News from Legal Rights Service - March 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:

LRS provides budget testimony
LRS and NAMI Ohio advocate for better reporting
LRS releases 2010 Annual Report
LRS raises issues with Photo ID bill
LRS convenes work incentives training
Action and Results: Case Summaries
Tax preparation resources

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LRS provides budget testimony

LRS Executive Director, Michael Kirkman, provided testimony before the Health and Human Services Subcommittee of the House Finance and Appropriations Committee on House Bill 153. The majority of the testimony focused on a provision in the proposed budget that reflects the agreement between the Governor's Administration and the LRS Commission and staff to transition the agency to a nonprofit organization.

Kirkman provided members of the Committee with a brief history of the agency and the transition study which was completed in January 2010 as part of the last biennial budget. Kirkman concluded his testimony by stating, "the transition is not only feasible, but can result in new vigor and independence for the P&A [Protection and Advocacy system] and CAP [Client Assistance Program] for Ohioans with disabilities" and that LRS and its Commission are committed to the transition, and to ensuring that it results in the strongest services for LRS' clients.

The transfer of the agency's staff and functions, including the federal redesignation process as specified in federal law, will be concluded no later than September 30, 2012. In the mean time, the budget fully funds the agency, including State of Ohio General Revenue Fund dollars at approximately the same level as the current fiscal year, through that date.

Read the testimony: Testimony of the Ohio Legal Rights Service (PDF file)

LRS and NAMI Ohio advocate for better reporting

LRS and the National Alliance on Mental Illness of Ohio (NAMI Ohio) submitted a letter to Traci Plouck, director of the Ohio Department of Mental Health (ODMH), regarding concerns with proposed changes to Department of Mental Health rules related to incident reports and the use of seclusion and restraints.

LRS and NAMI Ohio stated in its joint letter that for many years, both organizations have advocated for significant changes in the reporting of incident reports, adding "We do not believe that the current system of reporting seclusion and restraint incidents every six months protects a child's rights, ensures his or her personal safety, or provides sufficient oversight by any governing body." LRS and NAMI Ohio recommended that all episodes of seclusion and restraint that occur in a children's residential treatment facility should be submitted to ODMH within 24-hours to ensure appropriate monitoring and follow-up.

Although the rules cleared the Joint Committee on Agency Rule Review, LRS and NAMI Ohio were successful in getting several important changes to protect the rights of children. LRS and NAMI Ohio will continue to advocate to ensure the safety and well-being of children in residential treatment facilities.

Read the letter: Joint Letter from LRS and NAMI Ohio to ODMH (PDF file)

LRS releases 2010 Annual Report

2010 Annual Report

Read LRS' 2010 Annual Report to learn about the agency's accomplishments in protecting individual rights to assure that Ohioans with disabilities gain equality of opportunity, full participation, independent living and economic self-sufficiency. The report features several successful case outcomes of clients and the LRS attorneys and advocates who partnered with them to resolve complaints of discrimination and violations of their rights. A brief overview of the agency, summary demographic data about LRS clients and a fiscal review of general expenses and income are included in the report.

Read the report: LRS Annual Report Oct. 2009 - Sept. 2010

LRS raises issues with Photo ID bill

House Bill (H.B.) 159 was recently introduced in the Ohio House of Representatives. If enacted, the bill will require anyone voting at Ohio polls to present a photo identification (ID) before casting a ballot. H.B. 159 would eliminate currently acceptable forms of ID, including out of state licenses, voter registration cards, notices from the election authority, utility bills, bank statements or other government documents that can effectively verify identity.

As proposed, H.B. 159 may violate the Americans with Disabilities Act (ADA) and the Help America Vote Act (HAVA). This would have a detrimental and likely unlawful discriminatory impact on Ohioans with disabilities since many people with disabilities live below the federal poverty level, and studies show that at least 15% of voting-age citizens who are poor do not have a current government-issued photo ID. Many residents of facilities, such as nursing homes and intermediate care facilities for people with developmental disabilities, do not have photo IDs. These individuals face insurmountable barriers to securing a birth certificate or other document needed for photo identification. These barriers can result from the disability, and/or transportation and economic limitations. With the passage of this bill, people with disabilities undoubtedly will be unable to secure additional documentation, such as a birth certificate or other document needed to obtain a photo ID and this in turn will deny them of their fundamental right to cast a ballot.

A recent federal court decision demonstrates the need for state and local governmental entities to accommodate people with disabilities when developing policies or procedures that impact voting. H.B. 159 fails to include any of the potential costs that would be required to comply with the ADA and HAVA. There would be costs of providing reasonable accommodations to assist people with disabilities to obtain the necessary documentation. These costs would revert to a public entity such as the Secretary of State, boards of elections, or bureaus of motor vehicles.

LRS also questions whether requiring photo identification at polling places is a solution to guarding against voter fraud given that more effective efforts are already underway to address the issue of voter fraud. Currently, the Ohio Secretary of State is seeking authority to develop a Statewide Voter Database to cross check voter information files against the Bureau of Motor Vehicles, the Ohio Department of Health, Social Security death files, and the departments of Job and Family Services and Rehabilitation and Corrections.

LRS convenes work incentives training

Calvin Daniels, LRS disability rights advocate presents at the Work Incentives Seminar Event

Beneficiaries of Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), their family members and others learned about employment incentives at a Work Incentive Seminar Event (WISE) held at the Ability Center of Greater Toledo on March 30th.

LRS Community Work Incentive Coordinators (CWIC), and representatives from the Social Security Administration (SSA) and employment networks (EN) provided the training and responded to questions about employment and benefits. The attendees also learned about the SSA's Ticket to Work program and other programs designed to help a person go to work for the first time, return to work or reach other employment goals.

"At the training events, we provide a broad overview of work incentives," said Calvin Daniels, disability rights advocate from LRS. "The most valuable part of the training, however, is the one-on-one sessions with individual recipients who can ask specific questions directed to the Social Security Employment Team: CWICs, ENs, PASS Cadre and the Protection and Advocacy system," he added.

Toledo was the fourth WISE training organized by LRS. Several additional trainings will be scheduled for this year.

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. Go to: Work Incentives Planning and Assistance (WIPA) Program

LRS successfully advocated on behalf of a resident in an intermedicate care facility to plan and take a vacation on his own after receiving a complaint that the facility was planning a group vacation but was excluding him. The client had expressed to LRS a desire to plan his own vacation. LRS attended an Individual Plan meeting and goals were established to enable the individual to plan his own vacation in the near future.
An LRS attorney successfully represented an individual who was requesting a waiver of a Social Security Disability Income overpayment. The client contacted LRS after receiving notice that all her Social Security benefits would stop and that she owed $44,000 as repayment for benefits she received. Staff at Social Security reviewed documents submitted by LRS and agreed to waive the overpayment. LRS also assisted the person with completing an application for Supplement Security Income (SSI) benefits. The individual currently receives SSI benefits and is enrolled in a job training program funded by the Bureau of Vocational Rehabilitation.
An individual at a correctional facility now has access to services and programs in the facility and can finally visit with his family and friends during visitation hours. Architectural changes were made after LRS informed the facility that the Americans with Disabilities Act requires the facility to accommodate individuals with disabilities. After LRS' intervention, the facility changed some practices providing a safer environment and giving the person more freedom to move within the facility to access services available to all other inmates.
LRS effectively represented an individual who was voluntarily admitted by his guardian to a regional psychiatric hospital operated by the Ohio Department of Mental Health. The hospital failed to respond to his requests to leave or to file an affidavit with the probate court to continue his hospitalization. When the individual filed another 3-day letter, the hospital filed an affidavit in probate court for judicial/involuntary hospitalization. An LRS attorney representing the client filed a motion in the court to dismiss the probate court proceedings based on the 3-day letters that were submitted earlier and the hospital's failure to respond to them. The magistrate granted the motion and the client was released from the hospital later that afternoon.

Tax preparation resources

The deadline to file your taxes - April 18 - is quickly approaching. The Internal Revenue Service (IRS) and other organizations have several resources to help people with disabilities complete and file their 2010 tax returns.

IRS online publications

Read publications written by the IRS that are specific to situations that may affect people with disabilities.

Earned Income Tax Credit (EITC) resources

The IRS reports that people with disabilities continue to leave millions of dollars in EITC unclaimed each year. The EITC is a refundable federal income tax credit for working individuals and families with low to moderate incomes. To learn more about the EITC:

EITC Questions and Answers
EITC Assistant Tool
Earned Income Tax Credit (YouTube video)

Help with preparing and filing taxes

Volunteer Income Tax Assistance Program (VITA): The IRS offers free tax return preparation services through VITA for people with low to moderate incomes and Tax Counseling for the Elderly (TCE). To locate the nearest VITA site, call 1-800-906-9887. For more information on TCE, call 1-800-829-1040.

The Ohio Benefit Bank (OBB): Free tax preparation help is available at OBB sites located in 87 of Ohio's 88 counties. The sites have trained counselors who will help individuals who qualify for OBB services prepare and file federal and Ohio income tax returns. Free income tax assistance is also available through the Benefit Bank Self-Serve Ohio or you can call the OBB information hotline at 800-648-1176 for more information.

Free File: This is a service through the IRS that provides federal tax preparation and e-file options for all taxpayers. Free File is available online 24 hours a day, 7 days a week. See also these IRS YouTube videos for more information:

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