On July 26, 1990, the Americans with Disabilities Act was signed into law. That landmark civil rights legislation reaffirmed the idea that all our citizens, regardless of disability, are entitled to the same privileges, pursuits, and opportunities as everyone else. 

Since its enactment, the ADA has opened many doors and sought to level the playing field for employment of Americans with disabilities. Still, however, the unemployment rate for persons with disabilities remains high.

Today, following on other steps already taken, the Obama Administration announced new efforts that will continue to support increased employment opportunities for persons with disabilities and will also help make the government more open and accessible to all citizens. Specifically, the administration is working to release a draft comprehensive strategic plan to improve compliance with Section 508 of the Rehabilitation Act.

Section 508 requires that federal agencies’ electronic and information technology be accessible to people with disabilities, both inside and outside the government.   Even 12 years after this law was enacted, many technological barriers still exist, limiting the ability of persons with disabilities when they try to interact with the federal government, whether as an employee or as a citizen seeking information or services.

Making electronic and information technology, such as websites, 508 compliant will ensure that applicants have equal access to apply for job opportunities. 508 compliance also will promote increased retention, as federal employees will be able to successfully utilize the technology – whether it be computers, telephones, fax machines, websites and many other technological tools – necessary to perform their duties. Moreover, it will make the government more open and accessible as people with disabilities will be able to better access all the information the federal government has placed online.

The U.S. Department of Labor has announced the availability of approximately $20 million to fund programs that will improve education, training and employment opportunities for adults and youth with disabilities.

The Disability Employment Initiative is a joint project of the Labor Department’s Employment and Training Administration and its Office of Disability Employment Policy. Programs to be funded will serve individuals who are unemployed, underemployed and/or receiving Social Security disability benefits. The goals of the project are to improve coordination and collaboration across multiple service delivery systems, build effective partnerships that leverage public and private resources to better serve people with disabilities and, ultimately, improve employment outcomes of people with disabilities.

“Workers with disabilities suffer from one of the lowest employment rates of any group in the American population, even in times of prosperity,” said Secretary of Labor Hilda L. Solis. “It is vital that state and local agencies work together with private sector partners to improve these statistics. Through this second round of funding, we are expanding the Disability Employment Initiative to include programs in additional states.”

Grantees under the Disability Employment Initiative are state workforce agencies. Nine – in Alaska, Arkansas, Delaware, Illinois, Kansas, Maine, New Jersey, New York and Virginia – received grants through a first round of funding awarded in September 2010 for a period of three years. This solicitation for applications represents a second round of funding; agencies in the remaining 41 states are eligible to apply. Recipient state workforce agencies will collaborate with workforce investment boards and local agencies. Awards will range from $1.5 to $6 million each to be spent over a three-year period. Cooperative agreements will be used to expand service delivery through the public workforce system to job seekers with disabilities. The programs will build upon the Labor Department’s Disability Program Navigator initiative and other model service delivery strategies.

Training and employment services supported by these grants are intended to help reduce the unacceptably low employment rates experienced by people with disabilities. The complete solicitation for applications is available at http://www.doleta.gov/grants.

Michael J. Astrue, Commissioner of Social Security, just announced that the agency’s first Extended Service Team (EST) is open for business in Little Rock, Arkansas. The Little Rock EST will make disability decisions for state Disability Determinations Services (DDSs) that are most adversely affected by the flood of new initial disability claims resulting from the economic downturn and from counterproductive furloughs of employees at the state level.

Later this year, Social Security will open additional ESTs in Madison, Mississippi; Roanoke, Virginia; and Oklahoma City, Oklahoma. The ESTs are in states that have a history of high quality and productivity, as well as the capacity to hire and train significant numbers of additional employees.

“The strategy behind ESTs builds on our success with National Hearing Centers, where cases are handled electronically from all over the country,” Commissioner Astrue said. “These centralized units have reduced the hearings backlog and improved processing times at some of the hardest-hit hearing offices. This approach clearly works and extending it in this way can help us meet the challenge of unprecedented growth in our disability workloads.”

Social Security expects to receive more than 3.3 million applications for disability benefits this fiscal year about 700,000 more than in Fiscal year 2008. In addition, more than a dozen states are furloughing federally-funded state workers who make disability decisions for Social Security. The combination of increased workloads and state furloughs has resulted in a growing backlog of initial disability applications in state DDSs.

“More Americans than ever are turning to us for help,” said Commissioner Astrue. “The opening of the Arkansas EST and our other planned expansions in Mississippi, Virginia, and Oklahoma will significantly benefit disabled workers and their families as well as create new job opportunities to these states during difficult economic times.”

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).

The Red Book serves as a general reference source about the employment-related provisions of the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. While the Red Book is primarily for educators, advocates, rehabilitation professionals and counselors who serve people with disabilities, it can also serve as a self-help guide for Social Security applicants and beneficiaries. The 2010 Red Book is available in English and Spanish at http://www.socialsecurity.gov/redbook/

For more information about going back to work while receiving Social Security disability benefits please contact Attorney Sheri Abrams at www.sheriabrams.com for an Appointment.

President Obama just announced his intent to nominate Disability Expert Chai R. Feldblum for Commissioner of the Equal Employment Opportunity Commission (EEOC). The EEOC has five commissioners.

Chai Feldblum, a law professor at Georgetown University Law Center, previously served as legislative counsel to the AIDS Project of the American Civil Liberties Union, where she played a role in the drafting of the Americans with Disabilities Act of 1990.

Her degrees are from Harvard Law School and Barnard College, and she went on to clerk for Judge Frank Coffin on the First Circuit Court of Appeals and Supreme Court Justice Harry A. Blackmun.

I have the pleasure of knowing Chai Feldblum and feel that President Obama could not have made a better selection.

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.

Sheri Abrams (an attorney specializing in disability law) will be on hand at Fairfax Hospital’s Physician Center on October 4th to discuss employment and disability law as it relates to Tourette Syndrome and associated disorders.

Additional speakers may participate as well.

Time to be Announced.

Address of Fairfax Hospital
3300 Gallows Rd
Falls Church, VA 22042

For more information on this presentation please click here.

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.