JFActivist

Low Pay Rates for PWD: Exploitation or Opportunity?

via The Columbus Dispatch(5.22.11):

Far below minimum wage

Some say low pay for the disabled is immoral; others view the federal law as a godsend

By Jill Riepenhoff

Thousands of adults with Down syndrome, autism and other developmental disabilities work in Ohio at jobs that pay less money than a teen-age baby sitter earns.

Some clean hotel rooms for 40 cents an hour. Others sew table linens for 79 cents an hour. Some assemble automotive parts for $2.15 an hour or answer telephones for $3.75 an hour.

The majority don't earn half of the state minimum wage of $7.40.

A little-known provision in the 73-year-old federal wage law allows employers to pay less than minimum wage if adults have disabilities that limit their productivity.

The Fair Labor Standards Act once dictated how little was too little to pay a worker. But today, there is no floor, clearing the way for some to earn as little as a penny an hour.

The wage issue has divided the very community that seeks the highest quality of life for people with disabilities. The difference of opinion is stark:

"It's immoral," said Curtis L. Decker, executive director of the National Disability Rights Network.

"This has been a godsend," said Ted Williams, whose autistic son earns a low wage at his job in Columbus...

>>>For the Full Article

With critics saying low wages show that people with disabilities are being exploited and supporters saying the pay rates reflect opportunities, where do you stand? Share your thoughts in the comments below.

AAPD Board Chair Shares his Story and Advises on Structured Settlements

From Ringler Radio and the Legal Talk Network (5.16.11):

Tony Coelho: Lifelong Advocate for People with Disabilities

Description:    A champion of rights for the disabled, Tony Coelho, Board Chair of the American Association of People with Disabilities (AAPD), who authored, in part, the 1990 Americans with Disabilities Act, carries on the fight for the rights of the disabled in today’s issues. On this edition of Ringler Radio, host Larry Cohen and co-host Randy Dyer, talk to Tony about his lifelong advocacy, his personal story with epilepsy and how a structured settlement can assist those living with disabilities.

>>> For More at Ringler Radio

>>> For the MP3 Link

>>> For the Transcript

President Seeks Nominations for Extraordinary Citizens

From the White House (5.16.11):

Nominations for 2011 Presidential Citizens Medal

Good morning,

Last year I asked the public to help identify outstanding Americans I should consider for the Citizens Medal, the nation's second-highest civilian honor. After receiving more than 6,000 nominations, I invited 13 outstanding Americans to the White House to receive the medal and be recognized for their service.

It's time to do it again.

Like last year, we're looking for Americans who have performed exemplary deeds of service outside of their regular jobs and provided inspiration for others to serve. You can view the full criteria and get started on a nomination here:

http://www.whitehouse.gov/sites/default/files/image/email_graphic_citizens.jpg

Now I know there are thousands of citizens out there who meet these criteria -- I read their letters every night, and I meet many of them in my travels around the country.  I also know that many times their contributions go unrecognized.  The 2011 Citizens Medal is a chance to recognize the everyday heroes in your community.

Here are a few examples of Citizens Medal recipients from last year.

Betty Kwan Chinn was homeless as a child in China and became mute. When she came to America, Betty found her voice and her calling. Today, she provides meals to the homeless in her community twice a day as expressions of gratitude to a welcoming nation.

Susan Retik Ger is a widow who lost her husband on 9/11 who found cause in educating and training Afghan widows and their children.
 
George Weiss, Jr. is veteran of World War II who founded the Fort Snelling Memorial Rifle Squad, a group of over 125 volunteers who have performed final military honors at over 55,000 veterans' funerals.

Their stories are powerful reminders of the impact an individual can have on his or her community and on the world. You can watch them tell their stories in a video gallery on WhiteHouse.gov:

http://www.whitehouse.gov/citizensmedal/2010

If you know someone like Betty, Susan or George, please take a moment to nominate them for the 2011 Citizens Medal before May 30.

Sincerely,

President Barack Obama 

For more information on the Citizens Medal as well how nominate an outstanding citizen, please read this letter from the President below and visit http://www.whitehouse.gov/citizensmedal  to watch the announcement video.

To nominate someone for the 2011 Citizens Medal, please review the criteria for this year’s medal http://www.whitehouse.gov/citizensmedal/criteria  Additional awardees may be selected outside of the public nomination process. In order for the individual to be considered for the Medal:

* Nominees must be citizens of the United States
* The nominee’s service must have been performed outside of his or her regular job.
* Nominations must be received by Monday, May 30, 2011 at 11:59 p.m. EST.

>>> For More Including the White House Press Release

Health Reform Resource: 20 Most Common Questions Answered

In recognition of the first anniversary of the Patient Protection and Affordable Care Act's enactment on March 23, 2010, United Spinal has created a document for people with disabilities interested in Health Care and Health Reform.  This document answers commonly asked questions including:

• If I do not get coverage through my employer and am not eligible for Medicare or Medicaid, what are my options for affordable coverage under the law?
• I’ve seen reported that the courts have found the health reform law unconstitutional. So is it dead?
• I’m considered a high-risk patient and until 2014 my pre-existing condition could preclude my ability to obtain insurance. What can people like me do for coverage until then and will it be affordable?
• I seem to pay a lot of money out-of-pocket for deductibles and co-pays above and beyond my premium payments. Does the law establish any limits on such cost sharing and out-of- pocket expenses and, if so, when do they go into effect?

From United Spinal Association (4.18.11):

Answers to 20 Often Asked Questions On The Health Reform Law

Prepared by

Joe Isaacs, MSPH, CAE, FASAE, Vice President for Public Policy, United Spinal Association
Andrew Morris, MSPH, Director of Government Relations, United Spinal Association
Barbara L. Kornblau, JD, OTR, FAOTA, University of Michigan-Flint

On March 23, 2011, “The Patient Protection and Affordable Care Act” (P.L. 111-148/152) celebrated its first anniversary and there remains significant confusion among those with disabilities about the law, including concerns as to whether it even still exists. In honor of this milestone in the life of this landmark legislation so important to those with disabilities and chronic illnesses and more than 32 million uninsured Americans, the United Spinal Association is taking this opportunity to compile answers to the most often heard queries we have received from our members and others about the law, which also is widely referred to as the “Affordable Care Act” (ACA) or the health reform law or, by its detractors, as “Obamacare.”

Like the game so many of us have played on those long car trips, we identified “20 Questions” that have often been raised about the law’s status, provisions, benefits and impacts. These questions and answers are presented in no particular order of importance, as the definition of “importance” is in the eyes of the beholder.

While the law is steadily being implemented, several of its key provisions will not become effective until 2014. But we hope our responses will assist readers to better appreciate the structure and benefits of the new law and what lies ahead. At the conclusion of the questions and answers presentation, we provide the reader with an easy-to-read table that highlights the major provisions of the Affordable Care Act and the timeline for their implementation.

The United Spinal Association remains vigilant in its efforts to ensure that the Affordable Care Act fulfills its promise for more accessible, affordable high quality care for those with spinal cord injuries and disorders. And we remain focused in our efforts to avert disastrous consequences to Medicare, Medicaid and Social Security coverage for our constituents and to help identify better and more responsible ways to reduce the nation’s deficit without adding unfairly to the burden of those must vulnerable in our society.

United Spinal conveys its sincere gratitude to Barbara Kornblau, JD, OTR, FAOTA, for her invaluable assistance in the development of this report. Ms. Kornblau’s efforts were instrumental in securing the inclusion of several provisions in the Affordable Care Act that respect those with disabilities as a health disparity population.

We welcome your feedback on this United Spinal Association report and any additional questions you may have about the Affordable Care Act at (202) 556-2076, EXT. 7101 or 7103, or by e-mail at [email protected] or [email protected].

>>>Download the Document in PDF

>>> Read the Report Online 

Once You've Learned About Health Reporm Take a Quiz To Test Your Knowledge

From the Kaiser Family Foundation (3.15.11):

The Kaiser Family Foundation has created an interactive Quiz on the Health Reform Source that allows users to test their knowledge about what’s in – and what's not in -- the health reform law.

Quiz takers can compare their results to the general public, which was asked the same series of 10 questions in one of the Foundation’s recent Monthly Health Tracking Polls. The quiz also includes links to more information about specific provisions of the law.

>>> For the Interactive Health Reform Quiz

>>> For More Including an Interactive Implementation Timeline
 

EEOC Announce ADA Amendment Rules, White House and AAPD Applaud

From AAPD (3.24.11):

AAPD Applauds EEOC on Final Regulations Under ADA Amendments Act

EEOC issues bipartisan regulations reiterating the broad scope of coverage under the ADA

The American Association of People with Disabilities (AAPD) commends the EEOC for issuing bipartisan regulations implementing the Americans with Disabilities Act (ADA) Amendments Act.

The regulations will greatly simplify the determination of whether a person has a disability and allow courts and other decision makers to turn quickly to determining whether unlawful discrimination has occurred in the workplace...

For the full AAPD Press Release go to http://bit.ly/idPkBd

*************************************************************

From the White House (3.24.11):

Improving Employment Access for Americans with Disabilities

Last July, I had the tremendous honor of kicking off the Administration’s observance of the 20^th anniversary of the Americans with Disabilities Act (ADA) and to then welcome hundreds to the White House as President Obama commemorated that extraordinary Anniversary. It was a momentous occasion as we listened to the President’s powerful speech and witnessed the signing of his Executive Order to increase the federal government’s employment of individuals with disabilities.  As Americans, we’re imbued with those fantastic American values, embodied in the ADA, of a strong work ethic and working together to find common ground--all of which keeps us moving forward, diligently working to win the future.

Today, those American values are once again on display. With bi-partisan support, the Equal Employment Opportunity Commission (EEOC) found common ground and today made available for public viewing final Rules on the Americans with Disabilities Act Amendments Act (ADAAA) at http://www.ofr.gov and the rule will be published tomorrow. Significantly, the EEOC considered the interests of both employees with disabilities and employers in carefully crafting regulations that will work for all stakeholders.  Now, millions of Americans with disabilities, including veterans with disabilities, will be able to take one step closer to that level playing field we all seek and have the full opportunity to contribute to one of America’s greatest traditions: hard work...

>>> For the Full Post

Rest in Peace, Jim Tuscher, Leader in the Independent Living Movement

From M.A.D.E.N. (Missouri Advocates with Disabilities Empowerment Network) (3.2.11):

Saying Goodbye to a Great Leader
 
It is with great sadness that we reach out to the disability community to let you know that Jim Tuscher passed away on Tuesday, March 1, 2011. 

Jim always said you have to carry the "fire in your belly" to fight the fight for disability rights.  It is because of him that many of us carry that fire in our bellies today. He will be dearly missed by so many whose lives he touched as a disability rights leader, advocate, colleague, and friend...

...Tuscher helped pass absentee voting laws that greatly increase the ease and access to absentee voting for people with disabilities.  He lobbied successfully for stronger disabled parking laws that closed loopholes and established a process to remove invalid parking tags.  He worked with parents from St. Louis County for a bill that created an oversight mechanism for the Special School District, a parent advisory committee and public review process.  Other issues he worked on include hate crimes law, health care, assistive technology, statewide building codes, and welfare reform.  Jim also played an important role on the state level as Chair of the Governor’s Council on Disability serving under three Administrations.

At the national level, Tuscher worked as Missouri’s field leader in advocating for passage of the Americans with Disabilities Act.  He was part of organizing the Americans with Disabilities Vote project, and has implemented similar initiatives at the state and local levels.  Tuscher also advocated nationally on issues including appropriations, education, the Rehabilitation Act, threats to Americans with Disabilities Act, health care, and personal assistance...

>>> For the Full Obituary

Saying Goodbye to Max Starkloff, Beloved Disability Rights Champion

Funeral Services for Max Starkloff, Beloved Disability Rights Champion

Tuesday, January 4th, 10am – 11:30am, Funeral Mass St. Francis Xavier College Church at Saint Louis University, 3628 Lindell Boulevard, Saint Louis, MO 63108, the public is welcome.

People with mobility disabilities are encouraged to arrive at the church between 8:30 and 9:30 a.m. to allow time to get up into the Church. Accommodations for individuals with disabilities: Sign Language Interpreters; Ramped entrance from Grand Avenue to lower level of Church and elevator up to Church; designated seating for people with mobility disabilities.

Visitation immediately following Mass until 2:30 p.m., Wool Ballroom on the lower level of the Busch Student Center (across the street from the Church), 20 N. Grand Blvd. St. Louis, Mo. 63103, 314-977-2222, refreshments will be served.

A private internment ceremony will follow.

Parking: Guests may park in Laclede Garage at the South West corner of Grand and Laclede. Disabled parking only: available at the open air parking lot located at the North West corner of Grand and Laclede.

 

Post your memories and condolences to the NCIL blog at http://nationalcouncilonindependentliving.blogspot.com/2010/12/in-loving-memory-of-max-starkloff.html

The family has requested that in lieu of flowers people make donations to the Max Starkloff Disability Institute at:
 
The Starkloff Disability Institute, 133 S. 11th Street, Suite 500, St. Louis, MO 63102
 
ANOTHER OBIT

http://www.stlouisbeacon.com/issues-politics/region/obits/107124-max-starkloff-was-ingernationally-acclaimed-advocate-for-disabled-people-and-indomitable-example

>>> For the previous JFActivist Post on the passing of Max Starkloff

Rest In Peace, Max Starkloff, Disability Rights Champion

From the Riverfront Times (12.27.10):

R.I.P. Disability Activist Max Starkloff, 1937-2010

Max Starkloff, a longtime activist for disability rights and founder of Paraquad and the Starkloff Disability Institute, two local organizations that help disabled people live independently, died this morning. He was 73.

The immediate cause of death is not known. Staffers at the Starkloff Institute were told that Starkloff had the flu and would not be coming in.

Starkloff broke his neck in a car wreck in 1959, when he was 21. The accident left him a quadriplegic...

>>> For the Full Obituary

From the Starkloff Disability Institute:

Max J. Starkloff, President and CEO

...When Max finally left the nursing home, they ran Paraquad as a "mom and pop" organization. Today, Paraquad is a permanent institution, providing independent living services and advocacy for thousands of people with disabilities, their families and employers.

Through Max's accomplishments, people with disabilities in St. Louis have gained the opportunity to live independently. Below are a few of his achievements.

• Co-Founded Paraquad in 1970, with his wife, Colleen, as a privately funded Independent Living Center;
• Secured first ever stateside, barrier-free legislation for local and state curb cuts;
• Acquired disabled parking legislation;
• Established Paraquad as one of the original 10 federally funded Independent Living Centers in the nation;
• In 1970, founded the St. Louis Chapter of the National Paraplegia Foundation;
• Labored for access to public buildings and schools;
• Received a commitment from the local transportation authority to adopt a policy that all new buses will be wheelchair lift-equipped;
• Organized and spearheaded a large coalition of people with disabilities, volunteers and community leaders to support the above transportation policy;
• Consequently, St. Louis was the first city in the nation to have lift-equipped buses on their streets;
• Influenced St. Louis' new light rail system to endorse and include total accessibility;
• Co-founder, and Founding President of the National Council on Independent Living;
• Served on the board of directors of the World Institute on Disability, Berkeley, California; Blue Cross/Blue Shield of Missouri; and Gazette International Networking Institute, St. Louis;

The single most outstanding aspect of Max Starkloff's contribution to the needs of people with disabilities is his record of achievement in developing a strong and expansive network of grassroots advocates for change. Through his direct contact with a wide spectrum of institutions and people who make the St. Louis metropolitan area a vital, accessible and growing community, he has become the community's single most important resource and authority on disability issues. He is a dynamic example of living a full life as a person with disability, which enables him to connect civic leaders with grassroots advocates and with disability issues in a compelling way.

Max and Colleen have three children, Meaghan, Max Carl and Emily Johanne (deceased), and two grandchildren, Maya and Talia.

>>> For the Full Bio

From KSDK (12.28.10):

Max Starkloff Dies

Missouris Congressman Lacy Clay, a long-time friend of Max Starkloff, described the Paraquad founder as a civil rights pioneer and trusted advisor.

"I am deeply saddened by the loss...He was a trusted advisor who helped me advocate for the rights of disabled Americans for almost three decades," Clay said. "At Paraquad, and across this country, Max Starkloff stood tall for the full inclusion of disabled Americans in all fields of endeavor.

"He was a true civil rights pioneer whose lifetime of courageous leadership made our country and our community stronger."

And friends said that is what he wanted, to pave the way for others with disabilities.

"Max demonstrated that he could not only be useful but could become a national leader in a movement," said friend Charlie Claggett, who is also writing a book on Starkloff.

His wife Colleen was a partner in all his endeavors. And friends said she'll make sure his work continues.

"I think max was just such a widely regarded leader and such a fine person," Claggett said. "I know we're all going to miss him as a person but his mission will continue so that's the good news."

Funeral arrangements are still being finalized.

>>> For the Full Article

When America believed in eugenics

From the New Statesman (12.10.10):

When America believed in eugenics
by Victoria Brignell

In the second of her series to mark disability history month, Victoria Brignell investigates America's past enthusiasm for eugenics and the profound suffering this inflicted on disabled people.

In the decades following the publication of Darwin's Origin of Species, a craze for eugenics spread not only through Britain but through America as well. Overbreeding by the poor and disabled threatened the quality of the human race, American campaigners warned. Drastic measures must be taken to avert a future catastrophe for humanity.

Amid popular fears about the decline of the national stock, one of the main drives behind the formation of American immigration policy at the end of the 19th century was the desire to exclude disabled people. The first major federal immigration law, the Act of 1882, prohibited entry to any 'lunatic, idiot, or any person unable to take care of himself or herself without becoming a public charge.'...

...In 1937, a Gallup poll in the USA found that 45 per cent of supported euthanasia for "defective infants". A year later, in a speech at Harvard, WG Lennox argued that preserving disabled lives placed a strain on society and urged doctors to recognize "the privilege of death for the congenitally mindless and for the incurable sick". An article published in the journal of the American Psychiatric Association in 1942 called for the killing of all "retarded" children over five years old...

>>> To Read the Full Article Chronicling the Eugenics Movement in the US

House Passes Resolution for National Ed Roberts Day

Congressman George Miller Standing up for California’s 7th District

For Immediate Release: December 15, 2010
Press Office:  202-225-2095
 
Miller’s legislation recognizing disability advocate Ed Roberts passes House Legislation expresses support of national Ed Roberts Day in honor of the Bay Area advocate
 
WASHINGTON- Disability rights advocate Ed Roberts, renowned in the Bay Area, nationally and internationally, was honored by Congress today, thirty-three years after he and Rep. George Miller (D-Martinez) both advocated for civil rights for people with disabilities at protests in San Francisco.
 
Miller introduced H Res 1759 to declare the support of the House of Representatives of a national “Ed Roberts Day.” The bill passed the House today by a vote of 386 to 8. 
 
“Ed’s lifetime of advocacy was critical in the struggle for civil rights for people with disabilities,” Miller said after the resolution passed the House. “Ed’s commitment remains a tremendous inspiration and I’m honored to sponsor this resolution recognizing his work.
 
“Having known Ed and being able to call him a friend was an honor and a gift for me - as was working with him back in 1977 at the protests in San Francisco,” Miller continued, referring to the 1977 disabled rights protest, and the subsequent Congressional meetings, both held at the Health, Education and Welfare (HEW) building in San Francisco.
 
In addition to supporting the establishment of Ed Roberts Day, Miller’s legislation acknowledges the accomplishments Roberts made in helping reduce barriers, increase access and improve lives for persons with disabilities.
 
Roberts, who passed away in 1995, was a long time disability rights advocate and California resident. After contracting polio as a teenager, Roberts relied on a respirator to breathe.  He became the first student with significant disabilities to attend UC Berkeley, where he began advocacy efforts and helped found the campus’ Physically Disabled Students Program.
 
In 1975, Roberts was named the Director of the California Department of Rehabilitation and played an important role in the sit-in at the HEW building in San Francisco. Protesters with disabilities had staged the sit-in to call for the implementation of new regulations which would establish certain rights for people with disabilities. Roberts and other advocates worked with Miller and then-Representative Phillip Burton to hold ad hoc Congressional hearings in the building to discuss the issue at hand – the implementation of a federal regulation that prohibited exclusion or discrimination in a federal program based solely on a handicap.  Twenty years later, Miller’s and Roberts’ actions were noted in a compiled retrospective of the protests: 

On April 15, 1977, Congressmen George Miller and Phillip Burton held an ad hoc meeting of the House Education and Labor Committee to take testimony from disability activists and HEW official Gene Eiderberg who floated a "separate but equal" trial balloon and 18 issues that would be reviewed before passage could occur. Ed Roberts, Director of the California Department of Rehabilitation, said that Califano's proposed changes were "a blueprint for segregation." Representative Miller said that as far as he was concerned "the goddamn thing is not negotiable."
 
Roberts later co-founded and became the President of the World Institute on Disability.
 
The full text of H Res 1759 is here. The resolution was cosponsored by Representatives Sam Farr, Rush Holt, Barbara Lee and James Langevin

>>>Full Text of HR 1759