. Social Security officials said about 10 other states were taking or considering similar actions.

The agency said it was looking for ways to avoid the delays. The federal government could, for example, take over work performed by the states, but such a change could probably not be made without action by Congress.

A bill that would create tax-deferred savings accounts for people with disabilities has been introduced in the House and Senate.  If passed, the new legislation would allow family members, friends, or a person with disabilities to place up to $500,000 of funds into an “ABLE” (Achieving a Better Life Experience) account that functions much like an IRA or 529 College Savings Account, with the income generated by the account accumulating without taxation.
Under the proposed legislation, the accounts will be initially available only to individuals who qualify for Supplemental Security Income (SSI) benefits. The accounts would be titled in the name of the SSI beneficiary, but funds up to $500,000 placed in such accounts will not qualify as available resources and will not prevent a beneficiary from continuing to receive benefits. Furthermore, distributions from the accounts, so long as they are made for the benefit of the person with disabilities, will not count as a part of their income for purposes of SSI.

According to a press release from Sen. Bob Casey’s (D-PA) office, anyone will be able to transfer money into an ABLE account and rollovers from other accounts will be possible. Like an IRA, the funds in an ABLE account will accumulate tax-free interest during the beneficiary’s lifetime. Finally, should someone become disabled later in life, he would be allowed to roll over a previously existing IRA or 529 account into an ABLE account in order to qualify for benefits.

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Butler New Media, LLC
+1 229-246-7669
Cornelius@butlernewmedia.com

The Law Firm of Sheri R. Abrams, P.C. Launches Accessible Site Creates a More Welcoming and Open Experience for People with Disabilities

Bainbridge, Georgia February19, 2009 Butler New Media, a Disability services firm announces the official re-launch of the website for the Fairfax Virginia law firm of SheriR. Abrams, P.C.

Located online at (http://www.sheriabrams.com/) the site recently underwent a comprehensive web accessibility evaluation with real users with disabilities. Through extensive testing and remediation the site now has a variety of accessibility features that are beneficial to people with disabilities who use assistive technology. “As an Attorney who practices Disability Law I felt it was important that my website be fully accessible to those in the disability community” said Sheri R. Abrams.

The site has been redesigned to be among the first to comply with World Wide Web Consortium Web Accessibility Initiative Guidelines 2.0. This site is one of the first to be completed through ACCESSIBLENET, a bold and ambitious new project aimed at creating at least 100,000 new accessible websites over the next ten years.

The project is the vision of Butler New Media co-founded by a person with a disability, Cornelius Butler. He is an alumnus of Georgia’s High School/High Tech Program and the first person in the nation to start a business after graduating from the program. He wanted to provide an easier way for people with disabilities to access online resources. He realized as a legally blind individual that people with disabilities have unique needs, wants, and desires that are currently not being addressed by website owners. “I wanted to make it easier for website owners to ensure their sites are usable by all people, regardless of ability. I believe that this project will break new ground in building awareness about the disability community and market” said Butler

With an estimated $10 trillion of collective spending power, the disability community is a market that simply cannot be ignored by website owners.

About Butler New Media: Butler New Media is a full service disability consulting firm with locations in both Conyers and Bainbridge, Georgia U.S.A. The firm specializes in helping corporations and government agencies communicate with the disability community. Butler New Media has grown to include local, national, and international clients. Some of these clients include: Microsoft, Humana, U.S. Department of Labor, The Georgia Committee on Employment of People with Disabilities, and IBM. The company is located online at:http://www.butlernewmedia.com.

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