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Washington Protection & Advocacy System Pursuing justice on behalf of people with disabilities on matters related to their human, legal, and civil rights. Promoting Dignity, Equality and Self-Determination.
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ENVOY ON-LINEThe Newsletter of the Washington Protection & Advocacy SystemSpring 2004 Contents:
Judge Approves Fircrest DownsizingState Supreme Court may Make Final Decisionby David Lord April 16, 2004 Is it possible? WPAS and the Department of Social and Health Services (DSHS) on the same side in a court battle? Unlikely as it seems, DSHS and WPAS are in agreement that it is time to reduce the size of Fircrest School, an institution for people with developmental disabilities. So, when a group of pro-institution supporters went to court to stop DSHS from reducing the size of Fircrest, WPAS took action. WPAS asked the judge for permission to file a “friend of the court” brief (“amicus curiae”), giving the judge information about why supporting people in the community makes more sense than segregation in an institution like Fircrest. So far, DSHS and WPAS have been successful in defending against the pro-institution group in court.
Pro-institution group is “media savvy” The group opposing the Fircrest “downsizing” is very politically clever and understands how to use the media effectively. The newspapers and television carried stories that gave the public the impression that the people who lived at Fircrest would have nowhere to go. Phil Talmadge, a candidate for governor, is the most prominent member of the pro-institution group, which includes The Friends of Fircrest, the Washington Federation of State Employees, and a guardian. Fortunately, the attorneys for WPAS and DSHS were more successful in court.
Disability community leaders support Fircrest reductions Several prominent leaders in the advocacy community who had lived at Fircrest and other institutions provided the judge with written statements supporting the WPAS brief. WPAS provided the judge with expert opinions, research and court decisions that support the downsizing of institutions. On February 27, the judge heard arguments from the lawyers regarding the question of whether or not she should allow DSHS to reduce the size of Fircrest. DSHS lawyers pointed out that all of the Fircrest residents who are scheduled to move have a choice of living in well-supported community placements or moving to another institution. WPAS Legal Director Debbie Dorfman argued that people have a right to live in the community.
Judge’s decision shows understanding of importance of community living. Judge Julie Spector read her written opinion in a King County Superior Court room on March 2, 2004. She agreed with the DSHS decision to reduce the size of Fircrest, pointing out that the legislature had made its decision after careful consideration. She also recognized that the Supreme Court has held that “unjustified segregation of persons with disabilities was a form of discrimination”. She noted that closure and reduction of the size of institutions is a national trend, and that “the aim has not been to diminish services to the developmentally disabled but to increase the development of independence through an individualized approach to each person…” Judge Spector had obviously read and taken careful note of the research, case law, and the statements of former residents of institutions provided by WPAS.
Supreme Court to give final decision The pro-institution group has appealed Judge Spector’s ruling in the Washington State Supreme Court. The group also challenged the appropriateness of WPAS filing a “friend of the court” brief. WPAS has submitted a brief explaining that the judge was right in agreeing to hear the information it provided. The Supreme Court also has received written briefs from DSHS and the pro-institution group. The Court is expected to make a decision in May of 2004.
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Leaky Legislation Threatens to Sink Medicarean editorial by Andrea Abrahamson April 2, 2004 Asking about the new Medicare legislation may provoke some grumblings about a doughnut hole (a reference to the gap in prescription coverage Medicare recipients face in 2006); however, the healthcare holes in this legislation go beyond prescription drug coverage. The leaks in this legislation could sink a vessel of Titanic proportions. Local and national healthcare advocates met Monday, March 29th in Seattle at a Families USA forum to discuss problems with the new Medicare legislation. The new law, nearly 700 pages long, sweepingly and complicatedly reforms Medicare. Former Washington State Governor, Booth Gardener, spoke poignantly of the need for adequate healthcare for seniors and those with disabilities, a seemingly lofty and unattainable goal due to this legislation. A video narrated by Walter Cronkite further expressed concerns with the new law. Highlights include: * Medicare is prohibited from negotiating lower drug prices for its beneficiaries; something the Veterans’ Administration has done successfully for years.
Former Governor Gardner, who has Parkinson’s disease, admitted he is one of the many who drive the distance to Canada to fill prescriptions. With frustration he spoke of those who ration needed medication, or simply go without. This legislation further complicates increasingly limited access to affordable healthcare. To claim this legislation meets the healthcare needs of those on Medicare is a travesty. Congress needs to hear, more than ever, individual stories of how difficult it is to access health care and prescription medication. It seems the clout of the pharmaceutical industry is drowning the voice of those who need health care the most. For more information on the Medicare Road Show, visit www.familiesusa.org, or contact Andrea Abrahamson for materials, at 206-324-1521 x 216 or andreaa@wpas-rights.org. ●
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2004 Legislative Session in Reviewby Phil Jordan April 16, 2004 The 2004 Washington State Legislature met for 60 days this winter, adjourning in mid-March. Now that the dust has settled, we can look back over the activity and look at the results. A legislative session usually has high points and low points and this year is no exception. People with disabilities won a stunning and important victory with the passage of House Bill 2663 - the Respectful Language bill. The bill was sponsored by the Self Advocates In Leadership (SAIL) coalition, and their persistence paid off at the very end of the session when the bill, which was thought to be dead, was surprisingly brought to a vote on the Senate floor and passed unanimously. The bill requires that when new laws are made, or old laws are amended that relate to people with disabilities, "people first" language must be used. From now on, new laws in the state of Washington will have to refer to people with disabilities, rather than the disabled. No longer will the words handicapped, crippled or mentally retarded be found in new Washington statutes. Lawmakers and staff will have to start thinking about people with disabilities as people. Congratulations to SAIL and to people with disabilities throughout the state! Mental Health Parity is an issue that WPAS has been working on for seven years now. The bill (House Bill 1828) did not pass this year, although it came might close! Next year, WPAS will once more join forces with the Washington Coalition for Insurance Parity and we are optimistic that the 8th time will be the charm. The bill passed the House and was about to be voted on in the Senate (where it likely would have passed) when the Senate unexpectedly was adjourned. WPAS and the parity coalition believe that next year is finally the year when strike a blow against discrimination of people with mental illness. An important bill that got bogged down in politics is the "DD Community Trust" bill. Senate Bill 6442 was a good piece of legislation that would have harmed nobody and would have raised millions of dollars to provide services for people with developmental disabilities who are waiting for services. The opponents of the bill never testified publicly, but put pressure on key legislators to stop the bill. Advocates will be back next year to pursue this important issue. People who need personal attendant services (PAS) were dealt a cruel blow this year in House Bill 2933. Three years ago, Initiative 775 created the Home Care Quality Authority (HCQA), a board that was created to represent the interests of people with disabilities and others who use PAS. One of the ways that they were supposed to represent people with disabilities was in contract negotiations with the independent providers of PAS. House Bill 2933 takes this responsibility away from the HCQA, and from now on the Governor will take over those negotiations. The Governor will not be representing people with disabilities, but will instead be focusing on how much money the state will have to spend on any new contract. WPAS took the lead on House Bill 2943, a bill that would create an exception to hearsay rules in court cases when people with disabilities are victims of crimes. Currently, when people with disabilities are assaulted or abused it is often difficult to prosecute the perpetrator. Prosecutors often decline to prosecute cases, or cases that are prosecuted are sometimes unsuccessful because the victim is not considered a credible witness. Consequently, the crimes go unpunished and the abuser is free to strike again. House Bill 2943 would allow hearsay evidence to be admissible in court when vulnerable adults are assaulted or abused. The bill would allow a judge to permit hearsay testimony from a credible witness (usually one to whom the victim has confided). There are potential difficulties in developing such a bill. Accused persons have a constitutional right to confront their accuser. It is difficult to craft a bill to meet constitutional requirements - the courts in other states have struck down similar bills. Consequently WPAS did not expect to get this bill passed this year. We were pleased with the reception given to the bill by the House Judiciary committee and are looking forward to working on this important piece of legislation next year.
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Resource Advocates Provide Informationby Annaliza Torres April 14, 2004 Every day, people call WPAS and ask to talk to a Resource Advocate. The resource Advocates at WPAS are available to offer information and assistance. These are some of those stories. The names have been omitted to make sure that nobody's confidentiality has been compromised.
Loss of Needed Services The parent of a client who is on the CAP Waiver and has a court order that says this client needs 24 hour nursing care services. The Division of Developmental Disabilities (DDD) is trying to reduce the amount of nursing services. The Resource Advocate provided suggestions on how to search for an attorney and provided referrals. As a result of the technical assistance in self-advocacy, the legal guardian is better equipped to advocate and ensure that her daughter receives the services she is entitled to. Legal Assistance An individual contacted WPAS to obtain legal assistance in remedying an outstanding student loan. Due to an unpaid balance, the University of WA sent this to the Attorney General's office. This loan may hinder the student's efforts in seeking other financial aid for school. The RA completed a referral to the Pro Bono Attorney Referral Network. As a result of the supervised referral to the Pro Bono Attorney Referral Network, an attorney was willing to review the client's situation. Personal Attendant Care Hours Reduced A couple of callers sought assistance in maintaining their personal care services. The Division of Developmental Disabilities (DDD) conducted re-assessments using the a new assessment tool and found that these clients will have their personal care service hours significantly reduced. The Resource Advocate provided information on how to appeal DSHS changes in services; provided direction on how to find the DSHS EAZ Manual, which outlines how clients can communicate with DSHS; outlined the fair hearing process; and provided information on DDD policies. Armed with this information, the callers are better equipped to advocate for their loved ones in maintaining needed services. The callers will also receive legislative updates from WPAS, increasing their opportunities to tell their Legislators about how changes in State policy affect them. Public Assistance and Accommodations A mother with a disability sought assistance in maintaining her Temporary Assistance for Needy Families (TANF) services. The Resource Advocate provided information about her rights in receiving services and how to appeal decisions that affected her services. The Resource Advocate further informed this mother of Necessary Supplemental Accommodations and how to receive accommodations around her services. With this information, the mother is better able to communicate her needs and avoid the threats of having sanctions placed upon her. ●
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P&A Q&A - Answers to Questions People Ask WPAS
Prepared by: Phil Jordan
Date: updated April 2004
Q: I have a disability and I want to get a job. I keep hearing about something called "Ticket to Work." What is that? Do I get a real ticket? Is it the kind of ticket you use to get something or the kind of ticket a police officer gives you?
A: "Ticket to Work" is a new law that has many different parts, and yes, there actually is a “ticket.” Most people in the state who receive SSI or SSDI checks will get a ticket in the mail either late in 2003 or sometime during 2004. Some people have already received their ticket. There is no need to be afraid of this ticket. You don’t need to use it if you don’t want to.
These tickets are part of a new law that is designed to help people with disabilities find and keep jobs.
Q: What is this ticket good for? How do I use it?
A: You can exchange your ticket for a variety of different employment services from dozens of different organizations - - - maybe. The catch is that none of these organizations (called Employment Networks) have to take your ticket and give you services. It is up to you to find an Employment Network that has the services you want and that is interested in exchanging those services for your ticket.
Q: That sounds complicated. How do I find the Employment Network that is best for me?
A: It’s not as complicated as it sounds, but it will take some time and effort on your part. The best way to get started is to make a call to a “Benefits Planner.” Benefits Planners assist you in making a plan for employment. They can also help you prepare for how your life will change once you are employed. Best of all, these Benefits Planners will not charge you for helping you make a plan – all of their services are free. Here are the phone numbers for the Benefits Planners:
ü Plan to Work Hotline (statewide): 1-866-497-9443 (toll free in Washington)
ü Positive Solutions (King County only): (206) 322-8181
ü Positive Solutions (Kitsap County only): (360) 405-0620
Q: Are you saying that the Benefits Planners will help me find an Employment Network?
A: No. The Benefits Planners will help you decide for yourself what services you need and what is the best way for you to start or return to work.
Q: Okay, let me see if I understand this. Ticket to Work is a program that mails me a ticket. It’s up to me to find an Employment Network who will take my ticket and help me find employment or prepare for a job. The best way to get started is to call a Benefits Planner who will help me decide on the plan that is best for me.
A: That’s right.
Q: That’s all there is to Ticket to Work?
A: Actually, there is a whole lot more. The “ticket” is only one part of a bigger law called the “Ticket to Work and Work Incentives Improvement Act.” This law has many other features that may help you get and keep a job. If you receive SSI or SSDI benefits, here are some of the ways that the law may be able to help you.
| Benefits Planning and Assistance |
| Work Incentives |
| Medicaid Buy-in |
| Protection and Advocacy |
Q: Can I get all of those services just because I have a disability?
A: Not necessarily. “Ticket to Work” was designed for people who receive SSI or SSDI benefits and who want to work. If you get checks from the Social Security Administration because of your disability and if you want to work, you might be eligible for services.
Q: You said I might be eligible - how do I know which services I can receive?
A: Let's go through them one by one.
The first one is Benefits Planning and Assistance. We talked about this before when we were talking about the “ticket.” You are eligible to receive free benefits planning services if:
ü You are between the ages of 18 and 64, and
ü You receive an SSI or an SSDI check from Social Security, and
ü You want to work.
Benefits Planners will talk with you about what will happen to your benefits if you start to work. They will talk with you about the kind of job you want, what kind of training and supports you need for that job, and how your benefits will be affected when you begin to earn more money. This service is free.
In King County, call Positive Solutions at (206) 322-8181.
In Kitsap County, call Positive Solutions at (360) 405-0620.
Everywhere else in the state, call the Plan to Work Hotline (toll free) at 1-866-497-9443.
Q: Will I be able to keep my Medicaid if I start working? What about my food stamps and my HUD housing?
A: The Benefits Planners will talk with you about all of those things. They will be able to tell you what choices you have and describe to you the various Work Incentives that are available to you.
A large section of the Ticket to Work law has to do with Work Incentives. These are ways you can begin working without immediately losing your Social Security, Medicaid, Medicare, or other benefits. There are lots of different Work Incentives in the Ticket to Work law, and they all have names making them sound complicated, such as:
| Extended Period of Eligibility |
| Earned Income Disregards |
| Subsidies |
| Impairment Related Work Expenses (IRWE) |
| 1619(a) and (b) Status |
| Blind Work Expense |
| Plan for Achieving Self-Support (PASS) |
These programs can help you – and they are not as complicated as they sound. A Benefits Planner will be able to tell you which of these Work Incentives you are eligible for, and can explain them to you in words you can understand.
Q: I'm still worried about my Medicaid. Will the Work Incentives help me keep it?
A: Some of them will. There is also a new program called Healthcare for Workers with Disabilities (HWD), sometimes called the Medicaid Buy-in. This program helps people with disabilities who are working. It allows workers to continue their Medicaid coverage after they become ineligible for Social Security benefits. Even if you earn too much money to receive SSI, you can purchase Medicaid benefits at reasonable rates. Talk to a Benefits Planner for more information.
Q: Will these Benefits Planners help me with other problems that don’t have anything to do with my benefits? What if someone discriminates against me?
A: That's where WPAS comes in. The Washington Protection & Advocacy System (WPAS) can provide you with information, referrals, and advice if you have difficulty getting the employment services that you need. Contact WPAS if you have been discriminated against because of your disability, or if you have a complaint about how you were treated by someone at:
| WorkSource Centers |
| Employment Networks |
| Department of Vocational Rehabilitation (DVR) |
| An employer |
| A Benefits Planner |
| Any other service that was helping you look or train for work. |
Contact Washington Protection & Advocacy System (WPAS) at:
Phone: 1-800-562-2702 voice, or 1-800-905-0209 tdd
Email: wpas@wpas-rights.org
F.Y.I Service is an information service of the
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Editor and Webmaster: Phil Jordan
Contributing Editors: Andrea Abrahamson, Andrea Amaya, David Lord, Gillian Maguire, Betty Schwieterman, Annaliza Torres
Envoy On-Line is the newsletter of the Washington Protection and Advocacy System (WPAS), a private, non-profit agency that has been protecting the rights of people with disabilities since 1972. WPAS is a member of the National Association of Protection and Advocacy Systems. Eligibility for WPAS services is determined by federal law. Contact WPAS if you would like more information about our current priorities and available services.
Envoy On-Line is not intended, nor should it be used, as a substitute for specific legal advice since legal counsel may only be given in response to inquiries regarding particular factual situations.
Envoy On-Line is available at no charge to interested persons in Washington and is available in alternative formats upon request. To add your name to the ENVOY mailing list, call or write:
Washington Protection and Advocacy System
315 - Fifth Avenue South, Suite 850
Seattle, WA 98104
Phone: (800) 562-2702 or (206) 324-1521
TTY: (800) 905-0209 or (206) 957-0728
Fax: (206) 957-0729
E-mail: webmaster@wpas-rights.org
Do you have feedback, questions or an opinion about one of the stories in Envoy On-Line? Email Us.
Interested in past issues of Envoy On-Line? You can find them in the Envoy On-Line Archives.
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