News from LRS - January 2012

News from LRS is the monthly newsletter from the Ohio Legal Rights Services (LRS) providing information and updates about case work and activities of LRS, and other disability-related news.

In this issue:

Voter registration deadline nears; Early voting begins for March Primary
LRS launches online voter education tutorial
LRS' petition to appoint counsel granted in guardianship review case
LRS submits comments on rules that impact people with disabilities
Action and results: Case summaries
Free tax preparation assistance through the Ohio Benefit Bank

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Voter registration deadline nears; Early voting begins for March Primary

The deadline to register to vote for the March 6, 2012 Primary Election is Monday, February 6. You can register to vote in person at any of these places:

Agencies that provide public assistance or disability programs
Public libraries
Public high schools or vocational schools
County board of elections
Any deputy registrar of the Ohio Bureau of Motor Vehicles
The Office of the Ohio Secretary of State
County treasurers' offices

You can also print a Voter Registration Form from the Ohio Secretary of State's website and register by mail. The envelope must be postmarked by 30 days before the election. This is also the form to use if you have a change of name or address.

For more information on registering to vote, see LRS' Register to Vote Frequently Asked Questions.

Early voting begins January 31

Early voting in Ohio for the Primary Election begins on Tuesday, January 31. In order to vote early, you must request an absentee ballot from your county board of elections. If you already requested an absentee ballot, it will be mailed to you sometime on or after January 31.

If you have not requested an absentee ballot and would like one, you still have time. Your request must be received in writing by your county board of elections by noon on Saturday, March 3. However, the Ohio Secretary of State (SOS) recommends you submit your request as soon as possible to ensure there is sufficient time for the board to mail you a ballot and for you to return the ballot. For more information see the Voting Absentee section of the SOS website.

Once you receive your absentee ballot, you can either mail it back or deliver it in person to your county board of elections. If returning your ballot in person, take it to your county board of elections by 6:00 p.m. on March 2. Locations and regular business hours for in-person absentee voting vary from county to county. Check with your county board of elections for details.

If returning by mail, your marked ballot must either be received by your county board of elections prior to the close of the polls on Election Day, or postmarked no later than the day before the election and received by the board of elections no later than 10 days after the election.

For more information, read LRS' online article on Early Voting or visit the Elections and Voting section of the SOS website.

LRS launches online voter education tutorial

People with disabilities can learn about the importance of their right to vote and how the voting process works by taking LRS' latest online tutorial, Project Vote Online Voter Education Tool Kit. This self-paced online training program provides people with disabilities the information they need to exercise their right to vote. Before launching the tutorial, LRS worked with ELP Consulting and People First of Ohio to identify people with various types of disabilities to test the tutorial. Nine people conducted reviews to make sure the information was easy to understand and the tutorial was accessible. LRS appreciates the valuable feedback provided by these individuals.

Topics covered in the Project Vote tutorial include:

How voting fits into a person's life.
How to register to vote, including a step-by-step process of how to complete a registration form.
How to learn about candidates and issues.
How to vote, including different types of voting machines and how to vote early.
Information about voting rights and how to overcome barriers to voting.
How to become involved and educate others about their voting rights.

The tutorial includes a downloadable Workbook for people to use to complete exercises and take notes.

About Project Vote

The information for this online Tool Kit was adapted from the Project Vote Voter Education Tool Kit created by the National Center for Self Determination & 21st Century Leadership; Moore Advocacy Consulting; Oklahoma People First, RRTC on Aging and Developmental Disabilities University of Illinois at Chicago; Self-Advocates Becoming Empowered (S.A.B.E.). The two-day, interactive training was designed by people with cognitive disabilities to teach people with disabilities about their voting rights and to empower them to become Project Vote trainers.

Permission to use the Project Vote materials was granted by The National Technical Assistance Center for Voting and Cognitive Access. Funding for the Project Vote Voter Education Tool Kit was provided by the U.S. Department of Health and Human Services, Administration on Children and Families, Administration on Developmental Disabilities under a grant from the Help America Vote Act.

LRS' Online Learning Center

The Online Voter Education Tool Kit is found at LRS' Online Learning Center. Other tutorials available are "Special Education and the Juvenile Justice System" which provides information for those working with students with disabilities in the juvenile justice system and "Work Incentives Seminar Event (WISE)" which provides information for Social Security beneficiaries who want to return to work.

LRS' petition to appoint counsel granted in guardianship review case

The Eighth Appellate District (8th District) Court of Ohio for the County of Cuyahoga granted an Alternative Writ of Mandamus on behalf of an LRS client who requested, but has not been granted legal counsel by the Court of Common Pleas for Cuyahoga County, Probate Division for a guardianship review hearing. The Court ordered the Probate Court to appoint counsel or show just cause why counsel would not be appointed by the date of the hearing. The hearing was stayed pending final ruling by the Court of Appeals on this mandamus action. The Probate Court showed cause (elected to litigate this case) which will now be heard by the Court of Appeals.

LRS originally assisted the client to ask the Probate Court for a hearing to evaluate the continued necessity of his guardianship and to appoint counsel to represent him at the hearing. Although the Probate Court previously determined the client was indigent (cannot afford an attorney), the Court has not granted his request.

LRS requested the 8th District to move at an expedited manner to rule on this request since the hearing was to be held soon. LRS stated if the client proceeds to a review hearing without counsel, he could lose his right to a review hearing for another year. LRS argued that the law requires the Probate Court to provide counsel for the client as soon as possible so that counsel would have time before the hearing to adequately prepare for the client's case.

Cases like this are a long-standing issue that LRS has seen through its representation of clients in similar situations in Cuyahoga County. The Probate Court is willing to appoint counsel for individuals unable to afford an attorney during initial guardianship hearings, but refuses to do so for review hearings. LRS argues this violates the provisions of R.C. 2111.49(C) and 2111.02, which read together, require appointment of counsel.

For more information:

LRS submits comments on rules that impact people with disabilities

As the federal protection and advocacy system, it is in the interest of LRS, in concert with people with disabilities, to monitor public policy issues and to comment on proposed rules and legislative initiatives in order to protect the rights of individuals with disabilities. The following are summaries of comments submitted in January by LRS to various state agencies.

The need for adequate representation in civil commitment proceedings

The Ohio Department of Mental Health (ODMH) proposed revisions to an administrative rule on how court costs, fees and expenses are paid and reimbursements processed by ODMH. LRS recommends that ODMH revise the rule to ensure that payment to appointed counsel and other costs related to representation of individuals in civil commitment proceedings be prioritized for payment over other allowable costs and that ODMH should include a requirement that attorneys complete a training or certification process in order to receive funds under the rule. In addition, LRS recommends that ODMH specify a fee schedule for trained and certified counsel.

LRS, as evidenced through the number of calls to its Intake department and case representation is concerned that individuals in civil commitment proceedings receive inadequate representation by appointed counsel. The lack of diligent and ethical conduct on the part of these attorneys is caused in part by the absence of any statewide standards for training or experience and by the lack of any uniform payment schedule.

LRS is required by statute to assure all persons who are detained, hospitalized, discharged or institutionalized are fully informed of their rights and adequately represented by counsel in court proceedings.

A public hearing on the proposed rule is scheduled in early February.

Read LRS' comments: Comments submitted to ODMH (PDF file)

Preventing unlawful payment for vocational services

The Ohio Rehabilitation Services Commission (RSC) proposed several rules on the establishment of a fee schedule for vocational rehabilitation services. LRS provided recommendations to ensure that the rules are in compliance with relevant laws and administrative procedures. LRS recommended the inclusion of language that individuals who receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits cannot be forced to pay for vocational rehabilitation services consistent with federal law.

LRS stated the establishment of the proposed fee schedule and related program standards for vocational services in rule is a first step toward providing improved transparency, efficiency and accountability throughout the RSC system.

RSC has since re-filed the rule.

Read LRS' comments: Comments on RSC's proposed ruled (PDF file)

Speech Generating Device rule contains numerous concerns

LRS submitted comments to the Ohio Department of Job and Family Services (ODJFS) on a proposed rule dealing with speech generating devices (SGD). LRS identified serious substantive and process-related concerns and requested that the rule be placed in "to be re-filed" status to address those concerns. LRS stated that failure to address the conflicts and inconsistencies in the rule and its related forms will undoubtedly lead to a further trend of needless delays and inappropriate denial of requests for Medicaid coverage of SGD in violation of federal law. LRS recommended that ODJFS:

Hold meaningful interested party meetings and consider additional stakeholder recommendations.
Establish a transparent, consistent and user-friendly process that limits the prior authorization staff's authority to determine whether documents submitted from treating professionals are sufficient to determining medical necessity.
Develop a uniform set of forms to clearly assist ODJFS in making a medical necessity determination.

Read the comments: LRS Public Hearing Comments on the Proposed Speech Generating Device Rule 5101:3-10-24 (PDF file)

LRS assists clients in terminating guardianships

LRS represented two sisters who were requesting a guardianship review hearing because both felt that a guardianship was no longer necessary. LRS filed a motion for each client, stating that they were entitled to a hearing to evaluate the continued necessity of their guardianship and submitted documentation in support of the clients' abilities to care for themselves and make their own decisions.

After a hearing, the Probate Court ruled the guardianships were no longer needed and that the guardian had failed to provide clear and convincing evidence of the need for the continuation of the guardianships. The guardianships were terminated.

LRS' intervention assures fair admissions process

After disclosing her disability during a financial aid interview for a cosmetology school, a client was told she needed a letter from her therapist before she could begin taking classes. The client felt the interviewer was discriminating against her and contacted LRS for assistance. An LRS attorney negotiated with the director of the school who agreed not to require the letter as part of the client's admission requirements to the program. The client received a fair admissions process and was accepted to the school's program.

Student receives accommodation and equal access to school's curriculum

LRS assisted a student who was having difficulty negotiating with his school district to receive an accommodation that would allow him to receive the same level of instruction as other students. The student, who is deaf, had been using an FM listening system throughout high school to receive instruction, but realized that he was still missing large portions of instruction. He requested a transcription service but the school district refused his request.

An LRS attorney negotiated with the school district to include transcription services in the student's Individualized Education Program (IEP) as part of his transition plan since he will be graduating this year and going to college where he will use these same services. The student now receives speech to text services through the provider of his choice and has equal access to instruction in all his classes.

Free tax preparation assistance through the Ohio Benefit Bank

Do you need help preparing your taxes? The Ohio Benefit Bank (OBB) may be able to help. Trained volunteer tax counselors are available to provide free tax filing assistance at OBB locations throughout Ohio to eligible individuals, which are generally people living in households that make under $60,000. Qualifying individuals can also use the OBB's online services at The Benefit Bank Self-Serve Ohio.

Earned Income Tax Credit

The Internal Revenue Service (IRS) reports that many people with disabilities or people who have children with disabilities qualify for the Earned Income Tax Credit (EITC), but do not know about or claim the credit. OBB tax counselors can help you with determining whether you are eligible for the EITC. If you are employed and your income level qualifies for the EITC, you can save as much as $5,571 depending on income, marital status and number of children. For more information, visit the IRS EITC website where you will find answers to frequently asked question, an online tool to see if you qualify, and information specific to people with disabilities.

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