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News from Legal Rights Service - April 2011
News from Legal Rights Service is LRS' monthly newsletter providing information and updates about case work and activities of LRS, and other disability-related news.
In this issue:
- Regional Summit focuses on building stronger future for self advocates
- Supreme Court rules in favor of P&A to sue state agency in federal court
- Action and Results: Case Summaries
- LRS participates in Solidarity 2011
- Find the Ohio DD Network Partners on Facebook
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Regional Summit focuses on building stronger future for self advocates
The Administration on Developmental Disabilities (ADD) has convened a series of summits between self advocates (people with intellectual and developmental disabilities) and programs that are funded by ADD under the Developmental Disabilities Act. These include protection and advocacy systems, like LRS (P&As), developmental disability councils (DDC) and university centers for excellence (UCEDD), sometimes referred to as the "DD Network." The purpose of the summits is to learn how these networks are supporting self advocates, what is working, what can be improved, and how ADD can help.
The ADD Summit was held in Columbus
The Ohio DD Network hosted one of the regional summits. The Ohio summit took place on April 28 and 29, 2011, in Columbus and included representatives from Ohio, Indiana, Michigan, Virginia, Pennsylvania, Wisconsin.
Chester Finn, past president of the national Self Advocates Becoming Empowered (SABE), challenged everyone at the Summit, and especially self advocates, that, "We shouldn't wait for other people to make a difference. We should be the difference. This is a movement. If we don't care about us, who will?" ADD Commissioner Sharon Lewis reminded delegates that the most important voices at these summits are those of the self advocates. The Commissioner noted, "We are most effective when we work in coalitions. We will not succeed unless we work together."
Chester Finn, past president of SABE, presents at the ADD Summit
The Summit provided opportunities for state teams to identify a goal they will work on together and the next steps team members will take. Ohio delegates plan to create a broad coalition of self advocacy organizations. Self advocates will take charge of the coalition, which could be a powerful force for change, empowerment and civil rights. The self advocates at the Summit will ask their organizations if they want to be part of this new coalition. In addition, other organizations must be identified and invited to join to be sure that everyone who wants to be heard is part of the coalition.
State teams also developed recommendations for actions that ADD can take at the national level. The Ohio team recommended that self advocates should be part of all decisions affecting their lives, and to participate in the decision making process. ADD should provide financial support for transportation, personal assistance, technology and e-meetings so everyone who wants to participate can. Self advocates should be paid a fair wage for their participation, and not expected to volunteer. Ohio also recommended that ADD be required to advocate with the Centers for Medicare & Medicaid Services when decisions about changes to Medicaid and other benefits are made.
Ohio and several other states recommended that ADD should advocate with Congress to change the DD Act to include self advocacy as the fourth leg or "fourth prong" of the DD Network. The Pennsylvania delegation strengthened this recommendation by stating that self advocacy should be the force that holds the other three legs (P&As, DDCs and UCEDDS) accountable.
ADD Commissioner, Sharon Lewis, spoke at the event and gathered input from self advocates
As Commissioner Lewis hoped, the voices of self advocates were the most important ones at the Summit. Ohio delegates talked about employment and fair pay. Bill Adams, Vice President of People First of Ohio, stated, "I can tell you about getting paid. I have volunteered for the last seven years at a place where I would like to get paid for my work." And Sarah, a Michigan delegate, talked about the fight for community living. Placed in a developmental center as a youth, she spent thirteen years there, working hard to get out. Sarah was part of the strong self advocacy movement that closed Michigan's last developmental center.
As the Summit Moderator, Bill Lynch, noted, "We carry great responsibility for a lot of people who weren't here." Michael Kirkman, LRS Executive Director, summed up the event, "Just as the independent living movement led the struggle for equal opportunity and self-determined choices for decades, the self advocates are now raising their own voices to be part of the change they want to see. LRS is proud to be their ally and we will continue to work together for an Ohio where all people, regardless of their abilities, have equal opportunities to live and work in their communities. This summit shines light on where we've been and, together, where we can go."
For more information about the ADD Summits and next steps check the Allies in Self Advocacy website.
Supreme Court rules in favor of P&A to sue state agency in federal court
The U.S. Supreme Court, on April 19, 2011, upheld the right of a protection and advocacy (P&A) system, like the Ohio Legal Rights Service, to sue state officials in federal court to obtain necessary records to investigate serious abuse and neglect in state hospitals. The Court affirmed by a vote of 6-2 the authority of Virginia's P&A to pursue legal remedies in fulfilling its duty to advocate for people with disabilities, in this case to access records through the Virginia Department of Behavioral Health and Developmental Services.
The question before the court was whether the Virginia Office of Protection and Advocacy (VOPA), an independent state agency, could sue another Virginia state agency in federal court. During an investigation into the suspicious deaths and abuse of individuals living in state operated institutions, VOPA was denied access to patient and peer review records. The Supreme Court held that VOPA, despite being a state entity, can sue other state officials in the course of carrying out is mission, as authorized by federal law, to protect the rights of people with disabilities.
For more information, read the Supreme Court's decision: Virginia Office for Protection and Advocacy v Stewart, Commissioner, Virginia Department of Behavioral Health and Developmental Services, et al. (PDF file). See also the Supreme Court's SCOTUSBlog: Virginia Office for Protection and Advocacy v. Stewart
More information is also available from the National Disability Rights Network (NDRN): Supreme Court Upholds Authority of the Network. NDRN is a nonprofit membership organization for the federally mandated P&A Systems and Client Assistance Programs (CAP) of each state for people with disabilities.
Action and Results: Case Summaries
LRS provides legal advocacy and rights protection to a wide range of Ohioans with disabilities. Read the following summaries of cases represented by LRS which are just a few examples of the issues LRS resolved in partnership with people with disabilities.
If you think your legal rights have been violated because of a disability, LRS may be able to help. Contact our Intake Department for more information.
LRS assists client in achieving career goal
An LRS attorney advised a client on how to appeal a decision made by Social Security on an overpayment notice of her Supplemental Security Income (SSI) benefits. The client had submitted a Plan to Achieve Self-Support (PASS) plan with Social Security to set aside part of her income for her education which should not have been counted as income. Social Security stated it did not receive the plan. The client won her appeal, the overpayment was waived and her PASS plan approved.
For more information about PASS: SSI Spotlight on Plans to Achieve Self-Support
LRS clients receive approval for communication devices
LRS attorneys successfully represented several children with disabilities to obtain Medicaid approval for communication devices, such as augmented communication or speech generating devices. In most cases, the clients received multiple denials for the devices. LRS assisted the clients' treatment teams in submitting documentation supporting the child's need for the device in order to participate in school and in the community. LRS also either provided representation at Medicaid state hearings or negotiated a favorable outcome prior to the hearing.
Client avoids placement in homeless shelter
LRS was contacted when residents of a facility received 10-day discharge notices. One client's notice stated she would be discharged to a homeless shelter. LRS Intake staff, in collaboration with staff from the Ohio Department of Aging's regional and state Long Term Care Ombudsman programs, intervened and educated personnel at the facility about appropriate discharge notice procedures and planning. LRS staff remains involved with the residents of the facility to explore appropriate community living options.
LRS participates in Solidarity 2011
Solidarity 2011, held in Columbus, concluded on April 28. The three-day conference, "One Common Voice...One Common Cause," focused on employment and offered something for everyone — keynote speakers, workshops, health fair, art fair, computer lab, exhibits and legislative visits.
Barbara Corner, LRS staff attorney, presents at a Solidarity workshop
LRS, in addition to sponsoring the event, hosted an information booth and provided speakers for two workshops. Barbara Corner, staff attorney, discussed transportation rights and the need for reliable and accessible transportation for people with disabilities who work. Thomas Hemmert, community affairs officer, provided an overview of LRS and conducted an open forum to explore community integration experiences of people with disabilities.
John Dixon attended the event and plans on returning to the next Solidarity conference in 2013
Over 300 people attended Solidarity 2011 including John Dixon from Dayton. Dixon said, "This is my first time at Solidarity. The conference is helping me reconnect with my disability and to network with other people with disabilities." He continued, "This conference is empowering me to broaden my horizons in the disability community."
Solidarity is Ohio's oldest and largest educational, employment and leadership conference for and about people with disabilities. Solidarity is a project of the Disability Network of Ohio-Solidarity, Inc., a statewide organization developed to increase awareness of issues, policies and concerns impacting Ohioans with disabilities and their families. For more information: Disability Network of Ohio-Solidarity
Find the Ohio DD Network Partners on Facebook
The Ohio Developmental Disabilities (DD) Network partners, which includes LRS, now have a Facebook page. The partners use the page to post information about events, activities, announcements and achievements of the Ohio DD Network.
The Ohio DD Network partners include LRS, the Ohio Developmental Disabilities Council, and the University Centers for Excellence in Developmental Disabilities at The Ohio State University (Nisonger Center) and at the University of Cincinnati.
Visit the Network's page at www.facebook/ohioddnetwork.
And remember to visit LRS' Facebook page at www.facebook.com/legalrightsservice.