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Legislation
The Americans with Disabilities Act
Q: Why was the Americans with Disabilities Act (ADA) created?
A: The ADA was created to eliminate architectural and attitudinal barriers toward people with disabilities in employment, government services, public accommodations, and communications. Congress believed that the myths and fears about people with disabilities were more "handicapping" than the disabilities themselves.
Q: Is the ADA an "affirmative action" law?
A: No. The ADA is a civil rights law. It is about attitudes and leveling the playing field for people with disabilities.
Q: Do private businesses have a responsibility under Title III of the ADA if they have fewer than 15 employees?
A: The responsibilities to make goods and services accessible to and useable by Americans with
disabilities under Title III of the ADA applies to all qualifying businesses, regardless of the size of their
workforce. While a small "Mom and Pop" grocery store would have fewer accommodations to make to reach the readily achievable
or the undue burden threshold for the provision of auxiliary aids and services mandated for existing businesses, than would a
large superstore, the smaller business is not exempt from these responsibilities simply because they have fewer than 15
employees. The employee limit is only applicable under Title I (Employment) provisions of the law.
Q: Should a deaf person be able to make reservations by TTY when he/she plans to stay at a major hotel under
Title III of the ADA?
A: Not only should a deaf person be able to make reservations by TTY, their hotel room should have visual
smoke detectors, closed captioning, and its own TTY for outgoing calls. The individual should be able to take advantage of
all the amenities offered to other customers (room service, bell service, etc.).
Rehabilitation Act
Q: What is the Rehabilitation Act?
A: The Rehabilitation Act of l973, as amended, authorizes the allocation of Federal funds on a formula basis for the administration and operation of vocational rehabilitation (VR) program to assist individuals with disabilities in preparing for and engaging in gainful employment and independent living.
Q: Under the Rehabilitation Act, what does informed choice mean?
A: Informed choice, as mandated in the act, is the right of an individual to choose a preferred employment goal in conjunction with the rehabilitation counselor.
Q: Can an individual get services from Vocational Rehabilitation if he/she is receiving SSI?
A: Yes. Under the Rehabilitation Act a person is eligible for VR if they qualify for SSI or SSDI and want
to go to work.
The Workforce Investment Act of 1998
Q: What is the Workforce Investment Act (WIA)?
A: The Workforce Investment Act reforms the nation's job training system in bringing all employment related programs and services together in comprehensive One-stop employment centers.
Q: If a person with a disability is not eligible for Vocational Rehabilitation Services can they be served through WIA?
A: Yes. The employment One-stop centers throughout the country have a responsibility to serve any individual who wants a job, regardless of whether or not they have a disability.
Q: What is Vocational Rehabilitation's involvement with WIA?
A: Congress mandated that the Vocational Rehabilitation system be a partner in any comprehensive
employment One-stop center under WIA.
Ticket-to-Work and Work Incentives Improvement Act
Q: What is the Ticket to Work Program?
A: The ticket program is a new program in the Social Security Administration. The program will offer SSA disability beneficiaries greater choice in obtaining the services they need to help them go to work. The Program will make more service providers available to beneficiaries with disabilities who are seeking employment services, vocational rehabilitation services, and other support services to assist them in obtaining and maintaining self-supporting employment.
Q: When will the Ticket Program begin?
A: Tickets will be issued to beneficiaries in phases beginning in 2001.
Q: What states will be distributing the Tickets?
A: arizona, Colorado, Delaware, Florida, Illinois, Iowa, MaSSAchusetts, New York, Oklahoma, Oregon, South Carolina, Vermont, and Wisconsin.
Q: How will I know where the Ticket Program is available?
A: SSA will announce the beginning of the Program in many places where people who receive Social Security disability benefits get information about SSA. Information is also available at SSA's Internet Web Site, www.ssa.gov.
Q: Does the Ticket Program include changes in health care coverage?
A: Yes. The law extends Medicare Part A (Hospital) premium-free coverage for four and one-half years beyond the current limit for disability beneficiaries who work.
Q: What about Medicaid?
A: The law includes several important changes to Medicaid. For example, it gives states the option of
providing Medicaid coverage to more people ages 16-64 with disabilities who work.
The Individuals with Disabilities Education Act
Q: What is IDEA?
A: IDEA stands for the Individuals with Disabilities Education Act. The law strengthens the academic expectations and accountability for the nation's children with disabilities. The law mandates an Individualized Education Program (IEP) that spells out the educational goals for each child. The Plan must be related to the general curriculum that children in regular classrooms receive.
Q: How are parents involved in decisions about their child's education?
A: Parental involvement increases under IDEA. In all states, IDEA says that parents are to be included in groups making eligibility and placement decisions about children with disabilities.
Q: Will more children with disabilities be placed in regular classroom settings under the law?
A: IDEA eases some of the restrictions on how IDEA funding can be used for children served in regular classrooms. Funds can be used for providing services to children with disabilities in regular classroom settings even if non-disabled children benefit as well.
Q: How will IDEA help school districts meet the costs of special education?
A: IDEA directs more Federal dollars to school districts and allows them greater flexibility to meet the
needs of children with disabilities in their schools. States and other public agencies will continue their level of support
to school districts.
Agencies
The Department of Education & The Office of Special Education and Rehabilitative Services (OSERS)
Q: What does the U.S. Department of Education do?
A: The responsibilities of the Department of Education fall into 6 areas:
Q: What programs in the Department of Education serve people with disabilities?
A: The Department of Education administers an Office of Special Education Programs, the Rehabilitation
Services administration, and the National Institute on Disability and Rehabilitation Research (NIDRR).
The Social Security Administration
Q: What is Supplemental Security Income (SSI)?
A: The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled,
and have limited income and financial resources. If you are married, and only one person is eligible, a portion of the
spouse's income may be counted. Financial resources (savings and assets) cannot exceed $2,000 ($3,000 if married). You can
be eligible for SSI even if you have never worked in employment covered under Social Security.
Q: How much is the SSI payment?
A: Effective January 2001, the SSI payment for an eligible individual is $530 per month and $796 per month
for an eligible couple.
Q: How is SSI funded?
A: The SSI program is financed through general tax revenues.
Q: What is the difference between Social Security Disability Insurance and SSI?
A: Supplemental Security Income, or SSI, is a program financed through general tax revenues. SSI benefits are paid to people who have a disability and who don't own much or have a lot of income. Social Security Disability Insurance (SSDI) is a program that workers, employers, and the self-employed pay for with their Social Security taxes. An individual qualifies for these benefits based on his/her work history, and the amount of the benefit paid to the person is based on their earnings.
Q: What impact does the Social Security Administration have on people with disabilities?
A: the Social Security Administration provides income support for people with disabilities through two major programs, the Supplemental Security Income (SSI) Program and the Social Security Disability Insurance (SSDI) Program.
Q: What Office within SSA relates to people with disabilities?
A: The new Office on Employment Support. This is the Office that administers the new Ticket to Work and
Work Incentives Improvement act.
The Department of Health and Human Services
Q: What does the Department of Health and Human Services do?
A: The Department of Health and Human Services (HHS) is the Federal government's principal agency for protecting the health of Americans and providing essential human services for children and adults, including adults and children with disabilities.
Q: What HHS programs provide health care for people with disabilities?
A: Through the HHS Health Care Financing administration (HCFa), health insurance is provided to over 74 million Americans. The health insurance programs include Medicare, Medicaid, and the State Children's Health Insurance Program (SCHIP).
Q: What is Medicare?
A: Medicare is the nation's largest health insurance program. It provides health insurance to people age 65 and over and individuals who have permanent kidney failure and some people with disabilities.
Q: What is Medicaid?
A: Medicaid is a jointly-funded, Federal-State health insurance program for certain low-income and needy
people. It covers approximately 36 million individuals, including children, the aged, the blind, and the disabled, and people
who are eligible to receive Federally assisted income maintenance payments.
The Presidential Task Force on Employment of Adults with Disabilities
Q: What does the President's Task Force on Employment of Adults with Disabilities do?
A: The mandate of the Task Force is to evaluate existing Federal programs to determine what changes,
modifications, and innovations may be necessary to remove barriers to employment opportunities faced by adults with
disabilities.
Q: What is the goal of the President's Task Force?
A: The goal of the Task Force is to increase the Employment of Adults with Disabilities to a rate that is as
close as possible to the employment rate of the general adult population and to support the goals of the Americans with
Disabilities Act of 1990.
Department of Labor
Q: What does the U.S. Department of Labor do?
A: The Department of Labor (DOL) is charged with preparing the American workforce for new jobs, and
ensuring the adequacy of America's workplaces. This charge includes Americans with disabilities.
Q: What programs in the DOL pertain to people with disabilities?
A: The DOL is creating a new Office on Disability Policy. Other programs within DOL that serve people
with disabilities are the President's Committee on Employment of People with Disabilities, the President's Task Force on
Employment of Adults with Disabilities, and the Administration of the Workforce Investment Act.
Q: What are the statistics on the unemployment rates of persons with disabilities in the United States?
How does this compare with the general public?
A: Lou Harris and Associates have done periodic surveys on the status of Americans with disabilities since
about 1986. At that time, approximately 34% of those of working age described themselves as working either full or part-time.
Aa of the 1998 Harris Survey, this percentage had dropped to approximately 29%. While statisticians would argue that
many of these individuals are not actually in the labor market, and therefore it is not accurate to imply Americans with
disabilities have an unemployment rate of around 70%, it is safe to conclude that their employment rate is significantly below
the rest of society. Many factors fuel these unemployment numbers, including discrimination, inaccessible transportation,
lack of affordable housing, lack of health care, and other barriers.
Q: How do Americans with disabilities compare to the general public in terms of socioeconomic status?
A: Lou Harris and Associates (1998) reported that Americans with disabilities were almost three times (34%)
as likely as their non-disabled peers (12%) to have household incomes of less than $15,000 in 1998. This ratio has remained
relatively constant since 1986.
Government Programs
Cash Assistance Programs
Q: What are some of the income supports that might be available to a person with a disability?
A: The Department of Health and Human Services (HHS) provides information on Federal, state, and local child support enforcement programs. HHS also administers the Temporary Assistance for Needy Families (TANF) programs which provide funding for state welfare assistance programs to help families in need. HHS also administers a block grant program for families who care for children with special health care needs. In addition, the Social Security Administration administers the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) programs, which may benefit people with disabilities.
Q: Who is in charge of food stamps?
A: The U.S. Department of Agriculture administers the food stamp program.
Q: Are there any programs that provide assistance for home energy needs?
A: The Department of Health and Human Services Administration for Children and Families provides the Low Income Home Energy Assistance Program in partnership with the states. This program assists eligible low income households meet their home energy needs.
Q: Are there any programs that provide assistance for veterans?
A: The U.S. Department of Veterans Affairs provides health care and other benefit programs for veterans and
their families.
In-Kind Support Programs
Q: What are in-kind benefits?
A: In-kind benefits consist of goods and services provided free of charge. In-kind benefits function as income because without the benefit, recipients would need to purchase the goods or services on their own.
Q: What are the different in-kind benefits available to people with disabilities?
A: Public in-kind benefits include food stamps, housing subsidies, energy subsidies, and health insurance.
Q: What are health-related benefits?
A: Health-related benefits are of particular importance to people with disabilities and include public health insurance, assistive devices and technologies, and personal assistance services.
Q: What is Public Health Insurance?
A: Public Health Insurance includes the Federal Medicare and Medicaid Programs.
Q: What is Medicare?
A: Medicare provides health insurance coverage for individuals age 65 and over as well as for persons with disabilities participating in the Social Security Disability Insurance (SSDI) program. Medicare provides both hospital coverage (Part A) and supplementary medical insurance (Part B).
Q: When do individuals become eligible for Medicare?
A: Nearly all persons age 65 and over are automatically eligible for Part A, individuals receiving DI benefits become eligible for Medicare coverage only after a 24-month waiting period.
Q: If a person returns to work, can he/she still receive Medicare coverage?
A: On returning to work, a former DI recipient could continue to receive Medicare benefits for up to four years. When the provisions of the Work Incentives Improvement Act take effect, this period of four years will be extended to eight and one-half years.
Q: What is Medicaid?
A: Medicaid is a Federal-State matching entitlement program that provides medical assistance to low-income and needy individuals, including individuals with disabilities. In most states, individuals who receive Supplemental Security Income (SSI) are eligible to receive Medicaid; in a few states, a small number of SSI recipients are ineligible because the Medicaid means test is more restrictive.
Q: What about SSI recipients who return to work?
A: SSI recipients, who return to work and lose their SSI payments as a result of employment earnings might
in some cases, continue to receive Medicaid under section 1619(b) of the Social Security Act. Two Federal laws have recently
given states the option of de-linking Medicaid receipt from SSI participation. The Work Incentives Improvement Act allows
states to eliminate all income and asset restrictions on the Medicaid buy-in for persons with disabilities.
Assistive Devices and Technologies
Q: What is Assistive Technology?
A: The Assistive Technology act of l998 defines an Assistive Technology (AT) device as "any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities". Most AT devices assist individuals with physical or sensory impairments, although some assistive devices assist individuals with mental impairments by helping the individual process information or simplify work routines.
Q: How does AT assist a person with a disability in working?
A: Some AT devices assist a person with a disability in decreasing barriers to work, both in the workplace and in traveling to and from work, such as wheelchair lifts, specialized computer equipment, etc. Computers and the Internet have increased the opportunities for telecommuting.
Q: How can I get funding for AT?
A: A variety of government programs provide funding for AT. Medicaid, Medicare, and State Vocational Rehabilitation agencies all provide direct funding for some AT. The Assistive Technology act of 1998 provides continuity grants for AT to states that have received fewer than 10 years of funding under the Technology-Related Assistance for Individuals with Disabilities act of 1988.
Q: Are employers required to fund Assistive Technology?
A: The Americans with Disabilities Act requires employers of 15 or more workers to provide "reasonable accommodations" to current or potential workers with disabilities. These accommodations might include the provision of special devices or the modification of existing equipment to enable people with disabilities to work. Although the ADA does not provide for funding for AT, indirect funding is available through small business tax credits.
Q: Does the Social Security Administration provide funding for AT?
A: Neither the SSI or SSDI provides direct funding for AT, but certain features of each program intended to
encourage beneficiaries to return to work can assist in defraying the costs of AT.
Personal Assistance Services
Q: What are Personal Assistance Services (PAS)?
A: Personal assistance Programs are programs that provide assistance from another person to accomplish the basic activities of daily living, such as mobility, eating, dressing, bathing, toileting, and the instrumental activities of daily living such as cleaning, preparing meals and shopping. Other PAS might include assistance with communication, transportatin, and completing job related tasks.
Q: How are PAS funded?
A: PAS is primarily funded through public programs and by recipients' own resources. Few public PAS programs cover work-related PAS or competitively employed PAS users, and private insurance programs do not cover PAS. Private funding sources include the individual and his or her employer.
Q: Is there any assistance for an employer to provide PAS?
A: the Federal tax code provides limited subsidies to individuals who bear the cost of their own PAS at work under Section 67(d) of the Internal Revenue Code. Although this deduction offsets some of the costs of PAS, it provides greater relief for upper income workers, and less relief to people with disabilities who have low or middle incomes.
Q: What about public funding for PAS?
A: Publicly financed programs that deliver PAS are designed and implemented at the State level, so there is a
great deal of variation in the programs. Funding sources include Medicaid, Social Service Block Grants (Title XX),
Title III of the Older Americans Act, State Funds, VA Aid and Attendants Allowance, and Medicare. These programs often have
eligibility criteria related to age and income, and preclude much of the working-age population. In recent years, a number
of states have introduced legislation that share common features that make it easier for users to become employed.
The Medicaid Community Attendant Services Act has been introduced in Congress, but has not been passed.
Tax Policies
Personal Tax Policies
Q: Can an individual with a disability receiving Social Security Disability Income (SSDI) have additional income without fear of losing his/her health care benefits?
A: It is possible for SSDI beneficiaries to earn the Substantial Gainful Activity threshold without fear of losing Medicare coverage.
Q: What is the SGA?
A: The Substantial Gainful Activity threshold was recently changed from $500 to $700/month. It is also possible for many former SSDI beneficiaries to buy-in Medicare for a period of years after leaving the SSDI rolls.
Q: Can an individual receiving Supplemental Security Income (SSI) earn too much money to be eligible to receive Medicaid?
A: Medicaid eligibility and its income limits are set by the individual states. Many states are designing
Medicaid Buy-In Programs to assist individuals transitioning from SSI to the work world.
Employer Tax Policies
Q: Do businesses have any incentives to make their services accessible to people with disabilities?
A: Businesses may take an annual deduction for expenses incurred to remove physical, structural, and transportation barriers for persons with disabilities (IRS CODE SECTION 190). Qualified expenses up to $15,000 per year may be deducted. Small businesses, with gross earnings of $1 million or less or which had 30 or less full-time employees may take an annual tax credit for making their businesses accessible to persons with disabilities (IRS CODE SECTION 44). This Small Business Tax Credit covers 50% of qualified expenditures between $250 and $10,250.
Q: Do employers have incentives to hire qualified employees with disabilities?
A: The Work Opportunity Tax Credit (WOTC) provides a tax credit for employers hiring individuals from
certain targeted groups including: low-income vocational rehabilitation referrals; former AFDC recipients; veterans;
ex-felons; food stamp recipients; summer youth employees; and SSI recipients. The WOTC is limited to 40% of the first
$6,000 earned by the employee per year.
Research
National Institute on Disability and Rehabilitation Research
Q: What is the National Institute on Disability and Rehabilitation Research (NIDRR)?
A: The NIDRR is located within the U.S. Department of Education. The Institute generates, disseminates, and promotes the full use of new knowledge that will improve the options for disabled individuals to perform regular activities in the community.
Q: How does NIDRR transfer new knowledge into practice?
A: NIDRR is co-located with the Rehabilitaion Services administration and the Office of Special Education Programs, which work rehabilitation and education programs nationwide. NIDRR works with the science community through its leadership of the Interagency Committee on Disability Research.
Q: Are there on-line resources, funded through NIDRR, available for various entities interested in finding out their responsibilities and/or rights under the ADA?
A: Yes. One of the best resources available are the 10 Disability and Business Technical assistance Centers (DBTACs) scattered around the U.S. The Centers can be reached at 1-800-949-4232 (Voice/TTY), or on-line using the keyword "Disability and Business Technical assistance Center".
Q: Does the DBTAC network have links to other job sites?
A: Yes. It has links to the Job Accommodation Network, the Equal Employment Opportunity
Commission, the Department of Justice, and numerous other ADA resources.
Assistant Secretary for Planning and Evaluation
Q: What is ASPE?
A: ASPE is the Office within the Department of Health and Human Services that is the principal advisor to
the Secretary of HHS on policy development. ASPE is responsible for the major activities in the areas of policy coordination,
legislative development, strategic planning, policy research and evaluation and economic analysis.
National Institutes of Health
Q: What are the National Institutes of Health (NIH)?
A: The NIH is one of eight health agencies of the Public Health Services, which is part of the U.S. Department of Health and Human Services.
Q: What does the NIH do?
A: The NIH conducts research, supports research of non-Federal scientists in universities, medical schools, hospitals, and research institutes throughout the country and abroad, assists in training research investigators, and fosters communication of medical information.
Q: How does the NIH assist people with disabilities?
A: The NIH acquires new knowledge to help prevent, detect, diagnose, and treat disability and disease.
It would appear that no one has asked us a question about this page yet!
But we certainly welcome you to be the first! Simply hit the "Back" button below and then submit your
question to us from that page. We look forward to hearing from you!