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News from Legal Rights Service - January 2010

In this issue:

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LRS to Host WISE Training Event

LRS is hosting a training event designed to provide people with disabilities information about how paid employment will affect their Social Security benefits. The training addresses the Social Security Administration's (SSA) Ticket to Work Program and other work incentives to help people go to work for the first time, return to work or reach other employment goals.

The Work Incentive Seminar Event (WISE) training is scheduled Wednesday, March 3, 2010 from 4:00 p.m. - 8:00 p.m. in Eaton, Ohio. The training, sponsored by LRS' Work Incentives Planning and Assistance (WIPA) program will be at the Preble County Board of Developmental Disabilities and targets beneficiaries of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

Community work incentive coordinators and representatives from Social Security Administration, Employment Networks, and LRS will be at the WISE event to provide training and answers to questions.

Registration

Registration for the event is available online: Registration Site for Work Incentive Seminars. Or by phone 1-877-743-8237 (voice/TTY). When registering, indicate if you need assistive aides or services, such as a sign language interpreter, Braille or large print.

About LRS and the WIPA Program

SSA designated LRS as a WIPA program serving beneficiaries of SSI or SSDI in 31 of Ohio's 88 counties. The program is designed to assist SSA beneficiaries with disabilities who wish to secure gainful employment and achieve financial stability. The LRS WIPA service area includes the following 31 counties: Allen, Ashtabula, Auglaize, Cuyahoga, Darke, Defiance, Erie, Fulton, Geauga, Hancock, Henry, Huron, Lake, Lorain, Lucas, Medina, Mercer, Miami, Montgomery, Ottawa, Paulding, Protage, Preble, Putnam, Sandusky, Seneca, Shelby, Trumbull, Van Wert, Williams, and Wood.

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Advocating and Protecting Rights in Partnership with People with Disabilities

Pet Fee Refunded for Service Animal

An LRS client and her service animal are enjoying apartment living without the additional expense of a costly pet deposit.

The client contacted LRS when her landlord required a $300 deposit for her cat. The cat is the client's support animal. LRS, with guidance from the client, sent a letter, with supporting documentation, to the landlord requesting an accommodation for her support animal. LRS also informed the landlord that fair housing regulations prohibit a pet deposit for service animals. The landlord agreed to waive and refund the deposit to the client.

Homeless Shelter Placement Avoided

The celebration of her 18th birthday in a group home instead of in a homeless shelter is a fond memory for an LRS client.

The client was scheduled to be discharged from a juvenile correctional facility. Her discharge plans included her to be dropped off at a local homeless shelter. These plans, developed and approved by facility case workers, the local county board of developmental disabilities (CBDD) and a local mental health agency were to be implemented at the time of her discharge.

LRS was contacted four days before her release. The youth requested LRS' assistance since she could not return to her home and she did not want to live at the homeless shelter and "celebrate my 18th birthday at the shelter."

Staff from LRS contacted the CBDD and advised them the homeless shelter was not an acceptable option and placement there would expose the youth to serious risk of exploitation and abuse. LRS negotiated with the board for appropriate temporary placement in a respite setting and advocated for an emergency Individual Options waiver which was approved.

The client is satisfied with her living arrangement and proudly reports she receives all A's in school.

Housing Rights Upheld

A client, who was never late with a rent payment and never used a payee through the Social Security Representative Payee program, was required to apply for the program as a condition of her tenancy. Over time she became dissatisfied with how the payee handled her money and the rate charged for this service.

Advocating for herself, she cancelled the payeeship because other residents in the facility did not have a payee and the payee requirement is not in the lease agreement. When the payeeship was cancelled, the client was served an eviction notice. She decided to contact LRS.

LRS negotiated with the landlord who rescinded the notice to vacate. The client currently lives in her apartment where she independently manages her finances.

Change in Mail Delivery Ensures Client's Safety

Retrieving mail from a mail box on the side of a busy street posed serious safety threats to a client who has visual and mobility disabilities. Now the client's mail is delivered directly to her front door after she, with the assistance of LRS, worked with the local postmaster general.

When the postmaster refused the client's original request to have mail delivered to her door, she contacted LRS for assistance. The client and LRS sent a letter to the postmaster requesting hardship delivery, advising the post office of its duties under Section 504 of the Rehabilitation Act. The letter included a statement from a physician documenting the client's disabilities. After receipt of the letter, the postmaster agreed to the accommodation and arranged for delivery of the client's mail to her door.

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Services and Accommodations Secured in Correction Facility

Eleven inmates who are blind or have a visual impairment and are incarcerated in the Ohio Department of Rehabilitation and Corrections (DRC) system are receiving services and accommodation for their disabilities. LRS staff negotiated with the DRC to provide accommodations and vision and vocational services to the inmates.

LRS staff, after receiving complaints from inmates who were denied access to prison programs, assisted the inmates in filing reasonable accommodation requests and appealing DRC denials of those requests. During the appeal process, LRS helped the inmates argue that denial of access to programs and services in the prison was a violation of Title II of the Americans with Disabilities Act. Subsequent negotiations with the DRC resulted in the provision of specific services and accommodations for the inmates.

Services and Accommodations Provided

The DRC, based on the accommodation requests and negotiations, contracted with a local entity to provide vision and vocational services to assure program access to the targeted inmates. The contractor provides evaluations, functional assessments for low vision aids and daily living skills and mobility/orientation training. The contract includes provisions for developing a vocational plan and re-entry assistance to these inmates.

Inmates report that the accommodations and training they receive improve their safety and help them organize and manage routine activities. They describe considerable improvements in communication, mobility and independence.

Without these services, the rights of inmates who are blind or have a visual impairment may be violated if they cannot participate in the same programs and experiences as other inmates. LRS continues to negotiate with the DRC to ensure accommodations and access to programs available at facilities for inmates with disabilities. Representing people with disabilities who claim discrimination or denial of needed accommodations in prisons or jails is one of LRS' priorities in 2010.

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LRS Investigates Representative Payee Concerns

Staff from LRS, in collaboration with the Social Security Administration (SSA) and the National Disability Rights Network (NDRN), are visiting sites to interview people with disabilities who are employed by their representative payee. The purpose of the reviews is to ensure that labor and anti-discrimination laws are being followed.

In federal fiscal year 2010, LRS staff will visit 12 sites in Ohio selected by SSA and interview at least 60 beneficiaries. Summary reports of the visits will be submitted to SSA through NDRN.

If, during the course of a visit, a serious or immediate threat to the health or safety of a beneficiary is found, LRS will take reasonable steps permitted under applicable law to protect the beneficiary and inform NDRN.

Need for the Program

This initiative was prompted by concerns of Congress and SSA about publicized cases of mistreatment of vulnerable beneficiaries who are employed by their representative payee. Because of the urgency of the concern that there may be other beneficiaries being exploited, SSA is teaming with LRS and other state-designated Protection and Advocacy (P&A) systems to conduct a national review of a sample of employers who also serve as a beneficiary's payee.

LRS staff conducting the site visits reviewed resources and participated in an extensive online training on conducting reviews of Social Security representative payees who are also employers of beneficiaries. The training included strategies for interviewing beneficiaries and representative payees and tips for observing workplace and housing safety.

What is a representative payee?

A representative payee is an individual or organization appointed by SSA to receive Social Security and or Supplemental Security Income (SSI) benefits for someone who cannot manage or direct someone else to manage his or her money. The main responsibility of a payee is to use the benefits to pay for the current and foreseeable needs of the beneficiary.

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Integration Cases: An Essential Part of LRS Advocacy

by Kerstin Sjoberg-Witt, LRS Legal Director

Community integration is an important part of LRS' advocacy work. In partnership with clients, LRS staff works to ensure that housing and services are available within the community and that clients have access to services in the least restrictive environment. From negotiation to litigation, LRS works with clients to attain inclusion within the community. Here are some recent success stories where clients were able to remain in the community and obtain the housing and services they needed.

Successful Resolutions

LRS prevented a reduction of the hours of in-home care provided under a home and community based services waiver that an individual needed to live independently. The proposed reduction in hours was based on an unrealistic expectation that the client's girlfriend could provide eight hours of care each day in addition to working a full-time job and taking care of her own needs. LRS represented the client at a state Medicaid hearing and obtained a favorable decision reversing this reduction in hours.

LRS helped a client obtain appropriate housing for her needs. The client needed a ground floor apartment because of her disability, but the landlord refused to allow her to move into one even though there was one available. LRS successfully negotiated with her landlord and obtained the landlord's agreement to allow her to move into the available ground floor apartment.

LRS filed a legal action in federal court seeking an injunction against a Children Services Bureau to prevent removing a child from his foster home of 13 years and placing him into an institution. Through negotiation with the Children Services Bureau, an agreement was reached not to place the child in an institutional setting but to look for an alternative foster home that met his needs.

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NDRN Releases Seclusion and Restraint Report

The National Disability Rights Network (NDRN) released a follow-up report to its January 2009 investigation, "School is Not Supposed to Hurt." The update shows grassroots efforts are soaring and the federal government is beginning to take action, but states have been slow to combat seclusion and restraint practices.

The 2010 report indicates that across Ohio and the nation, there continues to be numerous cases of seclusion and restraint causing severe physical and emotional harm to schoolchildren. "While there is a consensus that seclusion and restraint are not forms of treatment, children continue to be harmed because some states still have no laws or policies and school personnel lack necessary training," said Curt Decker, Executive Director of NDRN, the organization for the federal protection and advocacy (P&A) systems for children and adults with disabilities.

Ohio is a state that has no restrictions on seclusion and restraint in schools. LRS has urged the Ohio Department of Education (ODE) to develop rules regulating restraints, seclusion and aversives. ODE's lack of rules provides little protection for Ohio's children, including those who are most often restrained: children with disabilities. Michael Kirkman, LRS Executive Director, said, "LRS will continue to represent students with disabilities who have been injured and traumatized during incidents of school restraint and seclusion and to press ODE to develop rules."

Read a PDF copy of the report at: School is Not Supposed to Hurt (PDF file)

Seclusion and Restraint Act Passed

The House Education and Labor Committee passed H.R. 4247 out of committee after adopting a substitute bill for the Preventing Harmful Seclusion and Restraint in Schools Act. The Act was passed out of committee by a 34-10 vote. The Act will establish minimum standards that prohibit the use of restraint and seclusion on schoolchildren except when there is immediate danger to the child or others. The Act also requires, among other things, parental notification when a child is restrained or secluded.

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Treatment Facility Placed on Probation

Children and youth in an Ohio children's residential treatment facility have a better understanding of their rights and are protected from potential abusive practices.

The facility, where these individuals receive psychiatric services, was placed on probation by the Ohio Department of Mental Health (ODMH) based on findings in a LRS Ombudsperson Section report.

LRS' investigation was prompted by incident reports indicating the use of force (handcuffs) on youths in the facility. Staff found, after interviewing youths and facility personnel, that residents in the facility did not know their rights or have knowledge of the facility's client rights officer. During the course of the investigation, a variety of other deficiencies were found at the facility:

  • use of chemical restraints
  • use of inappropriate unit restrictions
  • unreported allegations of physical/verbal abuse
  • unreported allegations of sexual abuse

In response to the Ombudsperson Section report, the facility met the plan of correction developed by ODMH and the facility is no longer on probation. The chief executive officer left his position and the facility hired a director of nursing and a child psychiatrist to assist with clinical/ treatment issues and compliance.

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Financial Exploitation Uncovered

An Ombudsperson Section investigation report was delivered to the Ohio Attorney General's Office requesting a review of LRS' findings and pursuit of appropriate remedies, including criminal charges against a facility.

LRS received a complaint alleging two residents in an adult care facility (ACF), licensed by the Ohio Department of Health (ODH) were not receiving mental health services and that their residential supplemental support funds were misappropriated.

LRS investigators found and reported that the ACF operator did not ensure the residents received mental health services and financially exploited the residents by failing to:

  • give the residents monthly spending money,
  • deposit residents' spending money in interest bearing accounts,
  • provide residents with written statements regarding the status of their property/money,
  • inform residents of their monthly fees/charges, and
  • ensure residents had access to their money at all times.

ODH, after reviewing the Ombudsperson Section report, revoked the facility's license and all residents were moved to other facilities.

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LRS Joins Other Advocates to Oppose Air Travel Rule on Service Animals

LRS joined the Bazelon Center for Mental Health Law and other advocacy organizations in submitting comments to the U.S. Department of Justice (DOJ) concerning a rulemaking petition of the Psychiatric Service Dog Society in regard to non-discrimination on the basis of disability in air travel. The petition requested a repeal of final rules that became effective May 13, 2009 and imposed burdensome requirements to airline passengers who use service animals to accommodate a psychiatric disability. These requirements do not apply to passengers who use service animals to accommodate other disabilities.

"We are frankly surprised that the Department has adopted rules that so clearly discriminate. These rules must be changed in order to avoid undue restrictions on travel and unfair, stigmatizing treatment of individuals with mental illness, and to ensure compliance with Section 504 of the Rehabilitation Act," the organizations stated in the comments.

The comments call for the DOJ to modify the regulations to ensure equal treatment of people who use service animals due to mental and physical disabilities. The organizations point out that not only are the rules inappropriately burdensome, they are likely to create a great deal of confusion that will prevent or deter individuals from travelling and, most importantly, the rules reflect unwarranted discrimination against individuals with psychiatric disabilities.

The organizations that joined Bazelon in submitting the comments are: American Association of People with Disabilities, Center for Public Representation, National Disability Rights Network, National Association of Rights Protection and Advocacy, Advocacy, Inc., Disability Law and Advocacy Center of Tennessee, Disability Rights California, Disability Rights Montana, Disability Rights Network of Pennsylvania, Equip for Equality, Massachusetts Disability Law Center, Nebraska Advocacy Services Inc., Ohio Legal Rights Service, Tennessee Fair Housing Council and The Law Project for Psychiatric Rights.

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Project Vote Funds Awarded to LRS

LRS received a Project Vote grant to work with People First of Ohio, the Ohio Disability Vote Coalition and the Ohio Developmental Disabilities Council's Partners in Policymaking. LRS is pleased to partner with self-advocates to educate people with disabilities about their voting rights.

Project Vote is a training designed by people with cognitive disabilities to teach other people with disabilities how to exercise their voting rights. LRS will coordinate a two-day Project Vote train-the-trainer workshop. LRS will also partner with the self-advocate groups that receive the initial training to assist them in planning and implementing at least three other trainings based on the Project Vote model.

Sadie Hunter, executive director of People First of Ohio, said, "The members of People First look forward to participating in the Project Vote training and more importantly are anxious to provide training to their peers throughout the state about their rights in the voting process."

Funding Source

The grant is from the National Technical Assistance Center for Voting and Cognitive Access. The purpose of the Center is to assist Protection and Advocacy (P&A) systems like LRS to ensure voting access for citizens with cognitive and visual disabilities. The Center's national self-advocacy training team has provided Project Vote trainings to P&A systems and self-advocacy organizations for the past six years.

Ohio is one of three states selected to participate in Project Vote in 2010.

The deadline to register to vote in the May 4, 2010 Primary Election is April 5, 2010.

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New Commissioners Appointed

Armond Budish, Speaker, Ohio House of Representatives appointed three new members to the LRS Commission for three-year terms. The new appointees are:

Michael Richards, a small business owner in Greenfield. He is an advocate for Ohioans with disabilities and was a chapter coordinator for People First of Ohio. He sits on several state and local boards and committees and often participates or presents at state and national conferences.

Richards said he is "very excited about joining the Commission to address issues important to people with disabilities."

Peter Sikora, a Judge for the Cuyahoga County Court of Common Pleas, Juvenile Division. He is the past president of the Board of Directors of the Ohio Association of Juvenile and Family Court Judges. Sikora serves on a number of local boards and is a frequent lecturer at professional schools and community groups and makes regular appearances on radio and television programs. He has also authored numerous published opinions.

Sikora said, "I am honored to have been appointed to the LRS Commission by Speaker Budish. I look forward to participating in the important work the Commission does to assure legal services to all Ohioans with disabilities."

Joseph Witalec, an attorney in the Columbus office of the law firm of Jones Day, where his practice focuses primarily on corporate restructurings and reorganizations. As a parent of a child on the autism spectrum, Witalec has personal experience with the obstacles faced by children with disabilities and their families. He also has "a keen interest in the mission of LRS."

Michael Kirkman, executive director of LRS, noted that he is "particularly pleased with the appointments to the Commission. Their personal experiences and input are vital to the charge of the Commission."

Richards, Sikora and Witalec join current Commission members: Chair, Kalpana Yalamanchili (Hilliard), Wayne Cocchi (Columbus), Patrick Risser (Ashland) and Ted Sipes (Bowling Green).

LRS is governed by the seven member Commission. The Chief Justice of the Supreme Court appoints the chairperson. The remaining members are appointed by the President of the Senate, and the Speaker of the House. The Commission appoints and advises the LRS executive director; assists in developing the agency's budget and strategic plan; is part of the agency's grievance process; and establishes general policy guidelines, including guidelines for initiating litigation.

Remaining LRS Commission Meeting Dates for 2010

  • April 5
  • June 7
  • August 2
  • October
  • December 6

The meetings are generally held at the offices of LRS at 50 West Broad Street in Columbus. If you would like to attend a meeting, check the Commission section of the LRS website for meeting times and location.

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Feasibility Study Approved by Commission

The LRS Commissioners, at a special meeting on January 19, 2010, unanimously approved a study that analyzes the feasibility of LRS transitioning to a private, nonprofit organization. A summary of the feasibility study, also approved by the Commissioners, was submitted to Governor Strickland and the leadership of the Ohio General Assembly.

The study concludes that while a transition of LRS' programs is feasible, the Commission finds no compelling reason to recommend such a transition at this time. The report details the arguments for and against a transition, and specifies matters that would need to be addressed in any transition to minimize the potential impact on the delivery of advocacy services to Ohioans with disabilities.

Reason for the Study

Language in the 2010-11 biennial budget bill requires LRS to conduct a feasibility study, evaluate the effects of a potential transition of the agency from a public entity to a nonprofit organization and to submit the findings to the Governor.

Feasibility Study

The LRS Commission established parameters for the study and hired two consultants to conduct the feasibility study. The consultants communicated with nearly 200 individuals who described their experiences with LRS and expressed their opinion about LRS becoming a nonprofit organization. The consultants initially focused on hearing from people with disabilities who used LRS services. Roundtable discussions were facilitated by the consultants in Cincinnati, Toledo, Columbus, Athens and the Cleveland area to gather public input from people with disabilities, their family members and representatives of nonprofit and government agencies.

LRS staff, Commission members and LRS' Protection and Advocacy System for Individuals with Mental Illness (PAIMI) Advisory Council shared their views with the consultants for the feasibility study. In addition, the consultants interviewed officials in the Governor's office and state agencies, individuals at disability related and law-related nonprofit organizations, and representatives from protection and advocacy programs and national associations.

The findings in the feasibility study reflect issues identified at the roundtable discussions and through individual and group interviews. The LRS Commission awaits the decision of the Governor regarding his recommendation for the agency to remain a state agency or to transition to a private, nonprofit organization.

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Funding for LRS and this Newsletter

LRS is funded by grants from:

  • Client Assistance Program (CAP); Rehabilitation Act of 1973 (PL 93-112) as amended; Office of Special Education and Rehabilitative Services of the United States Department of Education.
  • Protection & Advocacy for Individuals with Developmental Disabilities (PADD); Developmental Disabilities Assistance and Bill of Rights Act of 1975 (PL 94-103); Administration for Developmental Disabilities of the United States Department of Health and Human Services.
  • Protection & Advocacy for Assistive Technology (PAAT); Assistive Technology Act of 1998 (PL 105-394); Office of Special Education and Rehabilitative Services of the United States Department of Education.
  • Protection & Advocacy for Individuals with Mental Illness (PAIMI); Protection and Advocacy for Individuals with Mental Illness Act of 1986 (PL 99-319); Center for Mental Health Services United States Department of Health and Human Services.
  • Protection & Advocacy for Beneficiaries of Social Security (PABSS); Ticket to Work and Work Incentives Improvement Act of 1999 (PL 106-170); Work Incentives Planning and Assistance (WIPA) program; Office of Employment Support Programs Social Security Administration.
  • Protection & Advocacy for Individual Rights (PAIR); Rehabilitation Act of 1973 (PL 93-112) as amended; Office of Special Education and Rehabilitative Services of the United States Department of Education.
  • Protection & Advocacy for Individuals with Traumatic Brain Injury (PATBI); Children's Health Act of 2000 (PL 106-310); Maternal Child and Health Bureau of the United States Department of Health and Human Services.
  • Protection & Advocacy for Voting Access (PAVA); Help America Vote Act of 2002 (PL 107-252); Administration for Children and Families of the United States Department of Health and Human Services

And also funding from the State of Ohio General Revenue Fund.

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How to Contact LRS

This newsletter is published by the Legal Rights Service.

Legal Rights Service
50 West Broad Street, Suite 1400
Columbus, Ohio 43215-5923

Telephone 614-466-7264
Toll Free 800-282-9181
TTY 614-728-2553
Toll Free TTY 800-858-3542
FAX 614-644-1888
LRS Web site: http://olrs.ohio.gov

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