Tag Archives: disabilities
HHS announces a historic notice of proposed rulemaking for section 504!
Below is a summary of this important update and what it means for people with disabilities.
There will be a public comment period for this proposed rule. The comment period will be open for 60 days for members of the public to provide comments. The comments must be received on or before November 13, 2023.
As much as I’ve progressed in my journey living with SCI, battled paralysis, fought with everything I possibly could to walk once again, and as much as I am grateful for this new life that has given me tremendous perspective and an outlook of gratitude, the likes of which I’d never known before; the memory of this day, the day I fell, the year that followed and how my life changed in an instant, brings up a lot of emotions for me. And a ton of tears.
Over the last 7 years I have learned to hope. I hope for the day my patients are treated with the same kindness and respect they give. I hope for the day considerations for buildings, airplanes, outdoor spaces, events, and homes include accessibility for all. I hope for the day the public sees someone who moves differently from them as an asset to our society. I hope for the inspiring moments where my patients take back some of their autonomy and begin to command their resilient ever-beating superpower: Hope, and harness control of their lives.
“The most interesting man in the world” is what my friends would joke around with me and say. Son, brother, husband, father of two young children. Pilot, airframe and powerplant mechanic, marine seaman, operations manager. Life was full. Full of adventure and full of promise. One bite, and in a moment, it took a turn for what could be perceived as the most daunting and uncertain life ahead.
Stalking can include unwanted following or approaching, unwanted use of tracking or monitoring using technology, unwanted phone calls, texts, emails. It can be anything that is a pattern of harassing or threatening, that causes unwanted fear or safety concerns in a victim.
The problem is huge with about 1 in 3 women and 1 in 6 men reporting experiencing stalking at some point in their lives. (National Intimate Partner and Sexual Violence Survey)
Florida, and many other states, have a policy that, before removing a child from the home, the state must exhaust all reasonable efforts to ensure that families remain unified and must give parents with disabilities reasonable accommodations to do so.
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
In the case of an evacuation, you must be prepared to go to a safe zone or transport yourself to an emergency shelter. Emergency shelters accept all people of all abilities as long as they are open, but if you require additional assistance you may want to look into the Emergency and Evacuation Assistance Program (EEAP) or registering at a Special Needs Shelter.
An alternative option should be provided immediately when an accessible element is not available. A governmental entity must make its programs or services, and a public accommodation must make its goods, services, facilities, privileges, advantages, or accommodations, available through alternative methods such as (1) providing curb service or home delivery; (2) retrieving merchandise from inaccessible shelves or racks; and (3) relocating activities to accessible locations.
Grooming is not just used by abusers against children with disabilities, but is often used against younger children, teens, and even vulnerable adults.
My frustration is not that elevators break. I understand that things happen. My frustration is that there seems to never, ever be an adequate solution or alternative offered to those of us who cannot take the stairs if an elevator is broken. So, what do we do? Just deal with it?
We must train all of those who may interface with children with disabilities on this topic and give them the resources they need to recognize abuse and stop it.
Working at DIG has been an extremely valuable experience for me. I was able to receive a hands-on experience in the non-profit world. I still remember my first meeting at DIG with my coworkers Debbie and Justine. They jumped right into the meeting and had me following along. They explained that they want me doing the work with them, so I was thrown right into the mix. I followed along in the meeting, asked questions, and was given my first assignments. This was the best thing that could have been done for me because it allowed me to contribute to the non-profit while learning about all of the work that I was doing simultaneously.
Since my spinal cord injury in 2014, I’ve really come to admire those of us who live every day with a disability and share the struggles we face, as well as the milestones. Someone very dear to me said recently, “When you win, you always celebrate the victory, but when you don’t win, you learn from the loss.” That’s what I’ve taken from sharing my challenges, and what I’ve learned from my fellow spinal cord injury survivors who share theirs. We can often learn more from our struggles than from our triumphs. And we can certainly help others along the way, just by doing so.
April is Sexual Assault Awareness Month, otherwise known as SAAM. Sexual assault is an issue that affects our entire community. The goal of SAAM is to raise awareness about sexual violence. During this month, people across the United States raise awareness about sexual violence, how to prevent it, and how to support those who are affected by it.
ABLE accounts are tax-advantaged accounts which are funded by family members to cover qualified expenses for the disabled individual.
Do I still have a claim? – Effects of Cummings v. Premier Rehab on the future of claims under the Americans with Disabilities Act or Section 504
By Matthew W. Dietz .pdf version On April 28, 2022, the United States Supreme Court, in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), found that damages are unavailable for discrimination without a physical injury in all federal disability laws (such as the ADA and Section 504), and some sex and… Read More »
What happened to the COVID-19 case about immunocompromised children with disabilities in public schools in Florida?
In this matter, the development of vaccines and boosters are winning the race against the mutations of the COVID-19 pandemic. However, next time, science may lose to the application of bleach, horse medicine, and ultraviolet light treatments, and our schools and state would be willing to sacrifice children and persons with disabilities in a pyrrhic victory for parental rights to avoid inconvenience for their child.
As a disability rights lawyer who represented persons with disabilities for the past 25 years, I am often asked by persons with both visible and invisible disabilities about best practices in attempting to find a job and to keep a job. So, for National Disability Employment Awareness Month, I will share my top 10 points.
Paralympian Shawn Cheshire Wins Gold When Fighting for her Rights to go to LA Fitness and Work Out Independently
It is always an honor to work for a person whos talent and dedication is world-class. this year, I had the opportunity to work for Shawn Cheshire to vindicate her rights to be able to work out independently at an LA Fitness by her home in Florida. Shawn is a Paralympic cyclist who raced… Read More »