|
On Target
Informing Indiana About Disability Issues
December/January 2005-2006
Volume 18 Number 12/13
What will Samuel Alito mean for disability rights?
President Bush recently announced Samuel Alito as his nominee to take the place of Sandra Day O'Connor on the Supreme Court. Alito is Bush's third nominee for the seat because the first nominee, John Roberts, filled the vacancy left by William Rehnquist's death, and his second nominee, Harriet Miers, withdrew her nomination.
According to The Arc of the United States, Alito, who is currently a Third Circuit federal judge, has a mixed-to-positive record in disability-related cases. In several cases, he has upheld the broad definition of disability stated in the Americans with Disabilities Act (ADA).
In Fiscus v. Wal-Mart Stores, Alito was part of a unanimous decision that ruled in favor of an employee with kidney failure, stating that cleansing blood and eliminating bodily waste are major life activities. This decision supported the more expansive definition of disability.
In Mondzelewski v. Pathmark Stores, Inc., Alito wrote the unanimous decision that whether or not an employee has a disability should be examined separately from any accommodations made for him or her. This decision also supports the broader definition of disability.
However, Alito has also upheld a more narrow definition in other cases. In Kelly v. Drexel University, Alito joined a unanimous decision that stated a person cannot be considered as having a disability under the ADA if it does not substantially limit a relevant major life activity.
Also, in Katekovich v. Team Rent-a-Car, Alito upheld a summary judgment in favor of the employer. After informing her supervisors of her sleep disorder and depression, as well as her intent to take a leave of absence, Katekovich entered a hospital. Three weeks later and one week after her release from the hospital, she was fired from her job. The judgment by the Third Circuit stated that the employee did not have substantial limitations, although she had documented records of disability.
The American Association of People with Disabilities (AAPD) acknowledges Alito's good work on the above cases, but is concerned about his rulings in the area of states' rights. "We will pay close attention to his answers to specific questions at his confirmation hearings concerning his views of Congress' power to protect individuals with disabilities under the Constitution," said Andrew Imparato, AAPD's president and CEO.
Alito's confirmation hearings are set to begin Jan. 9, with the Senate taking a full vote on Jan. 20. Tune in to news outlets for updates on the confirmation process.
Supreme Court decides parents carry burden of proof
On Nov. 14, 2005, the U.S. Supreme Court issued its ruling on Schaffer v. Weast. In a 6-2 decision, the court sided in favor of the school district. Now, parents who disagree with a school system's special education plan and take that school to court have the legal burden of proving that the plan is inappropriate.
Disability advocates are worried about the effect this may have on special-education programs. According to many advocates, schools have little incentive to address parent complaints, now that they don't have to prove what they're doing is right.
For more information on this case, visit http://www.wrightslaw.com/news/05/schaffer.weast.htm.
Additional information about new prescription drug coverage available
With the enrollment period for Medicare's new prescription drug benefit underway, eligible individuals need access to information to help them select a Medicare-approved prescription drug plan that is right for them.
Those dually eligible for Medicare and Medicaid who have not yet enrolled in a plan have automatically been signed up by the Centers for Medicare and Medicaid Services for the plan they were notified about last fall.
To guarantee that this automatic option provides the best coverage, individuals shouldcompare a list of their current prescription medications with the list of drugs covered by the pre-selected plan. Dual-eligible individuals can change plans at any time if another plan provides a better benefit, although they should choose a new plan before dropping out of the old one. Those who switch out of one plan and wait to enroll in another for any length of time will not have coverage from either Medicaid or Medicare. Coverage under the new plan begins on the first day of the month following enrollment.
When comparing plans, individuals should note that certain medications are excluded from the Medicare-approved plans. However, the drugs listed here will still be covered by Indiana Medicaid. All other excluded drugs will not be covered by either Medicare or Medicaid.
Medications covered by Indiana Medicaid in 2006 are:
- Benzodiazepines - Prescriptions for anxiety relief or muscle relaxation such as Xanax, Ativan, Klonopin and Valium.
- Barbiturates - Prescriptions commonly taken before surgery to relieve anxiety and tension such as Seconal and Phenobarbital.
- Over-the-counter (OTC) - Drugs covered under the Indiana Medicaid OTC Formulary such as aspirin, vitamins and antacids.
Assistance with choosing a new prescription drug plan is available by calling Indiana's Senior Health Insurance Information Program (SHIIP) at 1-800-452-4800. SHIIP counselors are trained to use the online plan comparison tool available at www.medicare.gov.
Additional background on the new benefit is available in "Understanding Changes in Prescription Drug Coverage for People with Disabilities on Medicare," a guide released by Advancing Independence, an advocacy organization based in Washington, D.C. Download it at www.aapd.com/News/medicaredrugcoverage/downloads/disRxGuide.pdf.
SSA ups cost-of-living adjustment (COLA)
The Social Security Administration (SSA) will be raising the cost-of-living adjustment (COLA) 4.1 percent in 2006. This increase, the largest in more than a decade, will provide increases worth hundreds of dollars to recipients of the Supplemental Security Income (SSI) in 2006.
Individual beneficiaries will see maximum payments of $603, while couples will see payments of up to $904 per month. Some COLA increases, however, may be offset by new or higher co-payments for health-related costs.
The COLA is increased annually based on economic inflation and reflects the changes in the Consumer Price Index (CPI) for the previous year. The increase was effective in December 2005, and it will be payable to Social Security recipients beginning this month.
For more information on these adjustments, visit www.ssa.gov/pressoffice/pr/2006cola-pr.htm.
Silvercrest Children's Developmental Center to close
The State Department of Health has announced the closing of Silvercrest Children's Developmental Center, a residential facility for more than 50 children with disabilities located in New Albany. The decision was reached based on the results of four independent studies completed by the Family and Social Services Administration, the Department of Administration and The Arc of Indiana.
For their study, The Arc interviewed staff, special education directors and children's families, in addition to discharged Silvercrest participants.
The results of this study and the information gathered from other reports indicate Indiana can put its funds to better use by taking a more proactive approach. This means relying less on out-of-home placement and instead better supporting families and schools to provide non-institutional care.
"This announcement has been very emotional for families who have found Silvercrest as the only hope when all else failed," said John Dickerson, executive director of The Arc of Indiana. "Even though placements at Silvercrest are short-term, it has been literally a life- and family-saver for these families. However, we sincerely believe we can do better for these families and children and those who will face crisis in the future."
Similar to other developmental center closings, such as New Castle, Muscatatuck and Fort Wayne, Silvercrest will remain open until current participants have made successful transitions to other services.
Indianapolis' first Disability Mentoring Day
Iris Rivera's developmental disabilities do not deter this high school senior from wanting a job in customer service some day. So Rivera met with her mentor, Rana McChristian, a recruiter at the Children's Museum of Indianapolis, to explore career options as a part of Disability Mentoring Day in Indianapolis.
Rivera toured the museum, attended a human resources meeting and met with the call center manager and the box office supervisor. To wrap up the day, McChristian took time to talk with Rivera about different job positions that would suit her interests. "With more than 70 percent of people with disabilities unemployed, they are a resource that should not be overlooked," said McChristian.
Disability Mentoring Day promotes career development for students with disabilities through hands-on career exploration. The annual program has occurred nationally since 1999, and Indianapolis participated for the first time this past year on Oct. 19. Mayor Bart Peterson kicked off the event with a luncheon at the Indiana State Museum, after which students were paired with employers for the afternoon.
More than 30 students and individuals from Pike, North Central and Arsenal Tech high schools, the Indiana School for the Blind, Butler University, Ivy Tech Community College of Indiana and Indiana University-Purdue University at Indianapolis were matched with participants from 13 companies to experience a typical day on the job and learn what is expected of them in the workforce.
The Indiana Department of Workforce Development hosted two students with disabilities, one from Butler University and the other from Pike High School. The student paired with Libby Manship, director of marketing, critiqued a video clip and toured the building and the state's media center. Carol Baker, director of impact transition, showed her student the many resources available in the WorkOne offices, including resume software, books, videos, workshops and employment counselors.
The local Disability Mentoring Day was sponsored by the Indianapolis Business Leadership Network, a group of local companies that promotes hiring people with disabilities. It was organized by the Indianapolis Private Industry Council Inc. and the Mayor's Office of Disability Affairs.
"Disability Mentoring Day is near and dear to the mayor's heart," said Juli Paini in the Mayor's Office of Disability Affairs. "Seventy percent unemployment is upsetting." Success comes in the form of greater awareness of students' abilities by employers, as well as job leads after the mentoring experience. One individual got an offer of employment and accepted with the Westin Hotel. Another resulted in a follow-up interview with FedEx.
With the mayor's leadership behind the event and the enthusiastic response of this year's participants, the future looks promising for an even better Disability Mentoring Day next year.
Indianapolis Mayor Bart Peterson presented the James Pauley Lifetime Service Award to Sharon Byrkett, former Council board member, licensed social worker and disability resource specialist for the WorkOne Center at Goodwill Industries. The James Pauley Lifetime Service Award was part of the 2005 Access and Inclusion Awards, which are given each year to businesses, organizations and individuals who - through inclusion and accessibility - have improved the lives of people with disabilities.
People with disabilities face obstacles while traveling, study finds
While Americans with disabilities spend more than $13 billion a year on travel and hospitality-related services, a recent study shows that providers of such services could double their revenue from this group if they made hotels, restaurants and transportation more accessible.
The survey, published by Open Doors Organization and the Travel Industry of America, also found that in the past two years, 21 million adults with disabilities have traveled for pleasure or business. Of these, many faced obstacles while traveling by air, with 84 percent of travelers naming obstacles on airplanes and 82 percent reporting obstacles in airports.
Furthermore, out of the 1,373 Americans who were surveyed, 60 percent faced obstacles at hotels. Physical barriers such as heavy doors and customer service-related problems such as staff being unaware of the services provided to people with disabilities were a few of the issues cited.
For more information on this survey, visit http://opendoorsnfp.org/wsn/page3.html.
Of Note
Order Disability Awareness Month materials now
Disability Awareness Month 2006 materials are now available. To place an order, visit www.in.gov/gcpd or contact Kim Dennison at (317) 631-6499 (fax), kdennison@bjmpr.com (e-mail) or (317) 631-6400 (voice).
Founder of National Organization on Disability dies
Alan A. Reich, founder of the National Organization on Disability (NOD), died Nov. 8 at his home in Virginia following a long illness. Before retiring in April 2005, Reich founded and led the NOD for 23 years. The NOD is the oldest organization dedicated to expanding the participation and contribution of Americans with disabilities in all aspects of life. Reich will be greatly missed by all members of the disability community.
Register now for the 2006 Disability Policy Seminar
The 2006 Disability Policy Seminar, to be held Feb. 6-8 in Washington, D.C., is titled, "Sharing A Vision to Strengthen the Future." The seminar will focus on public policy issues that affect people with disabilities. Registration is due Jan. 17. For more information, visit www.thearc.org.
West Lafayette disability outreach center wins national award
Breaking New Ground Resource Center and Outreach Program was recently awarded the New Freedom Initiative Award. Presented by the U.S. Secretary of Labor, the awards recognize non-profits, small businesses, corporations and individuals that have demonstrated exemplary and innovative efforts in furthering the employment and workplace environment for people with disabilities. Look to the next On Target for more information on the organization and award.
Building Your NetWorth
2006 Conference for People with Disabilities, December 5-6, 2005 Special Highlights Insert from the 2005 Conference
2005 disability conference proved its worth
The 2005 conference is now a pleasant memory. This year's conference was attended by more than 300 people who traveled to Indianapolis on Dec. 5 and 6 to gain insight on how to build net worth. The conference offered plenary sessions and numerous workshops that explored how worth is measured beyond dollars and cents. "What is a life worth?" and "What is on your balance sheet?" were just some of the thought-provoking questions that were posed. Highlights from the keynote sessions and a number of the 11 workshops follow. Also included are photos from several conference events.
Luncheon speaker discusses the power of the ballot box
The luncheon speaker on the first day of the conference, Jim Dickson, J.D., advised attendees of the need for the disability community to be an intentional voting block. According to him, disability advocates need to be a non-partisan political force speaking for all people with disabilities.
Dickson is vice president of governmental affairs and vote project leader for the American Association for People with Disabilities (AAPD), the nation's largest disability membership organization.
Recent legislation calls for polling places to be both wheelchair accessible and to have accessible voting devices. However, Dickson advised that access alone isn't enough. The point is for all of us to participate in the public life of our communities. And the basis for doing so is the right to vote. All freedoms spring from having that right.
Although making necessary changes will be a long process, Dickson warned attendees not to become discouraged. He suggested that if advocates want disability policies to be something that candidates believe in and act on, they have to organize effective nonpartisan voter registration and get out the vote campaigns focused on the disability community.
For more information on AAPD, visit http://www.aapd-dc.org/.
Jim Dickson, J.D. (left), is introduced by Council Board Chair Duane Etienne.
Keynote speaker teaches attendees to excel
As the keynote speaker on the first day of the conference, Dr. Charles Garfield, the researcher and well-known author of the "Peak Performance" series of books, gave attendees an up-close-and-personal look at how ordinary people become peak performers.
"Peak performers develop powerful mental images of the behavior that will lead to desired results," said Garfield. "They see in their mind's eye the result they want and the actions leading to it."
Garfield challenged the audience to step out of their comfort zones, try new feats and view life from a different angle. He emphasized, "Life is not about the destination - it's about the journey."
Garfield's research spans 35 years and, during that time, he has interviewed people from all walks of life. He found that those who are peak performers share the following six characteristics:
- Missions that motivate. Peak performers have a call to action that keeps them motivated.
- Results in real-time. Purposeful activity allows goals to be achieved in a set period of time.
- Self-management through self-mastery. Peak performers are able to observe themselves and think effectively.
- Team building/team playing. They work with others to achieve the final goal.
- Course correction. Peak performers have mental agility, are able to concentrate on, find and navigate paths.
- Change management. They are able to anticipate and adapt the changes while still maintaining momentum.
Monday evening's Roaring '20s theme featured entertainers and attendees dressed in fun costumes.
Starting your own business
This two-part workshop was targeted to attendees interested in self-employment. It was conducted by David Hammis, senior partner with Griffin-Hammis Associates, LLC, and co-author of the book "Making Self-employment Work for People with Disabilities." According to Hammis, with the unemployment rate of people with disabilities at approximately 70 percent, starting one's own business can provide an alternative.
The majority of those attending were already self-employed, or had an idea for a business. Types of services offered ranged from pet sitting to catering and employment consulting to Braille translation. Hammis advised attendees to make sure their prospective business was person-centered and to only pursue what works for them or speaks to them. The workshop also explored technical topics such as developing business plans, creating financial spreadsheets and how to account for profit with Supplemental Security Income (SSI) and Medicaid..
Achieving a balance in life by exploring the arts
In this workshop, members of disability- and arts-related organizations discussed the benefits of involvement in the arts. Attendees also discussed the freedom that arts-related careers can bring to people with disabilities.
David Hankins, one of the presenters, started his own business with the help of Denise Sosbe, owner of Sosbe Solutions, which helps people with disabilities establish businesses. Now David is self-employed and is working on earning enough to support himself. Other attendees also discussed how careers in the arts have made them self-sufficient.
ArtsWORK Indiana - a collaborative organization of volunteers, VSA arts of Indiana and the Indiana Arts Commission - has an online directory that lists Indiana arts workers with disabilities. For more information on how to be listed, contact Jane Harlan-Simmons at (800) 825-4733 (voice) or jeharlan@indiana.edu (e-mail).
Grassroots strategy
Fifth Freedom facilitated the workshop "Mergers, Joint Ventures and Alliances," which was designed to engage local community teams to identify an issue and develop an action plan centering around a resolution.
With the assistance of assigned facilitators, each team was charged with developing a series of strategies and identifying resources to address specific concerns. Some of the issues identified included how to maintain a strong level of commitment to sustain a support group, how to deal with unreliable transportation services and how to turn a hobby into a career.
Teams were able to identify numerous creative solutions, which they can now take home and implement. For more information on Fifth Freedom, visit www.fifthfreedom.org/.
'The price we have paid'
Art is within you, and the means to express it is in each of us.
That was the message Blue Monkey Sideshow (BMS), an Indianapolis-based performance group, presented to roughly 50 workshop attendees. The trio began by showcasing images of sideshow performers from the late 19th century who used their disabilities to change the way others thought.
BMS then treated the crowd to its own brand of tricks, ranging from juggling to walking on glass. Bart Simpson, aka "Swanky," explained how everyone has a creative side that, if tapped into, can brighten even the most mundane life experiences. Simpson and Elliot Feltman, aka "Krembo," helped attendees see the only limitations they need to overcome are those within themselves.
Krembo and Swanky assist Don Counts in trying out the bed of nails.
Council gives recognition awards at conference
At the annual awards luncheon, the Governor's Council presented the inaugural leadership Award to disability advocate David Scott. Scott, who passed away on Oct. 25, served as information and referral specialist for the Indianapolis Resource Center for Independent Living (IRCIL). He was also a powerful advocate for people with disabilities. In his quiet but persistent way, Scott changed the world into a much better place. The award was accepted by his sister, Penny, who thanked the Council on his behalf.
The Council's Leadership Award was established to recognize people with disabilities and/or family members who - through outstanding and sustained advocacy efforts - have advanced the independence, productivity and inclusion of people with disabilities and society.
The Council also recognized a journalist who has played a critical role in shaping positive attitudes and opinions about people with disabilities. Jennifer Boen, a reporter for the Fort Wayne News-Sentinel, received the Award for Excellence in Reporting on Disability Issues. Her winning article investigated the accessibility of gas stations for people with disabilities in and around Fort Wayne.
David Scott's sister Penny (third from right) accepts the Leadership Award on his behalf.
Build your net worth
In this interactive workshop, the presenters helped attendees examine the attributes that make up their value as people. For example, successful people are constantly building their worth for the organizations they work for, their families and friends, and themselves. Though net worth is often connected with monetary gain, a person can make him or herself more marketable by building personal net worth. Qualities such as education, values and communication skills can result in a person becoming more essential to both private and professional relationships.
Presenters suggested attendees make a list of their accomplishments and look at the list when feeling a lack of focus or self-esteem.
Make yourself a valued commodity by voting
This panel discussion focused on the importance of involvement with the voting and election process, especially in light of the Help America Vote Act (HAVA). Nationally, only about 50-60 percent of the U.S. will have at least one accessible voting machine per county in 2006. However, in 2004, that number was only 14 percent.
In Indiana, the results of the 2004 Count Us In accessibility survey of polling places showed that about 90 percent of polling places had an least one violation, although most involved easy fixes such as improved signage. According to the Deputy Secretary of State, who served as one of the panelists, the survey helped identify issues, and his department is working hard to correct deficiencies.
For more information, contact Indiana's HAVA Administrator at (317)234-8683 (voice). To see the results of the Count Us In survey, visit the Council's Web site at www.in.gov/gcpd.
Financial management
In the workshop about financial management, Jan and Jack Young, consultants with Partnership Accounts for Individual Development, advised attendees to make a sheet of financial-related goals they would like to achieve in the future. Below are tips they gave to achieving these goals:
Evaluate the difference between a want and a need.
Make a list of necessities when going to the store and stick to it to avoid impulse purchases.
Set simple goals.
Plan to annually save a comfortable amount (based on income). Save the money for something specific.
Prioritize.
Decide which purchases and bills have priority, and then schedule their payment consistently.
Keep goals visible.
By being aware of one's financial goals and needs, a person can be more conscious of purchasing decisions.
High stakes game
According to the presenters in this workshop, likely topics to be discussed in the 2006 Indiana legislative session relevant to people with disabilities include:
- A law requiring the use of people-first language in government documents.
- A monetary cap on support services for people with disabilities.
- The closings of institutions in Ft. Wayne and New Albany.
- The possible allocation of money that was brought in by the tax amnesty program.
- The "circuit breaker law," which allows people to pay a percentage of their property taxes based on their income.
- The deregulation of telephone service, which could make basic telephone services more expensive.
Speakers provide national disability updates
As the keynote speakers for Tuesday's plenary session, Robin Jones and Anne Rohall, J.D., provided updates on the Americans with Disabilities Act (ADA) and federal legislation affecting people with disabilities.
Jones is director of the Great Lakes ADA and Accessible IT Center. Rohall is director of government relations for the National Association of Councils on Developmental Disabilities (NACDD).
Jones' key message was that the ADA is just a tool; alone it can't do anything. People with disabilities and their advocates are charged with continually protecting the rights it outlines. This 15-year old act legislates civil rights, but it can't change attitudes, which is the more important of the two. "The power is with the people at the local level," she said.
She also provided updates on several national developments. Since 1998, the Supreme Court has heard 12 cases on ADA issues. Currently, the Department of Justice is undergoing the process of adopting revised ADA Accessibility Guidelines. Those won't be confirmed before late 2006.
Rohall began her presentation by discussing the current chaotic atmosphere of Washington, D.C. She reviewed forthcoming legislation that could be potentially dangerous for the disability community. Final votes on several negative pieces of legislation have been delayed based on the hard work of advocates contacting their Congressmen. And, with a number of elections forthcoming this year, many legislators are being extremely responsive to constituents.
The session ended with a number of questions from audience members.
Luncheon speaker promotes social capital
At Tuesday's closing session, keynote speaker John Kemp spoke to attendees about social capital, which he defines as the building and maintaining of social networks and relationships.
According to Kemp, it is important to build these networks. "It's the glue that holds us together," he said. "It improves our lives. We cope better with traumas, and we fight illnesses more effectively." Kemp also noted that the world is about whom you know. According to him, job applicants with referrals are twice as likely to get interviews with companies than those without.
Kemp also discussed the culture of disability. He noted that 85 percent of people who have disabilities acquired them after birth. Because of this, many people learn about the disability culture at different points in their lives.
Kemp stated that the core values of the disability culture are:
- A heightened acceptance of human differences, whether social, racial, economic or class-related.
- Interdependence as an essential part of life.
- Humor - the ability to find something humorous in almost anything, no matter how dire.
- The ability to read other's attitudes and conflicts in order to sort out, fill in the gaps and grasp the meanings in contradictory social messages.
Indiana Governor’s
Council for People with Disabilities
150 West Market Street, Suite 628
Indianapolis, Indiana 46204
(317) 232-7770 voice
(317) 232-7771 TT
E-mail: GPCPD@gpcpd.org
Web site: www.state.in.us/gpcpd
|