Disability and Social Work Reflective Journal 2pages
Sarahhhhh
TheLegalandPolicyPerspective_Chapter4.pptxThe Legal and Policy Perspective
Chapter 4
Introduction
Social care policy for individuals with disabilities originated in the nineteenth century and its legislative basis in welfare reforms introduced after the Second World War.
Americans with Disabilities Act (1990)
SSI Disability
Medicaid/Medicare
NASW – ethical principles
Social workers’ primary goal is to help people in need and to address social problems.
Social workers challenge social injustice.
Social workers respect the inherent dignity and worth of the person.
Social workers recognize the central importance of human relationships.
Social workers behave in trustworthy manner.
Social workers practice within their areas of competence and develop and enhance their professional expertise.
https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English
Historical development of policy
Institutional care Social inclusion citizenship
Self-contained residential “colonies’ were set-up
Institutions for Individuals with disabilities
Founded in 1864
Originally for both blind and deaf students
Second important theme for policy is the distinction between those regarded as “deserving” of assistance from the state and those who are “undeserving”.
4 objectives that Guided policy
Containment and segregation
Aims to keep disabled people away from mainstream of social life
Institutions built for congregate living
Compensation
Aims to compensate disabled people for their lack of access to paid work
At first, restricted to those disabled as a result of accidents at work or injury during military service.
Progress has been made by blind people who successfully campaigned for legislation by marching on London
Welfare
Following the WWII, more comprehensive welfare legislation came into force.
Citizenship
Right to independent living and control over their own lives
Americans with Disabilities Act
Title I: Employment
Title II: State and Local Government Activities
Public Transportation
Title III: Public Accommodations / Commercial Facilities
Title IV: Telecommunications Relay Services
Video: https://www.youtube.com/watch?v=2Nt7GGZHyNc
Social Security Disability Insurance
Largest Federal program that provides assistance to people with disabilities.
Pays benefits to you and certain members of your family if you are “insured” meaning that you worked long enough and paid SS taxes
Supplemental Security Income
Pays benefits based on financial need.
Individual cannot earn more than $1,190 per month by working
For more information: https://www.ssa.gov/disability/
Medicaid – Government Health Insurance
Free or low-cost care though Medicaid based on income and family size
Covers people with disabilities
You must be approved from SSDI benefits to receive Medicare
Those who are approved for SSI will receive Medicaid
Supplemental Nutrition Assistance Program (SNAP)
Offers nutrition assistance to millions of eligible, low-income individuals and families and provides economic benefits to communities.
You receive Federal disability or blindness payments under the Social Security Act, including Supplemental Security Income (SSI) or Social Security disability or blindness payments. OR
You receive State disability or blindness payments based on SSI rules. OR
You receive a disability retirement benefit from a governmental agency because of a permanent disability. OR
You receive an annuity under the Railroad Retirement Act and are eligible for Medicare or are considered disabled under SSI. OR
You are a veteran who is totally disabled, permanently homebound, or in need of regular aid and attendance. OR
You are the surviving spouse or child of a veteran who is receiving VA benefits and is considered permanently disabled
ABLE Accounts
ABLE Accounts are much like the tax-free 529 accounts used to save for college education.
Disabled individuals, family, friends (or anyone else) may contribute a total of $14,000 into the account each year.
Limit over time is $300,000
Contribution to ABLE accounts are not tax deductible, but are excluded from the federal gift tax.
Money used for “qualified disability expenses”
Why?
Disabled people would lose their SSI Disability or Medicaid benefits if they have too much savings. Over $2,000.
Who is eligible for ABLE Accounts?
Only available to people who are
Blind
Have a physical/mental impairment marked and severe functional limitations which can be expected to result in death or have lasted or are expected to last for at least 12 months.
Must be before the person reaches the age of 26
More information: https://www.nolo.com/legal-encyclopedia/new-savings-accounts-able-disabled-people.html
Telecommunication Act
Section 255 and Section 251(a)(2) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996
require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable.
These amendments ensure that people with disabilities will have access to a broad range of products and services such as telephones, cell phones, pagers, call-waiting, and operator services, that were often inaccessible to many users with disabilities.
Fair Housing Act
1988
prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin.
requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities.
Ex: guide dog/service dog
requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.)
requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.
Air carrier access act
prohibits discrimination in air transportation by domestic and foreign air carriers against qualified individuals with physical or mental impairments.
It applies only to air carriers that provide regularly scheduled services for hire to the public.
Requirements address a wide range of issues including boarding assistance and certain accessibility features in newly built aircraft and new or altered airport facilities.
Service animals: https://www.transportation.gov/individuals/aviation-consumer-protection/service-animals-including-emotional-support-animals
National Voter Registration Act
1993
“Motor Voter Act”
to increase the historically low registration rates of minorities and persons with disabilities that have resulted from discrimination.
requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate State official.
For more information: https://www.justice.gov/crt/voting-section
Voting Accessibility for the Elderly and Handicapped Act
1984
generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections.
Where no accessible location is available to serve as a polling place, a political subdivision must provide an alternate means of casting a ballot on the day of the election.
This law also requires states to make available registration and voting aids for disabled and elderly voters, including information by TTYs (also known as TDDs) or similar devices.
Civil Rights of Institutionalized Persons Act
authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities.
Allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of residents of institutions.
The Attorney General may initiate civil law suits where there is reasonable cause to believe that conditions are "egregious or flagrant," that they are subjecting residents to "grievous harm," and that they are part of a "pattern or practice" of resistance to residents' full enjoyment of constitutional or Federal rights, including title II of the ADA and section 504 of the Rehabilitation Act.
Architectural Barriers Act
requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility.
requirements are limited to architectural standards in new and altered buildings and in newly leased facilities.
Rehabilitation Act
The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.
Rehabilitation ACT
Section 501
requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch.
Section 503
requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.
Section 504
states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.
Section 508
establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal governme
Policies for Disabled Children
Education Policy
Individuals with Disabilities Act
Formally called the Education for all Handicapped Children Act of 1975
Requires public school to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.
Schools must develop a Individualized Education Program (IEP’s) for each child.
Reviewed annually
Teams include child’s teacher, parents, an agency representative who is qualified to provide or supervise the provision of special education and other individuasl at the parents’ or agency’s discretion.
Rehabilitation Act: Section 504
Social Policy
States that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits or, or be subjected to discrimination under” any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.
Dear Colleagues Letter
More information: https://www2.ed.gov/about/offices/list/ocr/504faq.html
.MsftOfcThm_Accent1_Fill { fill:#4472C4; } .MsftOfcThm_Accent1_Stroke { stroke:#4472C4; }
.MsftOfcThm_Accent1_Fill { fill:#4472C4; } .MsftOfcThm_Accent1_Stroke { stroke:#4472C4; }
.MsftOfcThm_Accent1_Fill { fill:#4472C4; } .MsftOfcThm_Accent1_Stroke { stroke:#4472C4; }
.MsftOfcThm_Accent1_Fill { fill:#4472C4; } .MsftOfcThm_Accent1_Stroke { stroke:#4472C4; }
