Are You Disabled?
Michael Miller, Sound Transit
 Did you answer no to the question in the title of this article? Many people do, even though they may qualify for as services for people with disabilities.
On the surface this seems to be a fairly simple question. But as you dig deeper, the answer is not simple at all. In reality, the answer to the question depends on who is asking and why they are asking. The Americans with Disabilities Act of 1990 is the federal civil rights law which protects people with disabilities from discrimination in employment; state and local government programs and services; access to places of public accommodations such as businesses, transportation, and non-profit services; and telecommunications.
Under the ADA, an individual with a disability is a person who: - has a physical or mental impairment that substantially limits one or more major life activities;
- has a record of such an impairment; or
- is regarded as having such an impairment.
The U.S. Census allows respondents to self-identify as a person with a disability. The 2000 Census asked the following questions:
Does this person have any of the following long-lasting conditions: a. Blindness, deafness, or a severe vision or hearing impairment?
b. A condition that substantially limits one or more basic physical activities such as walking, climbing stairs, reaching, lifting, or carrying? Because of a physical, mental, or emotional condition lasting 6 months or more, does this person have any difficulty in doing any of the following activities: a. Learning, remembering, or concentrating?
b. Dressing, bathing, or getting around inside the home?
c. (Answer if this person is 16 YEARS OLD OR OVER.) Going outside the home alone to shop or visit a doctor’s office?
d. (Answer if this person is 16 YEARS OLD OR OVER.) Working at a job or business? The laws of the state of Washington define disability as any abnormal sensory, mental or physical condition that: - is medically cognizable or diagnosable
- exists as a record or history
- is perceived to exist.
Confused yet? Well, hang on there’s more!
To be eligible for Social Security Disability you must have a disability which makes you unable to work. You must meet the following criteria: - You must be unable to do work you did before and Social Security decides that you cannot adjust to other work because of a medical condition.
- Your disability must last or be expected to last for at least one year or to result in death.
Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. Social security uses a five-step determination process which considers your current work activity, your medical condition and how it affects your ability to work.
Washington State Department of Social and Health Services uses the following criteria to determine if a person is eligible for benefits because of a disability ("Incapacitated" means that you cannot be gainfully employed as a result of a physical or mental impairment that is expected to continue for at least ninety days from the date you apply. "Physical impairment" means a diagnosable physical illness. "Mental impairment" means a diagnosable mental disorder. DSHS excludes any diagnosis of or related to alcohol or drug abuse or addiction): 1. DSHS determines that you are incapacitated if you are: a. Eligible for payments based on Social Security Administration (SSA) disability criteria;
b. Eligible for services from the division of developmental disabilities (DDD);
c. Diagnosed as having mental retardation based on a full scale score of seventy or lower on the Wechsler adult intelligence scale (WAIS);
d. At least sixty-four years old and seven months;
e. Eligible for long-term care services from Aging and Disability Services Administration; or
f. Approved through the progressive evaluation process (PEP). 2. DSHS considers you to be incapacitated for ninety days after: a. You are released from inpatient treatment for a mental impairment if (i) The release from inpatient treatment was not against medical advice; and (ii) There is no break in your participation between inpatient and outpatient treatment of your mental impairment.
b. You are released from a medical institution where you received long-term care services from the aging and disability services administration.
c. The Social Security Administration stops your Supplemental Security Income payments because you are not a citizen. Eligibility for COPES services is determined using the following:
You are eligible for COPES-funded services if you meet all of the following criteria. The department must assess your needs in CARE and determine that: (1) You are age (a) Eighteen or older and blind or have a disability, as defined in WAC 388-511-1105; or (b) Sixty-five or older. (2) You meet financial eligibility requirements. This means the department will assess your finances and determine if your income and resources fall within the limits set in WAC 388-515-1505, community options program entry system (COPES). (3) You: (a) Are not eligible for Medicaid personal care services (MPC); or (b) Are eligible for MPC services, but the department determines that the amount, duration, or scope of your needs is beyond what MPC can provide. (4) Your CARE assessment shows you need the level of care provided in a nursing facility (or will likely need the level of care within thirty days unless COPES services are provided) which is defined in WAC 388-106-0355(1). Think you’re done? Not yet! Now let’s look at the some other state and local programs. To be eligible for a disabled parking permit in the State of Washington you must meet one or more of the following qualifications: - Cannot walk two hundred feet without stopping to rest
- Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition
- Uses portable oxygen
- Legally blind with limited Mobility Initiative Program
- Ability to walk is restricted by lung disease to such an extent that forced expiratory volume, when measured by spirometry, is less that one liter per second, or the arterial oxygen is less than sixty mm/hg on room air at rest
- Class III Impairment by cardiovascular disease
- Class VI Impairment by cardiovascular disease
- Has a disability from an acute sensitivity to automobile emissions, which limits ability to walk
To be eligible for complimentary paratransit services offered by local transit agencies, you must have a disability which prevents you from performing the tasks required to ride regular buses some or all of the time.
A person with a disability who wants to apply for a “Flash Card” through the Seattle Mayor’s Office on Senior Citizens must meet one of the following criteria: - Possess a current Metro ADA Paratransit Card or regional reduced fare permit for disabled persons or
- Have an obvious physical impairment(s) meeting one or more of the medical criteria listed in the King County METRO Medical Eligibility Criteria and Conditions Brochure or
- Provide verification (no more than 12 months old) of Social Security Disability Income (SSDI); Supplemental Security Income (SSI), or Veterans Administration Income or
- Be legally blind or
- On life support or
- Provide certification of disability by a Washington State-licensed: Physician (MD); Psychiatrist; Psychologist (Ph.D.) or Audiologist certified by the American Speech, Language and Hearing Association.
Now just when you are thoroughly confused, we can thank the Washington State Supreme Court for muddying the waters even further. The Court recently ruled in the McClarity v. Totem Electric case that started in the lower court a year or so ago that the Americans with Disabilities Act (ADA) definition of "disability" will be used in determining whether an individual has a covered disability under the Washington Law Against Discrimination (WLAD).
So What Can You Do?
What ever you do, DO NOT try to navigate any of these systems on your on. Contact local human service agencies to see if you are eligible for case management services. If this doesn’t work, there are a number of citizen’s disability agencies or organizations who provide advocates to help people work through the system.
Even though the process can be long and involved, don’t give up. You are entitled to the services if you meet the eligibility criteria. Don’t let discouragement keep you from getting the services you need.
Who Can Help?
Crisis Clinic Crisis Clinic is deemed by King County as one of the key agencies to contact in times of disaster and to assist in defusing major crises. They also serve as a key entry point into the County mental health system. They help callers navigate the complex and confusing world of the social service system, and provide advocacy and follow-up for callers who have difficulty accessing services on their own.
Alliance of People with disAbilities
For more information on programs and services, or to receive assistance, contact one of the Alliance's two offices: Seattle (Voice: 206-545-7055; TTY: 206-632-3456; Toll-Free: 1-866-545-7055) or Redmond (Voice: 425-558-0993;TTY: 425-861-9588;Toll-Free: 1-800-216-3335). E-mail: info@disabilitypride.org Washington State Client Assistance Program
The Client Assistance Program (CAP) is an advocacy service which provides information about the Division of Vocation Rehabilitation (DVR), the Department of Services for the Blind (DSB), Projects with Industry (PWI) and Independent Living Programs (ILP's); information about your rights and responsibilities as an applicant or client of these rehabilitation agencies; help solving problems through mediation and negotiation; information on The Americans with Disabilities Act (ADA); and individualized advocacy services including assistance with administrative proceedings. Call (206) 721-5999 (voice); (206) 721-6072 (TTY), or e-mail caprogram@qwest.net.
Michael Miller is Project Manager for Sound Transit’s Mobility Initiative Program
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