Tuesday, January 25, 2011
December 2010 Disability Employment Statistics Released
The U.S. Department of Labor's Bureau of Labor Statistics has released disability employment statistics for December showing that the percentage of people with disabilities in the labor force was 21.0. By comparison, the percentage of persons with no disability in the labor force was 69.6. The unemployment rate for those with disabilities was 14.3 percent, compared with 8.9 percent for persons with no disability, not seasonally adjusted.
A Justice Department disability rights pioneer
The Partnership for Public Service
Monday, January 24, 2011; 11:53 AMJohn Wodatch may be anonymous to most Americans, but the Department of Justice attorney has been a pivotal behind-the-scenes player during the past four decades in breaking down discriminatory barriers for tens of millions of people with disabilities.
Now chief of the department's disability rights section, Wodatch wrote the first federal disability rights regulations in the 1970s, played an important part in drafting the 1990 Americans with Disabilities Act (ADA) and its implementing rules, and since then has been devoted to enforcing the landmark law.
"Every piece of federal disability rights law that exists today is there because of John Wodatch," said Sam Bagenstos, the principal deputy assistant attorney general in the Justice Department's Civil Rights Division.
"He is a real hero of the disability rights movement, and a hero of government service," said Bagenstos. "He is a demonstration of what a committed person can do in government."
After passage of the ADA, Wodatch established the Justice Department section responsible for enforcing the law and has shaped the department's approach for two decades.
Through litigation and settlements, Wodatch's efforts have resulted in the removal of discriminatory barriers in a wide variety of settings, including employment, housing, public transportation, hotels, restaurants, theaters, health care facilities, retail stories, sports arenas, day care centers, nursing homes and hospitals.
Wodatch said he has sought to use persuasion and reason combined with the power of the legal system "to make the promise of the Americans with Disabilities Act a reality" and "to spur the social change necessary to open up every day American life for people with disabilities."
He said the success in enforcing the ADA and the "steady progress that we make each day for persons with disabilities in this country, whether achieving results for one person or systemic change," has been "the source of personal satisfaction of a career in public service."
"I really love my job," he said.
Wodatch began his career at the old Department of Health, Education and Welfare in 1969, where he worked on a number of racial discrimination cases. These included employment discrimination cases and lawsuits in Alabama and Mississippi where hospitals were segregating the blood supply by the race of the donor.
He also was involved in writing the rules to carry out Title IX of the Education Amendments of 1972, a law that barred discrimination on the basis of sex under any education program or activity receiving federal financial assistance. This law broke down the barriers to the full participation of women in high school and collegiate athletics.
Wodatch's involvement in disability rights came after Congress approved the Rehabilitation Act of 1973, a law that prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance and in federal employment. He wrote the rules to implement this law, was involved in its enforcement and over time became one of the government's primary experts.
WE ARE FACING AN UNPRECEDENTED CRISIS IN IDAHO!
To: Idaho Legislature and Governor
We are Idaho taxpayers. We are very thankful that Idaho taxpayers have invested in Medicaid to ensure that vital home and community based services are provided in Idaho. And we are thankful that America provides a generous match (more than double) for every dollar that Idaho invests.
Our families and businesses have been hurt by past holdbacks and cuts to Medicaid-funded services. Further cuts will create devastating economic consequences. Therefore we support a tax increase if it is necessary to prevent further cuts in Medicaid in Idaho.
[Note: Personal calls to legislators have an impact, too. If you are willing to call your legislator, please note that below along with your preferred phone number]
Sincerely,
Thursday, January 20, 2011
Service cuts will hurt
Service cuts will hurt
Low taxes diminish transportation and education programs
- email the authorPublished: 01/14/2011
The New Year has rolled in and with it new state budget cuts. This should not come as any sort of surprise. After the repeal of candy, bottled water and soda taxes in November, cuts to social programs were unavoidable.
While some of the cuts came from a 3 percent reduction from government employee salaries, most of the cuts were to public services like education, disability and unemployment benefits, according to the Puget Sound Business Journal. There is nothing wrong with cuts to services. They are a completely acceptable means of balancing a budget, but what astounds me is the complete lack of insight from voters.
Ferry employees frustrated by the decision to stop certain routes and hike prices have started a petition. This shocking denial of reality is beyond belief, emphasized by the fact that the ferry employees are calling for a statewide tax to support the system.
This system, necessary to western Washington residents, costs more to the state than its revenues can cover. It is therefore ludicrous to argue that residents in Spokane should be required to pay for a service they do not even have access to. Gregoire, on the other hand, calls for a tax district which only includes the nine counties serviced by ferries, according to The Enterprise — a perfectly reasonable request.
The cuts to education, particularly for K-12, could bring anyone concerned for the future of our state to tears. Particularly disturbing to me is the suspension of teacher salary increases during the next few years.
A beginning teacher’s salary is around $40,000 per year, according to the Office of the Superintendent of Public Instruction — about the same pay grade as a manager of McDonald’s. In the past, teachers banked on a significant pay raise each year, which will now be suspended for at least two years. This is unacceptable if we desire any standard of education for our children. No one will look to enter the education profession when they may have a better future working for a fast food chain.
The decision to cut social programs instead of living with higher taxes is not a surprising one. It is based on normal human reaction — when faced with the issue of now or later, humans think in terms of instant gratification and ignore the possible consequences of the future.
We must not be ignorant of this decision for it will have consequences. For example, these cuts will affect the public services we see every day, not some invisible branch of bureaucracy sucking up funds.
Cuts will be made to organizations we tend to dismiss every day. Maybe your bus will stop showing up on time to get you to class, your parks will get run down with beer cans and used condoms and you will be forced to suffer the DOL line for twice as long. The more our state is forced to reduce in spending, the greater the inconvenience and loss of the programs we count on every day.
The next time your tire pops due to a pot hole on B street that has not been taken care of due to budget cuts, instead of blaming the inefficiency of government, think of the overworked and underpaid construction worker who is unable to keep up with the demand. Realize the decisions made in November have avalanched into the outcome we must now suffer through.
Tuesday, January 18, 2011
Portable Eye-controlled Computer and Communication Device
Tobii Assistive Technology Inc. said its portable eye-controlled computer and communication device are among items featured in a new exhibit at theComputer History Museum in Mountain View, Calif.
With offices in Dedham, Tobii ATI develops eye-tracking and speech-technology solutions for people with disabilities. Instead of a keyboard and mouse, a person with a disability can simply use their gaze to type out words to turn into speech, or connect with others through e-mail, Facebook, and the Internet, the company said of its products.
“Our curatorial staff hand-picked Tobii ATI’s eye-controlled computer for the exhibit as it represents a revolution that has and will continue to change our lives for decades to come,” said John Hollar, president and chief executive of the Computer History Museum, said in a statement.
Living with a disability? Explore your tax options
Sometimes tax season can feel a little like the movie Groundhog Day - I know I am going to experience similar events around the same time and occasionally a new problem gets thrown at me to keep it interesting.
Every year I find a new client who should be claiming the Disability Tax Credit (DTC) but is not. Some people just don't know the credit is available, but more often they think it doesn't apply to them.
According to a recent federal report, one in seven Canadians lives with a disability. But only 500,000 Canadians claimed the DTC in 2009.
The credit was created to help with some of the additional expenses of everyday living and medical equipment, and the credit is often overlooked because people don't think they qualify.
But it is better to ask rather than assume it doesn't apply to you.
A disability is a severe impairment that makes it extremely difficult or time-consuming to carry out basic activities of daily living, even if you are undergoing therapy and using appropriate devices and medications.
The impairment must last or be expected to last 12 months and severely restrict your ability to see, walk, speak, hear or perform personal care activities or seriously affect your mental capacity to manage your personal affairs.
The definition has been expanded to allow for the cumulative effect of multiple impairments that individually would not be severe enough to qualify.
For example, a taxpayer with multiple sclerosis who constantly experiences fatigue, depression and balance problems will probably now qualify.
You can't just claim the DTC on your 2010 tax return. The Canada Revenue Agency provides an online questionnaire on its website that will help determine whether you qualify, or you can discuss your situation with a tax professional.
Your doctor needs to complete a T2201, a Disability Tax Credit Certificate. This is submitted to the CRA and it determines whether you can claim the credit. It is not an overly complicated process.
If you have overlooked this credit on past returns, the good news is you can be approved retroactively, which allows you to go back and claim the credit.
I have filed 10 years of adjustment forms for clients who didn't think they qualified. The 2010 credit works out to about $7,239 in federal credits and $7,106 in provincial credits.
As well, if your disability is for a dependant under 18 years of age you can add an additional $4,223 federal and $4,145 provincial tax savings a year, so getting a decade's worth of savings can add up to a nice cheque from the government.
On top of that if it is for a dependant under 18 you will get an additional $2,470 a year in Child Tax Benefit payments. The CRA will go back three years for those payments.
Because it is a non-refundable credit, it only works to reduce your tax payable. It's not refunded if you don't have any tax owing. If you don't use the entire credit, you may be able to transfer it to someone else such as a spouse or parent.
And if you are looking after someone claiming the DTC, you may be able to claim the caregiver amount, though it may depend on the person's income and whether you are living with him or her.
Applying for the DTC is a fairly straightforward process. If you use a third-party preparer who wants to charge a fee based on the amount of your refund, understand what you will be paying once your cheque arrives. It can be costly.
Preparing the DTC claim is a standard procedure and should not cost you significantly more than a regular adjustment.
The credit was designed to help offset every day expenses, and you shouldn't pay thousands of dollars for the opportunity to claim it. Keep the money in your own pocket.
Tax Talk is a weekly column prepared by Doug Northrup, a tax professional, small business and corporate specialist and tax advisory member for H&R Block in Moncton. He can be reached by email at john.northrup@hrblock.caB
People with brain injuries, disabilities seek services outside nursing homes
ALT LAKE CITY — The Disabled Rights Action Committee is urging people with traumatic brain injuries and physical disabilities who are unable to receive services they need outside of nursing home settings to play a role in a Department of Justice probe of the state Division of Services for People of Disabilities.
"The state is not going to dodge this legal responsibility any longer," said Jerry Costley, executive director of DRAC, at a news conference last week.
"No one should be in a nursing home for even one day," Costley said. "That's the law."DRAC officials say Utah has violated federal law and a 1999 Supreme Court decision by forcing people to receive services in nursing homes instead of community settings or in their homes.
Cathy Garber, who has been on the state waiting list for more than 10 years, said she needs "community-based services to remain in her own home. The only alternative is going into a nursing home."
The problem is, "it really takes away one's choice to live as they wish."
Garber, of Salt Lake City, who has cerebral palsy and has been disabled since birth, said she once entered a nursing home to receive services. In order to leave the home, a nursing home employee she befriended quit her job and took her into her own home to care for her.
Garber, who has earned two bachelor degrees and is completing a graduate degree, said she would prefer to be a productive and contributing member of the community than live in a nursing home. Receiving needed services in a community-based setting would enable her to live as normal a life as possible, she said.
Ryan Griffin of Provo, who was paralyzed from the neck down after a spinal fracture sustained in a basketball game, said federal requirements to receive services are absurd.
"They wanted to put me in a nursing home for 90 days but I had already spent 5 and a half months in a rehabilitation for my needs to be met," Griffin said. Griffin said he is on a disability waiver but had to sue the state to obtain it.
He requires full-time assistance, he said. "From the neck down, I have no movement or feeling so I can't feed myself. If I have to itch my nose, I can't itch my nose. The disability waiver was the only way to get some help in order to meet my needs."
Barbara Toomer, DRAC chairwoman, said not only should the state comply with the Americans with Disabilities Act and the Supreme Court's 1999 Olmstead decision because it is the "law of the land," the state could save money by providing community alternatives to nursing homes.
U.S. and Metropolitan Opera settle wheelchair lawsuit
(Reuters) - The U.S. government and New York's Metropolitan Opera settled a lawsuit on wheelchair access less than an hour after it was filed on Thursday when the Met agreed to conform with the Americans with Disabilities Act.
Federal prosecutors had sued the famed opera house but settled after the Met agreed to install additional wheelchair and companion seating, renovate its restrooms, install Braille signs and add more wheelchair-accessible drinking fountains.
"The comprehensive measures agreed by the Met ensure that people with disabilities will have an equal opportunity to enjoy the performances offered by one of New York's finest cultural institutions," Manhattan U.S. Attorney Preet Bharara said in a statement.
The opera, housed in Manhattan's Lincoln Center for the Performing Arts, also lacked a visual alarm system required by law for the hearing-impaired, the suit said.
The settlement requires the Met to eliminate remaining obstacles to movement for the disabled and ensure seats are reserved for wheelchair-bound opera fans.
The Americans with Disabilities Act of 1990 prohibits discrimination based on disability.
Since the ADA's passage, several New York City landmarks have faced court orders to make appropriate modifications to their structures including Yankee Stadium, Madison Square Garden and the Apollo Theater in Harlem.
The Metropolitan Opera, founded in 1880, is America's largest classical music organization and presents more than 20 operas each year.
How Reasonable Must Your Employer Be?
Jewel-Osco's parent company (Supervalu Inc.) recently settled a $3.2 million disability discrimination case. Employees claimed that after coming back from medical leave they were illegally fired rather than accommodated. One hundred and ten employees will receive about $29,000 each from the settlement. The company, on the other hand, says that it fully complied with the law. So why did they settle? Good question.
The Americans with Disabilities Act (ADA) is meant to protect workers with disabilities, and it requires employers to make changes and help employees keep their jobs. If you become legally blind, your employer should accommodate you, meaning they must allow you to continue to work, even if they have to change your job description, rearrange your schedule, provide visual assistance devices, alter materials so you can read them, etc.
You can see why disagreements arise. It's not always easy. An employer may have to change the way they operate or make physical changes to an office or building. There is a limit. An employer doesn't have to make an accommodation that would cause serious difficulty or expense. What might be reasonable for a large business may be an undue hardship - and not required - for a small business. It depends a lot on the company's resources. Jewel-Osco, being a large company with a lot of employees, can probably handle many types of accommodations.
Your employer cannot deny an accommodation simply because it costs them money. They cannot dock your pay because to make up for the cost. They cannot make decisions on whether to promote you, give you a pay raise or fire you based on your disability.
On the other hand, you may have to make compromises. Your employer doesn't have to provide the best accommodation or the one you prefer. If there are several solutions, your employer can probably choose among them. Not every injury or condition counts as a disability under the ADA.
And you should be aware that just because you qualify as disabled doesn't mean you can't be fired. The law does not guarantee that you can keep your job. It just says that an employer cannot fire you because of your disability and they must make reasonable accommodations. Can they make up a bogus reason to fire you? Sure. It probably happens all the time. Anti-discrimination laws are necessary, in my opinion, but they can only do so much.
Some employers ignore the law. Many don't understand it to begin with. And even if they are aware of the law, they can't provide accommodations unless they are aware of the disability, so it's usually a good idea to be upfront about what you need. If you are getting resistance from your employer or feel you are being discriminated against, you can talk to a lawyer, or call the Equal Employment Opportunity Commission, or both. You may only have six months to file a claim.
Read more: http://www.chicagonow.com/blogs/chicagos-real-law-blog/2011/01/how-reasonable-must-your-employer-be.html#ixzz1BPKI6kvO
Congress Rejects $250 Payments For People With Disabilities
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