Hi All,
When sorting through the ways of how to start this month’s blog, I kept running into the same question, “Where do I start?” “Disability” is a broad term, encompassing affected hearing, vision, mobility, self-care, independent living, and cognitive difficulties.
In response to those affected by a form of “disability” outlined above, Mr. Justin Dart, Jr., saw a need to support those affected and thus, the Americans with Disabilities Act (ADA) was voted into being by the 101st United States Congress in 1990. The ADA’s purpose was “to establish a clear and comprehensive prohibition of discrimination on the basis of disability”. It was signed with its heart in the right place as “The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.”*
The ADA serves:
as a guide to help identify if a person is in fact considered disabled;
to prohibit employment discrimination based on a person’s disability/disabilities. This includes recruitment, hiring, promotions, training, pay, and social activities;
to provide accommodating services, programs, and activities on a state and local level. This includes public education, public transportation, recreation, health care, emergency and social services, voting, and recreation;
to provide accommodating services from business open to the public. Title II of the ADA applies to restaurants, hotels, retail stores, doctor’s offices, etc. This can also impact taxis, intercity/charter buses, hotel and airport shuttles;
to provide telecommunications allowing callers with hearing and speech disabilities to successfully communicate; and
to prohibit retaliation against a person standing up for their rights, including declining services they don’t want; and other important requirements.*
If you’re lucky enough not to have a disability, take a moment and really think about your current day-to-day activities. Could you make it through one day with limited hearing or without hearing at all? How about maintaining your current lifestyle with a serious vision impairment? How easily could you accept the vulnerability inherent in assistance with everyday self-care routines such as trips to the toilet or taking a bath?
Now that your world’s turned upside down, let’s see how this change will impact you beyond your day-to-day life. If you’re affected by a disability while pursuing work, get ready to earn less. Those with a disability earn 14.3%† less than their counterparts.
A company will often offset the effects of a disabled employee’s health insurance costs or Paid Time Off (PTO) in the form of lower wages.
What about Supplement Security Income (SSI) you ask? That’s a valid point friend. The SSI was established in 1972 as a needs-based program that provides monthly assistance to disabled or mature populations who have little income and/or few assets (i.e., bank accounts, property, stocks, bonds, etc.) ‡. When agreeing to the terms and conditions of any program, this is where it’s beneficial to look at the fine print. For instance, when the program states “little income” what does that amount to exactly? It means that if you are your household, then you can have no more than $2,000.00 in your checking and savings accounts combined at any given point in time. Yup, you read that right. It can be no more than $3,000.00 for a married couple. Say you and/or your partner’s/spouse’s monthly paycheck equals $1.00 over the limit. Well, apologies, but you simply no longer qualify.
So, you make too much to qualify for financial assistance, that you actually need, but not enough to cover your expenses because you are earning less than your intact/healthy counterparts. Now what? Well, now, this is likely the part where the credit cards, cash advances, and similar other forms of support come into play.
At one point in time, while working at a previous place of employment, I had burned through all my PTO during some of the more trying times. The company proposed that the additional time off I might need could be offered to me as a loan that I would have to pay back. Yes, you read that correct as well. Half of my paycheck was now converted into a loan that I had to pay back to the company. Anyone feeling the frustrations of having their hands tied? One day my supervisor stated they wanted to discuss an upcoming surgery. Once I had sat down, I was politely informed that I was no longer with the company but before depositing my keys, they kindly asked for the remainder of the loan before vacating the building. Nothing personal of course, just business.
Need to see your doctors/specialists? Because you’re likely to have more than one. Health insurance is harder to obtain and to keep when you’re disabled (thank you pre-existing conditions). Like your smartphone and tablet? Hope you love your old ones, because replacements aren’t in the budget.
These scenarios played out in this blog are simple facts of life for roughly 46.2 million Americans§ and what’s been presented is a grossly abbreviated version. Those living with one or multiple disabilities are the most courageous, resourceful people navigating sometimes-insurmountable obstacles. And they often make miracles happen by finding a place to start.
Like everything in life, not everything is gloom and doom. At a time when I needed support the most, I had fortuitous luck to come across friends who became family. These wonderful souls who understand that sometimes I’ll back out of plans at the last minute without gripe or complaint; who invite me into their kitchen to ensure that I have a decent meal and that some days a half portion is all that can be managed; who check in while bringing BLTs and Root Beer after yet another surgery; who wake up at 5:00 AM BEFORE coffee to get me to the procedure; is unconditional love personified.
If you have your health and abilities, please be grateful, but also understand that no one is safe in this arena. The majority of people described as disabled acquired their difficulties going through the ebbs and flows of life. This means that the majority of those who are now currently functioning and/or meet criteria as a disabled person once had complete health. This also includes the natural process of aging. Just by growing older, your chances of addressing/living with a disability become more of a possibility each day.
If it seems that the intention with which the ADA was enacted isn’t meshing with the actual execution of this law, welcome to the world of those roughly 46.2 million Americans.
It’s been more than 30 years since the Americans with Disabilities Act came into being. Members who signed this bill did so with their hearts in the right place, but once the ink dried, those with disabilities became numbers impacting a scarce budget, nothing more. This blog should matter because those currently living with disabilities are often overcoming more than just their disability and they're doing it against all odds. Though many of you reading this have your health, I’m grateful that you have it, but one day there’s a great chance that the statistics will include you too.
Sources
U.S. Department of Justice Civil Rights Division [ https://www.ada.gov/ ]
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