Disability:Does This Apply to Me?

What About Work?

Karen Prince, MA

Traditional Definition of Disability

Biomedical model – pathology, disorder, dysfunction, or deformity (Smart, 2009).

noun \ˌdis-ə-ˈbi-lə-tē\: a condition (such as an illness or an injury) that damages or limits a person's physical or mental abilities

the condition of being unable to do things in the normal way : the condition of being disabled

http://www.merriam-webster.com/dictionary/disability

Is That The Only Perspective?

No. There are lots of ideas:

– Americans With Disabilities Act (1990)

– Vocational Rehabilitation Programs

– Social Security Administration

– Independent Living Centers

American with Disabilities Act (1990)

A person with a physical or mental impairment that substantially limits one or more major life activity.

– Includes individuals who have a record of such an impairment

– Includes individuals who do not have a disability but are regarded as having a disability.

The ADA makes it unlawful to discriminate against a person with a disability.

http://adata.org/faq/what-definition-disability-under-ada

Vocational Rehabilitation Programs

A person whose disability results in impairments to finding or keeping employment.

Social Security Administration

"Disability" under Social Security is based on inability to work. A person is disabled under Social Security rules if:– They cannot do work they did before;– The person cannot adjust to other work because

of medical condition(s); and– Disability has lasted or is expected to last for at

least one year or to result in death.http://www.ssa.gov/dibplan/dqualify4.htm

Independent Living Centers

Sociopolitical Model – disability is the result of difficulties experienced from reduced opportunity, lowered expectations, and being perceived as a member of a stigmatized category (Smart, 2009).

People with disabilities are underprivileged, unemployed, uneducated, and segregated not because of disability but due to societal and institutional barriers (O’Day, 2006).

So That’s It?

Not really. Disabling conditions are a normal human condition

that can occur in one or many areas:– Mental (examples: IQ level, reading difficulties, learning

difficulties)– Emotional (examples: depression, anxiety, autism)– Physical (examples: asthma, amputation, chronic pain,

mobility impairments)

So Everyone’s Disabled

Sort of All humans are

individuals who are different and excel and struggle in different areas

The environment plays a huge part in how the person is effected

What Does It Matter to Me?

There is a high probability that at some time in life you will become a person with a disability or have a close relation who is a person with a disability.

So What Do I Do About It?

Depends on what you want to do

If you have a disability and have a job and need accommodations to help you handle the job, you are entitled to them under the ADA as long as they do not cause an undue hardship to the employer.

Accommodations

Are wide and varied Resource for

accommodations– Job Accommodation

Network – http://askjan.org/– Disability and Technical

Assistance Centers– http://www.adainformatio

n.org/

Looking For Work

If you are a person with a disability that is interfering with your work or finding work, there are resources available to you.– Vocational Rehabilitation programs– Workforce Center programs– Independent Living Centers– Private Community Rehabilitation programs– Social Security Administration (if receiving benefits)– Veterans Administration (if a veteran)

Looking for Employees

– Vocational Rehabilitation programs

– Workforce Center programs

If you are an employer looking for employees and interested in disability issues there are resources for you as well.

Federal Employment

The Federal government has recognized the need to hire individuals with disabilities and there are several initiatives and special hiring practices.

http://www.eeoc.gov/eeoc/initiatives/lead/

https://www.disability.gov/

Executive Order 13548 -- Increasing Federal Employment of Individuals with Disabilities

http://www.whitehouse.gov/the-press-office/executive-order-increasing-federal-employment-individuals-with-disabilities

Federal Employment

Section 503 of the Rehabilitation Act prohibits federal contractors and subcontractors from discriminating in employment against individuals with disabilities and requires them to take affirmative action to recruit, employ, train, promote, and retain individuals with disabilities.

Among other things, the Final Rules published in September:– Establish a 7% utilization goal for individuals with disabilities;– Require contractors to invite applicants and current employees to

voluntarily self-identify as an individual with a disability; and– Require contractors to maintain several quantitative measurements and

comparisons for the number of individuals with disabilities who apply for jobs and the number of individual with disabilities they hire in order to create greater accountability for employment decisions and practices.

The Final Rules are effective March 24, 2014,

Employment Services

If you are involved with assisting people to find employment and have questions about how to assist people with disabilities with employment issues the resources are available for you as well

Vocational Rehabilitation Programs

Federally funded program available in the United States.

– The person must have a disability that impairs their ability to find or keep employment

– VR is mandated to provide services to eligible individuals

– Services are individualized to the person’s employment goal based on their skills, abilities, interests, and needs related to employment goal

– Can assist employers with accommodations

The Rehabilitation Services Administration (RSA) oversees and funds the grants for State agencies

http://rsa.ed.gov/

Colorado Division of Vocational Rehabilitation (CO DVR)

Eligibility Requirements– The individual has a physical or mental

impairment; and, – The impairment(s) constitutes or results in a

substantial impediment to employment that is consistent with the individual’s abilities and capabilities; and,

– The individual requires vocational rehabilitation services to prepare for, secure, retain or regain employment consistent with his/her unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.

CO DVR Services

Evaluation & diagnostic testing for eligibility

Counseling & guidance

Physical and mental restoration

Specialized services for individuals who are blind, deaf, and deaf-blind– interpreter services– note-taking services– reader services

CO DVR Services

Rehabilitation technology services– assistive technology

devices– assistive technology

services– rehabilitation

engineering services

Placement services Supportive services

– Maintenance– Transportation– personal assistance

services– services to family

members

CO DVR Services

Training services– vocational training– academic training– personal & vocational adjustment training– job coaching– on-the-job training– job-seeking skills training– books, tools, & other training materials;

CO DVR

Referrals/Applying/Assistance You can refer a person, or apply, or seek

assistance/consultation with DVR by calling– 303-866-4150– 866-870-4595

Or by looking up and contacting the local office by zip code at: http://www.dvrcolorado.com/locations.php

CO DVR

For further information on CO DVR and to watch an introductory video, go to:

http://www.dvrcolorado.com/index.php

Workforce Centers

Available in every State in the Nation

Assists all job seekers with employment solutions

Assists employers to find employees

Colorado Workforce Centers

Workforce Centers across the state of Colorado serve job seekers, employers and employees by providing a wide array of employment and training services at no charge.

http://www.colorado.gov/cs/Satellite/CDLE-EmployTrain/CDLE/1248095319018

CO Workforce Services

Job listings Computer & internet access Career counseling & training for job seekers Recruitment of workers, pre-screening &

referral services Tax credits and training reimbursement for

employers

CO Workforce CenterServices & Programs

Apprenticeships Career Ready

Colorado Certificate E3 Job Fair Federal Bonding E-Colorado Migrant Seasonal

Farm Workers

My Skills My Future Tax Credits Trade Act Veterans’ Services Workforce

Investment Act (WIA) Programs

Youth Employment

CO Workforce Center

For further information on CO Workforce centers and to watch an introductory video for employers or job seeks go to:

http://www.colorado.gov/cs/Satellite/CDLE-EmployTrain/CDLE/1248095319014

Independent Living Center

Work with individuals with disabilities in all aspects of living on their own.

– Classes on independent living– Peer support– Personal Assistance programs– Transportation issues– Housing issues– Employment

Independent Living Centers Services

Mandated by Federal law to provide:– Information & referral– Individual & systems

advocacy– Independent living skills

training– Cross disability peer

counseling http://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html

Independent Living Centers Services

May also provide:– Counseling– Housing– Rehabilitation

technology– Mobility training– Interpreter & reader

services

– Personal assistance services

– Community resource guides & directories

– Transportation– Consumer

information programs

CO Independent Living Centers

For further information on CO Independent Living centers and to find your local center go to:

http://coloradosilc.org/?page_id=131

Private Community Rehabilitation Programs

Private Community Rehabilitation Programs usually provide services for a fee

What are the Services Provided by These Agencies?

medical, psychiatric, psychological, social, and vocational services

testing, fitting, or training in the use of prosthetic and orthotic devices

recreational therapy physical and occupational therapy speech, language, and hearing

therapy psychiatric, psychological, and

social services, including positive behavior management

assessment for determining eligibility and vocational rehabilitation needs

rehabilitation technology

job development, placement, and retention services

evaluation or control of specific disabilities

orientation and mobility services for individuals who are blind

extended employment psychosocial rehabilitation services supported employment services

and extended services services to family members when

necessary to the vocational rehabilitation of the individual

personal assistance services

Social Security Administration

SSA has programs to assist individuals receiving benefits to return to work and leave SSA benefits

– Ticket to Work (TTW)– Plan to Achieve Self

Sufficiency (PASS)

Ticket to Work

TTW provides beneficiaries with the ability to ‘purchase’ services from an Employment Network (EN) to return to work

– ENs are community rehab programs who have contracted with SSA to provide services to individuals with a Ticket. ENs cannot charge their clients for services.

– State Vocational Rehabilitation programs are ENs– Some Workforce Centers and Independent Living Centers

are ENs

TTW

Benefits of using the Ticket– Protection from Medical Continuing Disability

Reviews– Medicare coverage while employed– Expedited return to benefits if unable to continue

working– Opportunity to earn more than disability payments

alone– Trial Work period

TTW

‘I receive SSA benefits but don’t have a Ticket’

– You do if you are between the age of 18 and 64 receiving cash benefits.

– You don’t receive an actual paper ‘ticket’

– To find an EN, go to http://www.chooseworkttw.net/

TTW

https://www.chooseworkttw.net/wise/jsp/wise.jsp

For additional information about participating in TTW as a beneficiary or to attend a Work Incentive Seminar Event (WISE) go to:

TTW – I want to be an EN

As an EN you can provide services to beneficiaries to find employment and receive payment from SSA

As an employer of a Ticket holder you can sign up to be an EN and have some of your employee cost reimbursed

TTW – I want to be an EN

Benefits of becoming an Employment Network (EN)– If you are already providing employment services

you can gain access to additional funding– You can increase your business by providing

services to people receiving SSA benefits.– You can hire Ticket holders and receive the Ticket

payments

https://yourtickettowork.com/web/ttw/pen-why-become-an-employment-network

TTW – I want to be an EN

For additional resources and information contact:

https://yourtickettowork.com/web/ttw/pen-home

Plan to Achieve Self Sufficiency

Individuals receiving SSA benefits are able to set aside a portion of their monthly income to use towards self sufficiency goals

– Examples:– School tuition– Transportation– http://www.socialsecurity.gov/disabilityresearch/wi/

pass.htm

Colorado Division of Veterans Affairs

The CO Division of Veterans Affairs has many services including specialized Vocational Rehabilitation services

http://vets.dmva.state.co.us:8000/

Veteran Affairs(VA)

The VA provides Vocational Rehabilitation & Employment (VR & E) services to Service members and Veterans similar to State VR, but specialized to the military situations

http://www.vba.va.gov/bln/vre/

Now What?

Ok I Think I Have a Disability – Do I tell my employer or prospective employer?

– Do you need an accommodation?

Then yes, tell them and ask for the accommodation you need

– Do you need time off to attend medical appointments?

If yes, that in and of itself is an accommodation.

Remember this is your private information and is up to you to disclose or not.

Questions

Contact Information

If you have further questions or would like to provide feedback:

Karen Prince http://www.linkedin.com/

profile/view?id=106036259&trk=nav_responsive_tab_profile

karenkp@msn.com

References

Americans with Disability Act. (2013). http://adata.org/faq/what-definition-disability-under-ada Colorado Division of Veterans Affairs. (2013). http://vets.dmva.state.co.us:8000/ Colorado Division of Vocational Rehabilitation. (2013). http://www.dvrcolorado.com Colorado Workforce Centers. (2013).

http://www.colorado.gov/cs/Satellite/CDLE-EmployTrain/CDLE/1248095319018 Merriam Webster dictionary. (2013). http://www.merriam-webster.com/dictionary/disability O’Day, B. (2006). Centers for independent living: Advocates for disability rights. Community Development,

37, (3), 4-12. Rehabilitation Services Administration. (2013). http://rsa.ed.gov/ Smart, J. (2009). The power of models of disability. Journal of Rehabilitation, 75, (2), 3-11. Social Security Administration. (2013). http://www.ssa.gov/dibplan/dqualify4.htm Ticket to Work. (2013). https://yourtickettowork.com/web/ttw/pen-why-become-an-employment-network United States Department of Education. (2013). http://www2.ed.gov/policy/fund/reg/edgarReg/edgar.html United States Department of Veterans Affairs. (2013). http://www.vba.va.gov/bln/vre