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News from Legal Rights Service - July 2010
In this issue:
- Attend LRS' work incentives training
- Court decision limits county boards' authority in guardianship proceedings
- Have you told us what you think?
- Voter education programs empower advocates
- Action and Results: LRS Case Summaries
- Stay Connected!
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Attend LRS' work incentives training
Do you want to work but wonder how it will affect your Social Security benefits? Do you need help in finding a job? Get answers to these questions and more at a free Work Incentive Seminar Event (WISE) hosted by LRS. At the event, you will learn about 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 event is open to beneficiaries of Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).
WISE will be held on Wednesday, July 7, 2010 from 1:00 p.m. to 4:00 p.m. at the Alcohol Drug Addiction and Mental Health Services (ADAMHS) Board of Cuyahoga County, 2012 W. 25th Street, 6th Floor, Buckeye Room in Cleveland. You can register for the event online or call 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.
Community Work Incentive Coordinators and representatives from SSA, employment networks, and LRS will be at WISE to provide training and answer questions.
Learn more about work incentives from the LRS website
LRS provides information about the Ticket to Work program and other work incentives within the Work Incentives Planning and Assistance (WIPA) section of the LRS website. There you will find a list of frequently asked questions and other reference sheets, plus an online tutorial based on the information provided at the WISE event.
LRS is designated by SSA as a WIPA program serving beneficiaries with disabilities of SSI or SSDI in 31 of Ohio's 88 counties.
Court decision limits county boards' authority in guardianship proceedings
The Ohio Supreme Court ruled in the case In re Guardianship of Spangler, that a county board of developmental disabilities does not have authority under the law to file a motion to remove a guardian. The opinion stated that the court may act on its own motion based on information received from the board. The case was sent back to the court of appeals for a ruling on the merits of the appeal of the parents who had been removed as guardians for their son, the LRS client. Read the Supreme Court's opinion (PDF file).
Impact of decision
The decision of In re Guardianship of Spangler clarified the role that a county board of developmental disabilities may play in a guardianship proceeding in probate court. Specifically, the Court expressly stated that a county board does not have the authority to file a motion in the probate court to remove the guardian of an adult adjudicated incompetent and in need of a guardian, even when that adult receives services from the county board. The Court based its decision on the statutory authority granted by the Ohio legislature to county boards. Although a county board often is intimately involved in the provision of services to individuals who may have a guardian, the county board's authority to become involved in guardianship hearings cannot extend beyond the powers expressly granted by law. A county board may file complaints in a probate court to alert the court of abuse, neglect or exploitation of an individual who receives county board services because the Ohio legislature expressly granted that statutory authority to county boards. On the other hand, a county board cannot file a motion to remove that guardian, even if the board believes the guardian is interfering with the individual's services.
While the decision clearly limits a county board's role in a guardianship proceeding, it ultimately allows a probate court to act upon information it receives about a guardian, even if that information came from a county board. Allowing a county board to provide information to a probate court raises concerns about confidentiality. The decision did not address the confidentiality concerns raised by LRS on behalf of its client. A county board is required by law to keep certain information confidential and cannot release information to the public or others without the consent of the individual, or the individual's guardian. Even though the decision did not address this concern, a county board must continue to abide by the law and maintain the confidentiality of information it receives from individuals it serves.
Background
In January 2009, LRS won an appeal challenging the Geauga County Board of Developmental Disabilities' authority to move for removal of Spangler's parent guardians and appointment of Advocacy and Protective Service, Inc. (APSI) as guardian. LRS filed the appeal in Ohio's Eleventh District Court of Appeals on behalf of Spangler, a young adult with multiple disabilities. He wanted his father rather than APSI as his guardian. Read the Eleventh District of the Court of Appeals Decision (PDF file).
LRS continues to provide information to people on their rights in a guardianship proceeding.
More information about guardianship issues, including answers to frequently asked questions, is available in the Guardianship section of the LRS website.
Have you told us what you think?
We are asking people with disabilities, their family members and others to complete a short survey to tell us what disability rights issues are important to them. Over 200 people have responded to the survey since it was introduced in June. If you were one of them, thank you! If you have not taken the survey, please do. It is important that we hear from people with disabilities throughout Ohio.
Your input is important
The survey is designed to identify disability rights issues that are important to people with disabilities. With input from the disability community, we will develop priorities that determine what types of rights violation cases the agency accepts and what advocacy and legal services we provide to people with disabilities.
Help us get the word out
Let others know about the survey by sending them the link to the online survey; posting an announcement on your website or blog; or including information in your newsletter. And if you or your organization want to assist LRS in gathering surveys from people with disabilities, contact Thomas Hemmert at themmert@olrs.state.oh.us or 1-800-282-9181.
Take the survey
- Take the survey online
- Download a PDF version and mail it to us
- Request paper copies from Thomas Hemmert at themmert@olrs.state.oh.us or 1-800-282-9181
Voter education programs empower advocates
LRS is conducting two voter education outreach projects for people with disabilities. The projects educate voters and familiarize them about the electoral process.
Statewide voter training
Thousands of Ohioans with disabilities are learning about their voting rights and procedures at training sessions conducted by LRS staff. At the trainings, people with disabilities are informed about voter registration, absentee ballot requirements and their right to assistance at polling stations.
These trainings are part of an extensive voter education campaign by LRS that targets people with disabilities in 50 small, rural counties. The trainings are held at each county's board of developmental disabilities workshop and a nursing home. Although the training is specifically for people with disabilities, workshop staff, guardians and others can attend.
LRS staff attorney, Kevin Truitt, who conducted a training session, said, "The participants who attended the session at the county board workshop were very engaged and enthusiastic. Their questions and discussions reflected they understood the voting process and were interested in registering and voting."
Self-advocates provide Project Vote training
LRS is also coordinating several additional trainings for self-advocates from People First of Ohio and Partners in Policymaking. These organizations participated in the LRS sponsored Project Vote training so they can inform people with disabilities about their voting rights. Those who attended are now scheduling their own one-day trainings. For more information about Project Vote, see Project Vote Funds Awarded to LRS.
See our Voting section for more information about voter rights.
Action and Results: LRS Case Summaries
LRS provides legal advocacy and rights protection to a wide range of Ohioans with disabilities. The following are summaries of cases represented by LRS. These are just a few examples of the issues LRS resolved in partnership with people with disabilities.
Client wins Medicaid appeal - may be eligible for MBIWD
An LRS client won the right to be evaluated to determine her eligibility for Ohio's Medicaid Buy-In for Workers with Disabilities (MBIWD) program, a program that provides health care coverage to working Ohioans with disabilities. She currently is employed and wants to participate in the MBIWD program so she can access Medicaid health care benefits.
Her initial application was denied because she was not formally determined to have a disability by the Social Security Administration or Ohio Medicaid. Even though an individual is not required to receive Social Security to be eligible for MBIWD, the Ohio Department of Job and Family Services (ODJFS), Ohio's state Medicaid agency, denied the client's application without referring her for a disability determination assessment.
LRS staff attorney, Ronda Cress, represented the client at a state hearing where ODJFS acknowledged it erroneously denied the client's MBIWD application. ODJFS forwarded the client's application to the disability determination unit for review and an initial appointment to evaluate the client was scheduled.
Read more information about the MBIWD program: Medicaid Buy-In for Workers with Disabilities
Curb cuts provide improved access to the community
A person who uses a wheelchair requested and received from her landlord a parking space designated as accessible near her apartment. However, the parking space was not accessible from the sidewalk and the landlord refused to install a curb cut.
LRS supervising attorney Ron Smith, on behalf of the client, negotiated a resolution with the landlord's attorney. A curb cut was made and the client can now safely access her car, allowing her to more fully participate in community activities.
Custom seating for wheelchair allows for integration with peers
An 11-year-old boy is able to participate in art and other recreational activities with his peers as a result of winning a Medicaid state hearing. LRS staff attorney, Kristen Henry, represented the child at a state hearing to appeal Medicaid's denial of a custom seat for his wheelchair. Despite documentation that special seating was necessary or the boy would be required to stay in bed, Medicaid denied the request. The hearing officer ruled in favor of Medicaid and denied the appeal. Henry then requested an administrative appeal on the client's behalf. The administrative appeal officers ruled that the requested seating system was the least costly alternative that met the child's needs, and ordered Medicaid to approve the client's request.
Stay Connected!
Stay up-to-date with the latest news about issues that affect people with disabilities through The Disability Rights Center@Ohio Legal Rights Service. Here are ways you can stay connected:
- LRS website: Visit the LRS website for agency updates, disability news, resources and much more.
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