VOPA has requested feedback regarding DRS’ Order of Selection through the following message:

Have you heard that the Virginia Department of Rehabilitative Services is “closed for business”? This is not true! If you are considering asking for vocational assistance, you should apply as soon as possible.   DRS is currently operating under an “Order of Selection,” with all of its selection categories closed.   This means when someone is found eligible for services, they will be placed on a waiting list to receive services.   But that does NOT mean you should not apply.

The Virginia Office for Protection and Advocacy (VOPA) encourages anyone who might be thinking of vocational rehabilitative service to apply now, if only to get yourself on the waiting list, which DRS claims will open again sometime this fall.  VOPA is currently working with a client during this application phase.  DRS has already provided him with an extensive psychological evaluation which identified needed accommodations.  The evaluation also identified areas of functional limitations that he was unaware he had.  The next step is that the individual will under go a Situational Assessment and a vocational evaluation. All of these services are key to his future employment success.  None of this could be happening if DRS was really “closed for business.”

There are many benefits a person can receive during the application process.  You can receive needed evaluations, including psychological and other medical evaluations, vocational evaluations, and assistive technology evaluations.  These evaluations help determine the level of services or accommodations you might need when looking for work, and can be very useful to you as you consider your options.

During the application phase, you may also receive a Trial Work Experience or Situational Assessment if needed to determine eligibility for services.  This allows you to go into a place of employment on an experimental basis, to see if this really is the type of work you want to do.  Many times, you can have a Job Coach during this trial situation, and the trial situation can also help you identify any needed accommodations for future employment.

For more information about VOPA and to give them your feedback on working with DRS, and in other areas, please go to  www.vopa.virginia.gov and take their annual public input survey.

There are many services offered for people with disabilities in Fairfax County Virginia.

To learn about these services please visit:  www.fairfaxcounty.gov/dfs/dspd/

Effective January 1, 2011 a new law was imposed by the Commonwealth of Virginia allowing a 100% real estate tax exemption for qualifying disabled armed forces veterans and their spouses.

Pursuant to Article X, Section 6-A of the Constitution of Virginia, the General Assembly exempted from taxation the real property, including the joint real property of husband and wife, of any Veteran who has been approved by the U.S. Department of Veterans Affairs to have a 100% service-connected, permanent and total disability, and who occupies the real property as his/her primary place of residence.

The surviving spouse of a Veteran eligible for the exemption shall also qualify for the exemption, so long as the death of the Veteran occurred on or after January 1, 2011, the surviving spouse does not remarry and the surviving spouse continues to occupy the real property as his/her primary place of residence.

In order to receive this benefit the veteran is required to have a letter of disability from the U.S. Department of Veterans Affairs (1-800-827-1000). The letter will have specific wording that is required by the Commonwealth of Virginia for this exemption. The letter will NOT be automatically provided to the veteran, he or she must request this letter. Virginia Form 21-4138 may be filled out and signed in the Commissioner of Revenue’s office and faxed to the Veterans Affairs office to request the letter on your behalf.

The regional U. S. Dept. of Veterans Affairs office is located at 210 Franklin Road SW, Roanoke, Va. 24011.

When applying with the Commissioner of the Revenue for this exemption the veteran must bring:
1. An original letter of disability issued by the U. S. Department of Veterans Affairs
2. Photo Identification
3. Proof of residence of occupancy – Voter Registration Card

Surviving spouse should bring:
1. Approved and original letter of disability issued by the U. S. Dept. of Veterans Affairs (in the event the veteran was not previously exempted from local real estate taxes)
2. Death certificate to confirm the date is subsequent to December 31, 2010
3. A certificate of marriage from the appropriate State office of records
4. Proof of residence occupancy – Voter Registration Card

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.

According to United Cerebral Palsy’s 2011 report “The Case for Inclusion,” Vermont offers the best Medicaid services to the developmentally disabled, while Mississippi provides the worst services.

In my local area, Virginia ranks 38th, Maryland 31st, and the District of Columbia 47th.

Here is the complete list:

1. Vermont
2. Arizona
3. Michigan
4. New Hampshire
5. California
6. Washington
7. Delaware
8. Nevada
9. Massachusetts
10. Connecticut
11. New Mexico
12. Colorado
13. Hawaii
14. Minnesota
15. Pennsylvania
16. South Carolina
17. New York
18. Idaho
19. West Virginia
20. Wisconsin
21. Wyoming
22. Georgia
23. South Dakota
24. Montana
25. Kansas
26. Oregon
27. Florida
28. Missouri
29. Maine
30. Alaska
31. Maryland
32. Alabama
33. Kentucky
34. Rhode Island
35. Iowa
36. North Dakota
37. Louisiana
38. Virginia
39. Ohio
40. New Jersey
41. Tennessee
42. Indiana
43. North Carolina
44. Utah
45. Oklahoma
46. Nebraska
47. District of Columbia
48. Illinois
49. Texas
50. Arkansas
51. Mississippi

To see the entire report, please click here.

Attorney Sheri Abrams is honored to have received accreditation by the Department of Veterans Affairs (“VA”) to prepare, present and prosecute claims for veterans before the VA.

Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA. VA’s stated purpose in requiring attorney accreditation is to ensure that claimants for VA benefits receive “qualified assistance in preparing and presenting their claims.”

To receive accreditation, federal law requires an attorney to complete continuing legal education covering, at a minimum, the following topics: VA representation, disability compensation, dependency and indemnity compensation and pension benefits, claim procedures, eligibility requirements, and appeal rights. An attorney must also establish that he or she is of good character and reputation.

The privilege of accreditation carries with it the responsibility to maintain specified standards of conduct and comply with the laws that govern VA representations, as set forth in the United States Code and the Code of Federal Regulations.

According to federal law, attorneys who do not receive VA accreditation are prohibited from assisting claimants in the preparation, presentation and prosecution of VA claims, regardless of whether or not the attorney charges legal fees for those services. Unaccredited attorneys may only provide limited services to veterans, such as providing general information about VA benefits, and may not assist veterans in the preparation, presentation, and prosecution of their claims.

The VA accreditation system is designed to ensure that lawyers who represent VA claimants have a thorough understanding of the VA health and benefit systems, so that they may provide quality assistance in the preparation, presentation and prosecution of those claims.

This accreditation allows Ms. Abrams to provide veterans and their families with advice on complex areas of law concerning long-term care planning, including VA pension benefits and the related issue of Medicaid benefits.

Ms. Abrams is proud to join fellow Needham Mitnick & Pollack Attorney Edward Zetlin in being one of the few attorneys in Virginia accredited by the Department of Veteran Affairs to assist veterans who have served our country obtain the benefits they deserve.

Virginia Attorney Sheri R. Abrams along with Attorney Benjamin W. Glass has published a new guide for anyone filing for Social Security Disability benefits. This comprehensive legal book explains the process of filing for Social Security Disability benefits in easy-to-understand language, describes how an experienced attorney can guide a claimant through the maze of administrative work involved, and answers frequently-asked questions about the process.

The clear organization and down-to-earth approach makes this book a valuable reference tool for a layperson who seeks to understand how and when to apply for Social Security Disability benefits-and when to hire an attorney to help.

Sheri Abrams practices Social Security Disability law in Virginia, Maryland, and the District of Columbia. Sheri is “of counsel” to the law firm of Needham Mitnick & Pollack. Virginia attorney Benjamin Glass has authored six previous legal books.

This book is available for purchase at Amazon.com and through Word Association Publishers.

You can also download a free copy at www.sheriabrams.com.

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.