Personal Injury and Social Security Disability Blog

Technology, Disability, And The Americans With Disabilities Amendments Act

The disabled, under Social Security, must generally prove they are unable to perform their prior jobs going back 15 years. To do this, individuals must show they cannot perform those jobs as they actually performed them or as the jobs are generally performed. Technology can make certain jobs easier to perform. For those who cannot adjust to their past work, or other work in the economy, disability is available.

Suzanne Robitaille writes about technology and its role in assisting those with disabilities in the workplace and general lifestyle. Her recent article “For the Disabled, More Power for Play” appears in BusinessWeek. She notes in her introduction that the new Americans with Disabilities Amendments Act that goes into effect in 2009 expands the number of disabilities previously recognized:

“Assistive technologies are prevalent in the workplace, but when people with disabilities gear up to have some fun their options are more limited. This may seem like an oversight, but it's not: Disability protections have mostly focused on boosting jobs for this group, and employer demands for computers, mouse alternatives, and similar assistive technologies have soared over the last decade.

With the New Year, the landscape will be altered—for the better—for the nation's 56 million disabled Americans. President Bush in September signed the Americans with Disabilities Amendments Act, which will go into effect Jan. 1, 2009. The act will expand on the original 1990 law to include more disabilities that affect "one or more major life activity," such as learning disorders, among many others. It will also clarify that a major life activity doesn't just include work. The act expands this definition to include communicating, reading, and other activities of central importance—such as plain old fun. The new requirements for businesses have not yet been spelled out."

EEOC Notice Concerning The ADA Amendments Act Of 2008

The Equal Employment Opportunity Commission (EEOC) recently published a notice about the changes to the Americans With Disabilities Act (ADA) that become effective January 1, 2009. The ADA will undergo some rather significant changes. Full details are available at the ADA Web site. Here is the EEOC notice:

On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:

    * directs EEOC to revise that portion of its regulations defining the term "substantially limits";
    * expands the definition of "major life activities" by including two non-exhaustive lists:
        * the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);
        * the second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
    * states that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
    * clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
    * provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the "regarded as" definition of disability, unless the impairment is transitory and minor;
    * provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation; and
    * emphasizes that the definition of "disability" should be interpreted broadly.

EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA.

Levers Replacing Doorknobs In American Homes

It has been reported that the percentage of lever door openers in homes is increasing year by year, and the percentage of doorknobs is falling. Levers now make up only 15% of all home door openers, but levers are gaining fast.

Aside from decorative features, levers have one big advantage over doorknobs, and that is the ease with which disabled people can operate them. Many Americans are simply unable to grasp and twist a doorknob. But almost anyone can operate a door lever -- with an open hand, a fist, or even an elbow.

The only drawback I have found with levers is that they can be operated by a toddler, or even (surprisingly) by a cat!

Levers are far more popular in public buildings because one requirement of the Americans With Disabilities Act is that doors to buildings accessible by the public must be "usable with one hand, without tight grasping, pinching or twisting of the wrist."

If you are doing any home remodeling or redecorating, please consider replacing doorknobs with levers. As you age, you will appreciate the levers more, and so will your guests and family members.

Link of the Day - United States Department of Transportation

In keeping with my recent posts about the Americans With Disabilities Act, the United States Department of Transportation Federal Transit Administration has a page entitled Access for Persons With Disabilities. Here is the Web site's self-description:

Overview
The goal of this program is to ensure that all Americans have access to transit to meet basic mobility needs. The passage of the Americans with Disabilities Act (ADA) in 1990 was recognized that persons with disabilities have the same rights as other citizens to access services and facilities that are available to the public. Congress also recognized that many practical problems had to be solved in reaching the goal of equal accessibility in transit.

Project Action was created to address these issues and to serve as a bridge between the transit and disabilities communities in addressing these issues. Project Action has worked to help translate the ADA transportation regulations into reality. The transportation industry has reached a critical period in addressing ADA requirements. The major issues that must be addressed are service standards, reliability, and cost effectiveness.

Paratransit has proven to be a reliable and useful service for persons with disabilities and usage has grown beyond expectation, resulting in higher than anticipated costs. It remains a priority to address these issues by mainstreaming persons with disabilities onto fixed route transit, and to better coordinate ADA paratransit to reduce trip costs. Additionally, because approximately 70 percent of adults with disabilities are unemployed and receive public assistance, mobility issues related to welfare reform must be addressed along with mobility of persons with disabilities. Much of the emphasis to date has been on reducing physical barriers to transit use. A growing need is to make transit available to persons whose disabilities are sensory, such as being sight or hearing impaired. Research and technology development in this area goes beyond removal of physical barriers but also must address how information about transit services is made available.

Link of the Day - U.S. Access Board

The U.S. Access Board is a federal government agency. The Mission Statement at their Web site nicely summarizes their purpose:

Mission

The Access Board is an independent Federal agency devoted to accessibility for people with disabilities. Created in 1973 to ensure access to federally funded facilities, the Board is now a leading source of information on accessible design. The Board develops and maintains design criteria for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology. It also provides technical assistance and training on these requirements and on accessible design and continues to enforce accessibility standards that cover federally funded facilities.

The Board is structured to function as a coordinating body among Federal agencies and to directly represent the public, particularly people with disabilities. Half of its members are representatives from most of the Federal departments. The other half is comprised of members of the public appointed by the President, a majority of whom must have a disability.

Link of the Day - ADA Technical Assistance Program

To go along with yesterday's Link of the Day, here is another ADA site. The ADA Technical Assistance Program describes itself this way:

The National Institute on Disability and Rehabilitation Research (NIDRR) has established ten regional centers to provide information, training, and technical assistance to employers, people with disabilities, and other entities with responsibilities under the ADA. The centers act as a "one-stop" central, comprehensive resource on ADA issues in employment, public services, public accommodations, and communications. Each center works closely with local business, disability, governmental, rehabilitation, and other professional networks to provide ADA information and assistance. Programs vary in each region, but all centers provide the following:

• Technical Assistance
• Education and Training
• Materials Dissemination
• Information and Referral
• Public Awareness
• Local Capacity Building

In addition to ADA services the centers assist individuals and entities in better understanding related disability legislation which may impact their rights or responsibilities. Information on the Rehabilitation Act, the Family Medical Leave Act, Workforce Investment Act and others can typically be provided by a Center.

Of special interest to those with involvement in education settings will be materials and technical assistance developed to assist in efforts to make educational experiences accessible to all participants. This includes assuring accessibility not only to the physical site of the entity, but also of the programs and technology used in the experience. This includes building accessible web pages, assuring that distance learning programs are accessible and assuring that technology purchases are those which are best able to work with assistive devices used by people with disabilities.

Link of the Day - ADA Document Portal

The ADA Document Portal is a great Web site for information about the Americans With Disabilities Act. Here you'll find tons of information and links to other resources.

Link of the Day - Elimination Of Architectural Barriers

The Texas Department of Licensing and Regulation is the state's umbrella occupational regulatory agency, responsible for the regulation of 22 occupations and industries. One of the agency's many duties is to set and enforce architectural standards dealing with handicap access.

You can find tons of information about these standards, and even complaint forms, at the Elimination of Architectural Barriers Web site.

Link of the Day - Coalition Of Texans With Disabilities

The Coalition of Texans with Disabilities (CTD) is just what the name implies -- a group of people and organizations dedicated to helping those with disabilities or impairments, especially helping through the legal and political process.

There are many resources at CTD's Web site, and you should check it out thoroughly. Here are a few excerpts from the site:

History

In 1978 a diverse group of disability advocates met in Houston with the goal of forming a statewide consumer-run disability advocacy organization. These visionary Texans recognized that it was important for people with disabilities to have their own cross disability organization, a coalition that would work to break down the barriers to full inclusion in all aspects of society.

Over the years, The Coalition of Texans with Disabilities (CTD) has established a proven track record of success and continues to positively influence policy and practice for the benefit of Texans with disabilities. Twenty nine years after its inception, CTD continues to work hard to ensure that people with disabilities may live, work, learn, play, vote and participate fully in the community of their choice.

The Coalition has an especially helpful page that lets visitors locate their state and federal political representatives, and makes it easy to sign up for political Action Alerts and to contact politicians about important pending matters. Here is an excerpt:

Disability Consulting Services and Advocacy

CTD is a social and economic impact organization representing people of all disabilities of all ages. Through governmental advocacy public awareness activities, and professional disability consulting CTD ensures that persons with disabilities may work, live, learn, play and participate fully in the community of their choice.

Directly tell your legislator what you think about disability issues. You can now RAISE YOUR VOICE to the person who represents you in Austin through the RAISE YOUR VOICE page on our website. RAISE YOUR VOICE will show you how to contact the person who represents you in Austin through either e-mail or the postal service.

You will receive Action Alerts about important legislative issues when you register with this service. We will send you these Alerts whenever urgent action is crucial on legislative issues.

Congratulations to these good people for providing assistance to those who need it most.

Link of the Day - Americans With Disabilities Act

The Americans With Disabilities Act touches us in many ways. Reading and understanding it is not always easy, but if you, like so many of our personal injury clients and Social Security disability claimants, suffer from a disability, this act affects you.