Virginia Disability Law Blog » Disability Rights

2010 Census: What Does it Mean for People with Disabilities?

Sheri Abrams — Fri, 05 Feb 2010 03:26:11 +0000

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.

December 3, 2009 is the International Day of Persons with Disabilities

Sheri Abrams — Sun, 22 Nov 2009 03:57:02 +0000

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.

President Obama Signs Hate Crimes Law Protecting People with Disabilities

Sheri Abrams — Sat, 31 Oct 2009 00:35:44 +0000

President Barack Obama just signed hate crime legislation that extends federal hate crimes to include those committed against people because of gender, sexual orientation, gender identity or disability. It also loosens limits on when federal law enforcement can intervene and prosecute crimes.

Obama said in East Room reception, surrounded by supporters, “No one in America should be forced to look over their shoulder because of who they are, or because they live with a disability.”

For more on this new law, please click here.

President Obama Signs Disability Rights Treaty

Sheri Abrams — Mon, 10 Aug 2009 02:13:43 +0000

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.”

Social Security Administration Violates Rights of the Visually Impaired, Lawsuit Charges

Sheri Abrams — Wed, 28 Jan 2009 02:13:18 +0000

If you or a loved one has a visual impairment and receives some form of Social Security benefit (which includes SSDI and SSI), or if you have a visual impairment and serve as a representative payee for someone who receives a Social Security benefit, a pending class action lawsuit filed in San Francisco may affect you.

The lawsuit, authorized by the federal court in September, alleges that the Social Security Administration (SSA) violates the rights of people with visual impairments by sending official communications in formats that they cannot read. Over the years, many people with visual impairments have complained that they miss out on important information about their benefits because they are unable to read the typical Social Security notices.

The lawsuit claims that a federal law, called the Rehabilitation Act, requires the SSA to provide notices in alternate formats to people with visual impairments. Several proposals are included in the lawsuit, including sending notices in Braille, by e-mail, or on audio tape. The case is scheduled to go to trial in the spring.

If you are interested in learning more about the case, and how it may affect you or your patients/clients please contact our office.