Tag Archives: disabilities

False Assumptions About DisAbilities and Employment

More than 80% of Americans with disAbilities are unemployed. Most of these people would very much prefer to be employed. Sometimes the barriers to employment are related to the disAbility itself, and sometimes the barriers are created by co-workers and employers in the form of false assumptions.

It’s not fair.
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against Americans who have disAbilities. The ADA requires employers with 15 employees or more to make “reasonable accommodation” to enable a person with a disAbility to perform at his or her job. The accommodations level the play field so that a person with a disAbility can make contributions in the workplace. In other words, accommodations make the workplace more fair, not less fair.

Employees with disAbilities are too expensive.
More than half of all workplace accommodations or adjustments cost nothing to the employer. These include accommodations such as permitting sitting instead of standing, or standing instead of sitting. For the accommodations that do require an expenditure, there is typically a one-time cost of about $500 (such as a wheelchair-accessible desk), which quickly pays for itself in the form of increased productivity, decreased insurance and training costs and longer tenure of the employee.

There’s no proof that this person can do the job.
In most cases, the only way to prove this is to go ahead and do the job. If proof of ability were to be required of every applicant, no one would ever be able to get his or her first job and no one would ever be promoted to higher levels of responsibility. This assumption is a good example of blatant discrimination.

All new employees should be healthy.
Employers are prohibited from asking employees about medical conditions either before or after being hired, but they are allowed to ask if an applicant is capable of performing the job requirements. Medical screenings are permitted as long as all employees go through the same screening for job-related requirements. The truth is that many new employees have some type of pre-existing medical condition, such as a thyroid disease, a pregnancy or a history of depression. The same consideration must be given to employees with disAbilities, according to the ADA. Every applicant deserves to be considered on the basis of past qualifications and present job requirements.

ABLE Act

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People with disAbilities, and their families, will soon have a tax-favored way to save money for a range of expenses.

In December, Congress passed the ABLE Act, short for Achieving a Better Life Experience. The law enables the creation of special savings accounts, modeled after the popular Section 529 education plans that many families use to save money for college. The new plans will be known as 529A accounts.

Under the new law, disAbled people and families with children who have disAbilities can contribute to these savings accounts, and the funds can be invested and grow tax-free. Withdrawals from the accounts will not be taxed as long as the money is spent on allowed types of expenses for the beneficiary, like housing, education, transportation, health care and rehabilitation.

The 529As are expected to become available in the second half of 2015, after the Treasury Department issues regulations to define details of the accounts. Because the program will be state-sponsored — as are the existing 529 college fund programs — each state also must approve the program, or contract with another state to serve its residents.

ABLE Accounts: 10 Things You Must Know:

1. What is an ABLE account?
ABLE Accounts, which are tax-advantaged savings accounts for individuals with disAbilities and their families, will be created as a result of the passage of the ABLE Act of 2014. Income earned by the accounts would not be taxed. Contributions to the account made by any person (the account beneficiary, family and friends) would not be tax deductible.

2. Why the need for ABLE accounts?
Millions of individuals with disAbilities and their families depend on a wide variety of public benefits for income, health care and food and housing assistance. Eligibility for these public benefits (SSI, SNAP, Medicaid) require meeting a means or resource test that limits eligibility to individuals to report more than $2,000 in cash savings, retirement funds and other items of significant value. To remain eligible for these public benefits, an individual must remain poor. For the first time in public policy, the ABLE Act recognizes the extra and significant costs of living with a disAbility. These include costs, related to raising a child with significant disAbilities or a working age adult with disAbilities, for accessible housing and transportation, personal assistance services, assistive technology and health care not covered by insurance, Medicaid or Medicare.

For the first time, eligible individuals and families will be allowed to establish ABLE savings accounts that will not affect their eligibility for SSI, Medicaid and other public benefits. The legislation explains further that an ABLE account will, with private savings, “secure funding for disAbility-related expenses on behalf of designated beneficiaries with disAabilities that will supplement, but not supplant, benefits provided through private insurance, Medicaid, SSI, the beneficiary’s employment and other sources.”

3. Am I eligible for an ABLE account?
Passage of legislation is a result of a series of compromises. The final version of the ABLE Act limits eligibility to individuals with significant disAbilities with an age of onset of disAbility before turning 26 years of age. If you meet this criteria and are also receiving benefits already under SSI and/or SSDI, you are automatically eligible to establish an ABLE account. If you are not a recipient of SSI and/or SSDI, but still meet the age of onset disAbility requirement, you would still be eligible to open an ABLE account if you meet SSI criteria regarding significant functional limitations. The regulations to be written in 2015 by the Treasury Department will have to explain further the standard of proof and required medical documentation. You need not be under the age of 26 to be eligible for an ABLE account. You could be over the age of 26, but must have the documentation of disAbility that indicates age of onset before the age of 26.

4. Are there limits to how much money can be put in an ABLE account?
The total annual contributions by all participating individuals, including family and friends, is $14,000. The amount will be adjusted annually for inflation. Under current tax law, $14,000 is the maximum amount that individuals can make as a gift to someone else and not pay taxes (gift tax exclusion). The total limit over time that could be made to an ABLE account will be subject to the individual state and their limit for education-related 529 savings accounts. Many states have set this limit at more than $300,000 per plan. However, for individuals with disAbilities who are recipients of SSI and Medicaid, the ABLE Act sets some further limitations. The first $100,000 in ABLE accounts would be exempted from the SSI $2,000 individual resource limit. If and when an ABLE account exceeds $100,000, the beneficiary would be suspended from eligibility for SSI benefits and no longer receive that monthly income. However, the beneficiary would continue to be eligible for Medicaid. States would be able to recoup some expenses through Medicaid upon the death of the beneficiary.

5. Which expenses are allowed by ABLE accounts?
A “qualified disAbility expense” means any expense related to the designated beneficiary as a result of living a life with disAbilities. These include education, housing, transportation, employment training and support, assistive technology, personal support services, health care expenses, financial management and administrative services and other expenses which will be further described in regulations to be developed in 2015 by the Treasury Department.

6. Where do I go to open an ABLE account?
Each state is responsible for establishing and operating an ABLE program. If a state should choose not to establish its own program, the state may choose to contract with another state to still offer its eligible individuals with significant disAbilities the opportunity to open an ABLE account.

The Secretary of the Department of Treasury will begin to develop regulations that will guide the states in terms of a) the information required to be presented to open an ABLE account; b) the documentation needed to meet the requirements of ABLE account eligibility for a person with a disAbility; and c) the definition details of “qualified disAbility expenses” and the documentation that will be needed for tax reporting.

No accounts can be established until the regulations are finalized following a public comment period on proposed rules for program implementation. States will begin to accept applications to establish ABLE accounts before the end of 2015.

7. Can I have more than one ABLE account?
No. The ABLE Act limits the opportunity to one ABLE account per eligible individual.

8. Will states offer options to invest the savings contributed to an ABLE account?
Like state 529 college savings plans, states are likely to offer qualified individuals and families multiple options to establish ABLE accounts with varied investment strategies. Each individual and family will need to project possible future needs and costs over time, and to assess their risk tolerance for possible future investment strategies to grow their savings. Account contributors or designated beneficiaries are limited, by the ABLE Act, to change the way their money is invested in the account up to two times per year.

9. How many eligible individuals and families might benefit from establishing an ABLE account?
There are 58 million individuals with disAbilities in the United States. To meet the definition of significant disAbility required by the legislation to be eligible to establish an ABLE account, the conservative number would be approximately 10 percent of the larger group, or 5.8 million individuals and families. Further analysis is needed to understand more fully the size of this market and more about their needs for new savings and investment products.

10.How is an ABLE account different than a special needs or pooled trust?
An ABLE Account will provide more choice and control for the beneficiary and family. Cost of establishing an account will be considerably less than either a Special Needs Trust (SNT) or Pooled Income Trust. With an ABLE account, account owners will have the ability to control their funds and, if circumstances change, still have other options available to them. Determining which option is the most appropriate will depend upon individual circumstances. For many families, the ABLE account will be a significant and viable option in addition to, rather than instead of, a Trust program.

How To Choose An Accessible Vehicle For A Child

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Wheelchair vans are often needed by families who have children with disAbilities. Vehicles with special features are available and/or can be converted to accommodate them. The most important step is to start with an appointment with a mobility specialist.

Here are a few facts needed to help determine which accessible option best fits the needs of your child and your family.

The Child’s Size
A mobility consultant should be incredibly thorough in compiling the details such as wheelchair width and height, your child’s height while seated in the wheelchair, and other essential information, which should help identify the perfect van for your family.

Your child’s age and size are factors, too. If your child is young/small the vehicle that they easily fit into now could possibly be out grown. It is important to not only think of their needs now, but also to keep in mind that their needs may change in the future.

The Family’s Size
Consider the size of your family. A big family (5-7 children) might need the extra room provided by a full-size van. For smaller families, an adapted minivan should work nicely, and both vehicle styles can be equipped for wheelchair accessibility. Keep in mind that even an only child will have friends who will join you for an occasional outing.

The Child’s Condition
Along with wheelchair size, your child’s condition has tremendous bearing on vehicle selection. When a child with limited mobility travels with a ventilator or feeding tube, the vehicle must accommodate it. In such situations, rear entry access is often the better option.

Side entry vans require the wheelchair user to maneuver into position; an operating ventilator or feeding tube on an independent portable stand can easily make positioning awkward. Rear entry access eliminates the need to maneuver–the wheelchair and ancillary equipment roll directly into position from the back of the van.

Seating
If you or a caretaker needs to assist your child, it would be helpful to have a seat right next to the wheelchair, as the front passenger seat can make interaction awkward.

Now is a good time to talk about the front-passenger seat, which can be adapted for portability, so you can remove it completely. With a wheelchair docking system installed, the coveted front-passenger position is wheelchair-ready.

That said, size definitely matters here. The laws in some states restrict the size of a child riding in that position, with a typical recommendation of 50 lbs.+ and the ability to tolerate the force of a deployed airbag. A child with a frail or sensitive physical condition should be seated in the middle of the vehicle for safety. Make sure to familiarize yourself with your state’s seat-belt laws for wheelchair passengers.

Passengers
When there are several passengers in the van, middle seating in the vehicle would put your child at the center of attention and always part of the fun. The side entry accessible van has an array of configuration possibilities, including jump seats and the potential for passenger seating in front, alongside, and behind the wheelchair user in any accessible van.

Focus on the Future
When you find the accessible vehicle that fits the needs of you, your child and family now but are concerned about the changes that may come over time, discuss them with your mobility consultant. Future you has a few options. Keep in mind that additional modifications can be made to your vehicle to better fit you and your family. Another option future you will have is to trade in your vehicle for a newer one that will fit your needs better.

Full Sized Accessible Wheelchair Vans

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Ask people with disAbilities—when purchasing a handicap or accessible van—size matters. The full-sized van is a good option for those with a large family, those who travel often, those with additional equipment and accessories, those who need to tow large loads, or big or tall passengers or drivers.

Most minivans do not have roof modifications so you don’t have as much interior space. Roomy full-size vans gain space by raising the roof, lowering the floor or both, and also have the advantage of more power and load carrying capacity.

Full-sized van:

Its weight-carrying capacity is significantly more than a minivan’s. It can hold the weight of a power wheelchair and even accommodate two individuals in wheelchairs.
It offers a lowered floor for the center, passenger or driver position; raised roof, raised doors; lifts and adaptive driving aids.
A raised roof makes it easy for someone to enter the van seated in a wheelchair or for a caretaker to tend to them or walk in and out of the entrance.
Doors are raised in conjunction with a roof to enable a person in a wheelchair to enter without having to bend over or have a caretaker tilt the wheelchair back.
Larger wheelchairs or motorized wheelchairs require floor-lowering or roof-raising modifications that a full-size van allows.

4-Point Tiedown Wheelchair Securement Systems

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For people with disAbilities, it is vital to remember how to correctly fasten the wheelchair securements in an accessible van. The four-point tiedown secures a wheelchair with four straps attached to the wheelchair at four separate securement points and attached to the vehicle at four separate anchor points.

If it’s been a while, read and follow all manufacturers’ instructions. If you have a 4-point tiedown but have lost the instructions or a new caregiver is helping, follow the tips below to ensure your safety.

Always position the wheelchair and rider facing forward.

When securing a WC19 wheelchair (WC19 wheelchair is a crash-tested wheelchair with four clearly identified securement points that meet the design and performance requirements of ANSI-RESNA WC19 Wheelchairs Used as Seats in Motor Vehicles.), attach the straps to the securement points provided on the wheelchair. Tighten them to remove any slack.

If you don’t use a WC19 wheelchair, attach the straps to welded junctions of the wheelchair frame or where the frame is fastened with steel bolts indicated by six raised lines or bumps on the bolt head.

Do not attach tiedowns to adjustable, moving or removable parts of the wheelchair.

Rear securement points should be high enough to result in angles of the rear tiedown straps between 30 and 45 degrees to the horizontal.

If your non-WC19 wheelchair has a tilt seat, attach both the front and rear straps to either the seat frame or the base frame.

Floor anchor points for rear tiedown straps should be located directly behind the rear securement points on the wheelchair. Front tiedown straps should anchor to the floor at points that are spaced wider than the wheelchair.

Clamp-type securement devices are not recommended since they do not provide effective securement in frontal crash testing.