HN 300 Unit 7 Seminar Disability Policy Madelyn Harvey, PhD Human Service and Social Policy

HN 300 Unit 7 SeminarDisability PolicyMadelyn Harvey, PhD

Human Service and Social Policy

CHAPTER 6DISABILITY POLICY

FROM PUBLIC ASSISTANCE TO CIVIL RIGHTS

Slides developed by David H. Johnson

Millersville University of Pennsylvania2011 Pearson Education, Inc.

© 2011 Pearson Education, Inc.All Rights Reserved

Social Welfare: Politics and Public Policy, 7eDiNitto

A Fair Definition, A Fair Policy Public policy typically uses binary

definition, which fails to consider degree of disability

No consideration for individual’s self concept

Controversy over qualifications for benefits



Public Assistance for the “Deserving Poor”

State programs pre-1935 Social Security Act included Aid to the

Blind Aid to Permanently and Totally Disabled

added in 1950 Supplemental Security Income (SSI)

enacted in 1972



Supplemental Security Income (SSI)

Federalized adult categorical assistance programs

Replaced three programs: Old Age Assistance Aid to the Blind Aid to the Permanently and Totally Disabled



SSDI and SSI

Social Security Disability Insurance (SSDI) is social insurance

Supplemental Security Income (SSI) is a means-tested public assistance program

Elderly and disabled can receive SSI in addition to Social Security benefits



Disability Determination

SSI Income and Asset Tests Federal Definition of Disability is any

physical or mental impairment which prevents an individual from engaging in any “substantial gainful activity ” (SGA).

SGA is defined by amount of earnings



Appealing Decisions

Level 1: Reconsideration – different administrative team

Level 2: Administrative Law Judge hearing

Level 3: Appeals Council Review Level 4: Civil suit in U.S. District Court



SSI Hot Spots

People with drug and alcohol problems Legal Immigrants Children and Older Adults People who are homeless Race



Veterans Administration

Unlike SSI or SSDI, VA covers partial, permanent disability

Service-connected disability Battlefield injuries Disability incurred or aggravated while in

service



Disability and Work

Vocational Rehabilitation (VR) Combined federal and state funds States administer VR

State employment offices Workforce Investment Act



Removing Work Disincentives Persons receiving benefits lose them if

they work Trial Work Period

Nine months of earnings over a 60 month period

Earnings of less than $720/ month (2010) after deducting work-related expenses



Plan to Achieve Self-Support (PASS) Allows SSI recipients to save money to

attend school or for business startup costs

Money saved must be from income other than SSI

Money saved is disregarded in calculating SSI benefits



Civil Rights for Individuals with Disabilities

Deinstitutionalization Independent Living Movement Independent Living Centers



A New Bill of Rights

Air Carrier Access Act of 1986 Architectural Barriers Act of 1968 Rehabilitation Act of 1973 – Title V Americans with Disabilities Act (ADA) U.N. Convention on the Rights of Persons

with Disabilities



Disability Policy for Children

Developmental Disabilities Assistance and Bill of Rights Act of 1975

Individuals with Disabilities Education Act (IDEA)

No Child Left Behind Act of 2001 (NCLB)



Discussion Questions

What is the history of disability policy? What is the legal and social definition of

disability? Discuss the controversy over the

definition of disability. Explain Social Security Supplemental

Income.

Documents

HN 300 Unit 7 Seminar Disability Policy Madelyn Harvey, PhD Human Service and Social Policy