Preventing Falls for People with Intellectual Disability (ID)

HealthMeetFalls can cause injuries that make it hard to live as independently as possible. Equally important, many people who fall once develop a fear of falling. This fear may cause them to be inactive, which only increases risk of falling in the future.

According to findings from over 1,400 adults with ID, 18 percent* fell at home in the past year. While many consider falling an issue only for older adults (ages 65 or older), of whom 33 percent report falling each year, these findings came from respondents ages 14 or older. This implies that people with ID of all ages may be more likely to fall and may need more help to avoid falls at home.

Luckily, falling is preventable.

There are many steps that people with ID, family, friends, and staff can take to decrease the chance of falling.

  1. Exercise, exercise, exercise – Doing exercises that improve leg strength and balance are especially beneficial for reducing rates of falls. Tai Chi programs are especially helpful. The National Center on Health, Physical Activity and Disability (NCHPAD) and Disabled Sports USA offers examples of Tai Chi movements for people with disabilities.
  1. Review medications with doctors/pharmacists – Medicines may be causing side effects like dizziness or drowsiness that may cause people to fall.
  1. Visit the eye doctor – Having eyes checked and a prescription updated once a year can help ensure that a person sees any potential falling hazard in his/her way.
  1. Make the home and The Arc safer – Adding grab bars inside/outside a tub or shower and next to a toilet, adding railings on both sides of the stairways or improving lighting in a home or building can lessen the risk of falls. Check out this checklist from the Centers for Disease Control (CDC) on how you can make a home or building safer.
  1. Connect with falls prevention programs – One great resource center is the National Falls Prevention Resource Center, which provides falls prevention materials for families and professionals. This Center also supports grantees addressing falls prevention issues in local communities. Any chapter of The Arc interested in falls prevention for people with ID is encouraged to connect with these grantees to find out more on how to work together to prevent falls in local communities!

*These findings come from The Arc’s HealthMeet project.

HealthMeet aims to reduce health disparities experienced by people with intellectual or developmental disabilities (I/DD) so they can live a longer and healthier life. Through free health assessments and training, HealthMeet helps people with I/DD learn about their health needs. HealthMeet also offers training to improve public, health professional, and caregiver awareness of health issues faced by people with I/DD. HealthMeet is supported through at $1 million cooperative agreement with the Centers for Disease Control and Prevention. For more information on the HealthMeet project, contact Jennifer Sladen at sladen@thearc.org.

The Arc Joins Over 70 National Organizations to Speak Out Against Attacks on Social Security, SSDI

Social Security and its disability program are incredibly important to people with I/DD, providing modest support to make living independently a reality.  But this vital system is under attack in Washington, DC. Today, The Arc joined other major national organizations to release a letter with Senator Sherrod Brown (below) to oppose any cuts to the program.  Sign up for The Arc’s action center to stay informed and act to stop Congress from making cuts.

March 17, 2015

The Honorable Orrin Hatch

Chair, Committee on Finance

U.S. Senate

219 Dirksen Senate Office Building

Washington, DC 20510

 

The Honorable Sam Johnson

Chair, Subcommittee on Social Security

Committee on Ways and Means

U.S. House of Representatives

B317 Rayburn House Office Building

Washington, DC 20515

 

The Honorable Paul Ryan

Chair, Committee on Ways and Means

U.S. House of Representatives

1102 Longworth House Office Building

Washington, DC 20515

The Honorable Jeff Flake

U.S. Senate

368 Russell Senate Office Building

Washington, DC 20510

 

The Honorable Joe Manchin

U.S. Senate

306 Hart Senate Office Building
Washington, DC 20510

 

RE:      Opposition to proposals to eliminate or reduce concurrent Social Security Disability Insurance (SSDI) and Unemployment Insurance (UI) benefits

Dear Chairman Hatch, Chairman Johnson, Chairman Ryan, Senator Flake, and Senator Manchin:

The undersigned members of the Consortium for Citizens with Disabilities (CCD), the Coalition on Human Needs, and the Strengthen Social Security Coalition write to express our opposition to proposals to eliminate or reduce concurrent Social Security Disability Insurance (SSDI) and Unemployment Insurance (UI) benefits, including the “Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act of 2015” (S. 499; H.R. 918) and the “Reducing Overlapping Payments Act of 2015” (S. 343).

SSDI and UI are vital insurance systems established for different purposes. Receiving UI and SSDI concurrently is legal and appropriate. This has been the long-standing position of the Social Security Administration and of the courts. Individuals qualify for SSDI because they have significant disabilities that prevent work at or above Social Security’s Substantial Gainful Activity level (earnings of $1,090 per month, in 2015). At the same time, the Social Security Act encourages SSDI beneficiaries to attempt to work, and those who have done so at a low level of earnings but have lost their job through no fault of their own may qualify for UI. As highlighted in a 2012 Government Accountability Office report, less than one percent of individuals served by SSDI and UI receive concurrent benefits, and the average quarterly concurrent benefit in fiscal year 2010 totaled only about $3,300 (or an average of $1,100 per month).

These extremely modest benefits can be a lifeline to workers with disabilities who receive them, and their families – and as permitted by law are neither “double-dipping” nor improper payments. We are deeply concerned by any prospect of worsening the economic security of workers with disabilities and their families.

In addition, proposed cuts to concurrent benefits single out SSDI beneficiaries with disabilities, treating them differently from other workers under the UI program.

Finally, proposed cuts to concurrent benefits create new disincentives to work for SSDI beneficiaries, by penalizing individuals who qualify for both SSDI and UI because they have attempted to work, as encouraged by law. The creation of a new work disincentive runs directly counter to our shared goal of expanding employment opportunities for people with disabilities.

For these reasons, the undersigned national organizations strongly oppose the “Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act of 2015” and the “Reducing Overlapping Payments Act of 2015.” We urge Congress to reject these bills and any similar legislation.

Sincerely,

9to5

ACCSES*

AFL-CIO

Alliance for Retired Americans

Alliance for Strong Families and Communities

American Council of the Blind*

American Federation of Government Employees (AFGE)

American Federation of State, County and Municipal Employees (AFSME)

American Foundation for the Blind (AFB)*

Americans for Democratic Action (ADA)

Association of Assistive Technology Act Programs*

Association of University Centers on Disabilities*

Autism National Committee*

Autistic Self Advocacy Network (ASAN)*

B’nai B’rith International

Brain Injury Association of America*

Campaign for America’s Future

Center for Community Change Action

Center for Effective Government

Coalition on Human Needs

Community Legal Services*

Disability Rights Education and Defense Fund*

Easter Seals*

Equal Rights Advocates

Every Child Matters Education Fund

Food Research & Action Center (FRAC)

Goodwill Industries International*

Health & Disability Advocates*

Justice in Aging*

Latinos for a Secure Retirement

Lupus Foundation of America*

Lutheran Services in America Disability Network*

MomsRising

NAACP

National Advocacy Center of the Sisters of the Good Shepherd

National Alliance on Mental Illness*

National Association of Councils on Developmental Disabilities*

National Association of Disability Representatives*

National Association of State Directors of Special Education*

National Association of State Head Injury Administrators*

National Committee to Preserve Social Security and Medicare*

National Council of Jewish Women

National Council on Aging*

National Council on Independent Living*

National Disability Rights Network (NDRN)*

National Down Syndrome Congress*

National Employment Law Project

National Employment Lawyers Association

National Industries for the Blind*

National Multiple Sclerosis Society*

National Organization for Women

National Organization of Social Security Claimants’ Representatives*

National Priorities Project

National Respite Coalition*

National Women’s Law Center

NETWORK, A National Catholic Social Justice Lobby

OWL-The Voice of Women 40+

Paralyzed Veterans of America*

Provincial Council of the Clerics of St. Viator (Viatorians)

Racial and Ethnic Health Disparities Coalition

Social Security Works

SourceAmerica*

Special Needs Alliance*

Strengthen Social Security Coalition

The Arc of the United States*

The Jewish Federations of North America*

The John O’Leary Organization

The Judge David L. Bazelon Center for Mental Health Law*

Union for Reform Judaism

United Cerebral Palsy*

United Spinal Association*

United Steelworkers (USW)

USAction

Vietnam Veterans of America (VVA)*

World Institute on Disability*

 

CC:

 

Original cosponsors, S. 499

The Honorable Daniel Coats

The Honorable James M. Inhofe

The Honorable James Lankford

The Honorable Tim Scott

 

Original cosponsors, H.R. 918

The Honorable Todd C. Young

The Honorable Mike Kelly

The Honorable Patrick J. Tiberi

The Honorable Diane Black

The Honorable David G. Reichert

The Honorable Charles W. Boustany, Jr.

The Honorable Adrian Smith

The Honorable James B. Renacci

The Honorable Tom Reed

The Honorable Aaron Schock

 

Members, U.S. Senate

Members, U.S. House of Representatives

 

* Members of the Consortium for Citizens with Disabilities (CCD).

 

The CCD is a coalition of national organizations working together to advocate for federal public policy that ensures the self-determination, independence, empowerment, integration, and inclusion of the approximately 57 million children and adults with disabilities in all aspects of society.

Calling it Modern Doesn’t Make It Good – No “Modern Asylum” Will Benefit This Generation of People with Disabilities

Recently, Dr. Christine Montross made what The Arc believes to be a deeply flawed argument in favor of institutionalization for individuals with intellectual and developmental disabilities (I/DD), or as she put it, “a modern asylum”. Dr. Montross failed to address a number of key factors in her piece, but what was most disturbing was the complete lack of reference to the desires of individuals with I/DD.

When The Arc was founded, nearly 65 years ago, it was all too common for doctors to tell parents that the best place for their child with I/DD was in an institution. Emboldened by their collective desire to raise their children as part of their families and communities, and their refusal to accept institutionalization as the only option, The Arc’s founders fought for inclusion. To this day, The Arc stands by the belief that all people, regardless of disability, deserve the opportunity for a full life in their community where they can live, learn, work and play through all stages of life.

The vast body of research on deinstitutionalization has established that moving from institutional settings and into smaller community-based ones leads to better outcomes for people with I/DD (Kim, Larson, & Lakin, 1999; Larson & Lakin, 1989, 2012). In fact, studies continue to show that people with I/DD benefit from moving to the community from an institutional setting. More powerful than any of the research are the stories from individuals who transitioned from institutions into the community. These stories breathe life into this research and The Arc’s mission.

Dr. Montross’ op-ed offended many readers, but it did highlight a systemic issue. Many health care providers will not accept people with I/DD as clients, or do not feel that they have the expertise to appropriately serve them. Furthermore, there are practitioners who will not accept clients who are reliant on Medicaid as their primary payer of health care services due to low reimbursement rates. Combined, these issues create a system that doesn’t always adequately serve all people with I/DD.

Weaknesses in the ability of some community-based mental health treatment systems to adequately meet the needs of clients does not necessitate the return of people to archaic institutional settings. Instead, it should lead to a public outcry for vast and immediate improvements in the capacity of communities to provide mental/behavioral health care to those who need it. The Arc strongly believes that the solution is not to move back to antiquated institutions. The way forward does not, as Dr. Montross states, “[include] a return to psychiatric asylums.” The way forward includes serving all citizens and demands an evolution in the attitudes of health care practitioners which includes the belief that all people, regardless of disability, deserve the same opportunities to enjoy full lives in their communities.

While there is no denying the issues she references, as often as possible the choice of where to live must be made by the individuals who will be impacted. And, as history has shown, the approach suggested by Dr. Montross has been attempted in the past and it resulted in Willowbrook and countless other atrocities in the name of “patient care.” While community supports for individuals with I/DD can benefit from improvement, we have come too far to take a step back towards segregated settings.

We welcome a discussion with Dr. Montross. Our hope is next time she has a national platform like the New York Times she chooses to consider the desires of individuals with I/DD and the history of isolation and oppression they faced in institutions before making suggestions about what is best for them.

DPS 2015 – Get Involved and Get the Facts!

DPS logoThis year’s Disability Policy Seminar is coinciding with some remarkable anniversaries. In 2015 we are set to celebrate the 25th anniversary of the passage of the Americans with Disabilities Act and the 50th anniversary of Medicaid and Medicare. The passage of this transformative legislature would not have been possible without the hard work of congressional leaders and disability advocates, like you! We can celebrate these monumental achievements, but we can’t stop there.

We need everyone who can to attend DPS so that every congressional district is represented. We have to keep the momentum going and strengthen our relationships with members of congress so that we can work together to advance our public policy agenda. This year’s Disability Policy Seminar is taking place April 13th- 15th, in Washington, D.C., at a new location – Renaissance Washington, D.C. Downtown Hotel. Come and be a part of the solution by registering today! Early bird registration and discounted pricing is set to end on March 13th. In order to get the most out of hill meetings, you must come to DPS. On the first day of DPS, you’ll be treated to an informative opening session from Rud Turnbull. During his session, Families Making a Difference: How Advocacy Advanced Civil Rights, Rud will explain his family’s journey in gaining meaningful changes in federal disability policy. This session will explore advancing civil rights though the concepts of empathy, compassion, dignity, and the ethical community. It is the perfect opening session to get you prepared for the next three days.

This year’s program is designed to prepare you and give you an accurate sense of what is happening in Congress. We want to show Congress that the disability advocacy network is strong and vast. Visit www.disabilitypolicyseminar.org to get full program information and to register.

Get involved and get the facts!

Hosted by: The Arc, United Cerebral Palsy (UCP), Association of University Centers on Disabilities (AUCD), American Association on Intellectual and Developmental Disabilities (AAIDD), National Association of Councils on Developmental Disabilities (NACDD), and Self-Advocates Becoming Empowered (SABE)

Promotional Support Provided by: Sibling Leadership Network and the American Association of People with Disabilities (AAPD)

Advances in Affordable Housing – The Arc Applauds $150 Million in New Funding for States

Washington, DC – The Arc released the following statement in response to the U.S. Department of Housing and Urban Development’s (HUD) announcement of awards totaling $150 million to 24 states and the District of Columbia to develop an estimated 4,584 units of inclusive, affordable supportive housing in the community for people with significant disabilities and extremely low incomes. HUD awarded the funds through the recently-modernized Section 811 Supportive Housing for Persons with Disabilities Project Rental Assistance (PRA) program. The Section 811 PRA program is designed to assist state housing agencies to expand integrated, supportive housing opportunities for people with the most significant and long term disabilities, and was the centerpiece of the Frank Melville Supportive Housing Investment Act of 2010.

“Like all Americans, people with intellectual and developmental disabilities deserve the opportunity to live independently in the community with their peers. Unfortunately, across our nation low-income people with disabilities face a severe shortage of accessible and affordable housing. The money being awarded by HUD will continue the progress and promise of the Melville Act, allowing thousands of individuals to live in the community, where they belong. For many, this announcement is the difference between life in an institution and inclusion in their communities,” said Peter V. Berns, CEO of The Arc.

Section 811 is the only HUD program dedicated to producing affordable, accessible housing for non-elderly, very low-income people with significant disabilities. The Frank Melville Supportive Housing Investment Act of 2010 modernized Section 811 to make the program more efficient and effective. Today’s awards are the second round of funding under the new Section 811 PRA program, which will create integrated housing linked with community-based services for low-income adults with significant disabilities.

Along with the District of Columbia, states receiving awards are: Alaska, Arizona, California, Colorado, Connecticut, Georgia, Illinois, Kentucky, Maryland, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, Nevada, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, and Wisconsin.

Love Your Heart

Heart graphic

Corazon image via Ilhh, used under a Creative Commons license

The leading cause of death for both men and women in the US is heart disease, with 1 in 4 deaths being attributed to it. February is recognized by many organizations as American Heart Month. While there are things that can affect your heart that are out of your control (such as genetics, race, sex), luckily there are many things that can be easily altered in an individual’s lifestyle that can help improve your heart health.

Individuals with intellectual and developmental disabilities (IDD) are at an increased risk of developing secondary health issues and engaging in risky behaviors that can lead to an increased risk of heart disease. However, many of these secondary issues can be modified, and in exchange lead to a healthier heart. We found what we believe are six of the top factors that affect individuals with IDD (and those without IDD) that can be altered/maintained in their lifestyle to help keep their heart healthy.

  1. Eat healthy and be physically active

Healthy eating leads to increased energy, weight loss, and lower cholesterol levels. If possible, try to stay away from frozen/processed meals, which can be high in trans-fat, and eat fresh foods. Some other healthy eating tips are:

  • Make half your plate fruits and vegetables.
  • Don’t completely cut yourself off from treats! Once-a-week type special treats or sweets help to reduce cravings and binge eating, but should not be eaten every day.
  • On Sundays, plan your meals for the entire week, so you know what you’ll be eating each day.
  • Cookbooks such as Cooking By Color, can help individuals with IDD learn about how to prepare simple, healthy meals at home.

CDC Vital Signs put out a report in May 2014 stating that nearly half of all individuals with disabilities get no physical activity. Recommended strategies to be more physically active are:

  • Get 30 minutes of physical activity five days a week. This can include joining a walking club, dancing, online workout videos, or attending a yoga/fitness class at your local Chapter of The Arc or fitness center.
  • If 30 minutes is too long to exercise all at once, split it up and do three 10 minute segments throughout the day. Individuals will reap the same health benefits as doing it all at once.
  1. Maintain a healthy weight

Thirty six percent of individuals with disabilities are considered obese as compared to 23% of individuals without disabilities. Regular physical exercise and healthy eating will help individuals to maintain a healthy weight and reduce the risk of developing type II diabetes, which is another risk factor that contributes to heart disease.

  1. Quit smoking

According to the CDC the rate of individuals with disabilities that smoke is notably higher than of those who do not have a disability. The chemicals and plaque from tobacco build up on the inside of the arteries, causing the passageway to narrow. This puts a lot of extra stress on the heart muscle to work harder than usual to make sure blood is circulating through the body.

Some resources to help individuals with IDD quit smoking include…

  1. Maintain a healthy blood pressure level

Individuals with IDD are 13% more likely to have high blood pressure/hypertension than those without disabilities. One cause of this could again stem back to lack of physical activity and poor eating habits. Normal blood pressure is 120/80. Other ways to help reduce blood pressure to safe levels are:

  • Reduce sodium – replace salt with spice to flavor foods
  • Don’t smoke
  • Limit stress levels
  • Reduce alcohol consumption or drink in moderation
  • In extreme cases medication may be required
  1. Don’t drink alcohol or drink in moderation

Moderation for men is 1-2 drinks per day and 1-per day for women. Excessive alcohol use over time can cause high blood pressure, irregular heartbeats, contribute to cardiomyopathy and stroke, or lead to heart failure.

  1. Manage stress

Stress levels for some individuals with IDD can be elevated daily due to frustration caused by communication barriers with peers/physicians/staff, or lack of ability to fully grasp certain concepts in school/work/social environments. In stressful situations, individuals might also choose to respond in non-healthy ways, such as overeating, smoking, or drinking alcohol as ways to cope. Enforcing good daily habits to deal with stress, such as exercising, meditating, or talking with friends/family, will help individuals with IDD manage stress in a healthy manner.

Making a few of these changes could have a huge impact on your heart and the way your body works. Learn more about how these 5 categories and how to improve your health by utilizing the resources from The Arc’s HealthMeet project.

The Arc Applauds Federal Agencies for Standing Up for Rights of Massachusetts Mother with Disability

Washington, DC – Recently, the U.S. Department of Justice and Department of Health and Human Services found that the Massachusetts Department of Children and Families (DCF) violated the rights of a mother with developmental disabilities. The mother was denied the opportunity to benefit from supports and services following the removal of her two-day-old infant, and over the next two years as she was seeking to reunite with her daughter.  Unfortunately, despite research that affirms the ability of parents with intellectual and/or developmental disabilities (I/DD) to raise a child successfully with appropriate and effective supports, access to these supports continues to be limited, fragmented and uncertain.  The Arc is a strong proponent of the right of parents with I/DD to raise children with supports, as needed, from family, agencies and the community.

“Plain and simple, this is a case of discrimination against a person with a disability and a clear violation of the Americans with Disabilities Act. This mother has rights that the state ignored and the outcome is appalling. The situation easily could have been resolved when she was pregnant, not two days after she gave birth. Had the situation been dealt with earlier, a plan could have been crafted and mother and daughter could be together receiving the supports they needed from family and the community. We are grateful to the Departments of Justice and Health and Human Services for standing up for the rights of this mother and for parents with I/DD across the country,” said Peter Berns CEO of The Arc.

The Arc of Massachusetts is supporting state legislation to prohibit discrimination against adults with disabilities in family and juvenile court proceedings.  Parents with disabilities are more likely to lose custody of their children after divorce.  According to the National Council on Disability, removal rates of children from parents with psychiatric or intellectual disability is as high as 70—80%. Parents with sensory or physical disabilities also experience extremely high removal rates and loss of their parental rights.

“We hope that caseworkers and leadership at DCF learn from this decision,” said Leo V. Sarkissian, Executive Director of The Arc of Massachusetts.  “Some DCF offices do recognize that persons with disabilities can be effective parents and have shown that in partnering with chapters and other disability support agencies.”

In Massachusetts two local chapters (EMArc and the United Arc) collaborate with DCF in order to provide high quality, curriculum founded, home-based intensive services for parents with I/DD  and have provided these services and supports for over 15 years.

For further information see the recent report of the National Council on Disability: “Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children,” which can be found at: http://www.ncd.gov/publications/2012/Sep272012/.

The Arc Receives Support from Mitsubishi Electric America Foundation for Employment Program

Washington, DC – The Arc is pleased to announce that it has received $105,000 over three years from the Mitsubishi Electric America Foundation to support its Specialisterne Replication project.  The Specialisterne program creates inclusive employment opportunities for youth with Autism Spectrum Disorder (ASD), including Asperger’s Syndrome, in the information technology (IT) field.
The Arc has a partnership with Specialisterne USA,  a 501(c)(3) charitable organization established by The Specialist People Foundation, a Danish nonprofit organization that works to create meaningful employment for people with autism and similar challenges by building relationships with technology companies that need employees whose skill sets match the characteristics of many people on the autism spectrum.  The program engages top companies with IT needs interested in hiring youth with ASD and pairs them with chapters of The Arc that provide short-term intensive training and on-the-job support for youth with ASD.  At the end of training, companies may hire program participants as developers, programmers, analysts, and administrators.  Employers also receive training on supporting employees with ASD.  Chapters of The Arc in Philadelphia and New York, working in collaboration with Specialisterne USA, began replicating the Specialisterne program in 2014.  The 2015-2016 grant will allow The Arc to expand this crucial program to the Washington, DC area.
The program emphasizes that many youth with ASD are qualified to work in highly skilled positions, and with employer commitment and support they can be successful in community-based jobs of their choosing.
“There are many young people with ASD that possess the skills that are in high demand in the tech industry.  This program plays matchmaker, and through our chapter network, we can not only connect a population we serve with employment in the community, we are raising awareness in a major industry about what people with disabilities can do.  It’s an exciting initiative and we are thrilled to have the Mitsubishi Electric America Foundation’s support,” said Peter Berns, CEO of The Arc.
Mitsubishi Electric America Foundation has released  $1,539,600 in new and continuing grants, as part of its national M>PWR Initiative designed to empower youth and young people with disabilities to lead productive lives through increased employment.

Execution of Warren Hill “Shakes the Foundation of our Legal System for People with Intellectual Disabilities”

Washington, DC – This evening, the state of Georgia executed Warren Hill, a man who experts unanimously determined to have intellectual disability, which should have ruled out the death penalty per a 2002 Supreme Court ruling, Atkins v. Virginia, and a 2014 Supreme Court ruling, Hall v. Florida. There was a stay motion and a petition for a writ of certiorari filed to the U.S. Supreme Court which was denied this evening. Justice Stephen Breyer and Justice Sonia Sotomayor voted to stay the execution.

“Georgia’s ability to ignore experts and cross the line drawn by a more than decade-old Supreme Court ruling shakes the foundation of our legal system for people with intellectual disabilities. Just last year, the Supreme Court reaffirmed its commitment to ensuring justice for individuals with intellectual disability, with their ruling in Hall v. Florida, and it is extremely disappointing that following this decision justice did not prevail in Georgia.

“The facts in this case are clear – experts unanimously agreed that Mr. Hill had intellectual disability, yet the appeals at the state and federal levels were ignored.  The state’s actions in this case are unconscionable,” said Peter Berns, CEO of The Arc.

Warren Lee Hill, was found by a state court judge to have an IQ of approximately 70 and to meet the criteria for intellectual disability overall by a preponderance of the evidence. Georgia’s “beyond a reasonable doubt” legal standard for proving intellectual disability claims prevents Mr. Hill from being protected by Georgia and federal law prohibiting the execution of people with intellectual disability.

“This is a sad day for our community, and a shameful one for the courts that allowed this unconstitutional execution to take place. Our thoughts and prayers are with Mr. Hill’s family and his legal team.  The Arc will continue fighting for the rights of people with intellectual and developmental disabilities, and in the aftermath of this case we will only increase our legal advocacy efforts to ensure that the Supreme Court’s decisions are upheld and justice is appropriately served,” said Berns.

The Arc has been involved in this case for years. Nationally The Arc has participated in an amicus brief before the U.S. Supreme Court and written multiple letters urging clemency on behalf of Mr. Hill.

In its 2002 Atkins decision, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability (formerly referred to as “mental retardation”) and banned the execution of persons with intellectual disability as cruel and unusual punishment under the Eighth Amendment. In its more recent 2014 Hall decision, the U.S. Supreme Court again reinforced its earlier decision that people with intellectual disabilities not be executed, requiring that consideration of evidence beyond IQ tests be taken into account when determining intellectual disability.

The Arc Responds to Denial of Clemency for Warren Hill

Washington, DC – This morning, the Georgia Board of Pardons and Paroles voted to deny clemency in the case of Warren Hill, a man who has an intellectual disability (ID). Mr. Hill’s diagnosis of intellectual disability allows for protections found within the U.S. Supreme Court’s decisions in Atkins v. Virginia and Hall v. Florida. There is a stay motion and a petition for a writ of certiorari with the U.S. Supreme Court. They can still intervene and stay the execution, sparing Mr. Hill’s life.

“A gross miscarriage of justice has been committed in Georgia today. It is extremely disappointing that the Georgia Board of Pardons and Paroles failed to listen to pleas from The Arc, other organizations and experts to commute Mr. Hill’s sentence to life in prison without possibility of parole.  The facts in this case are clear – and the state’s action clearly goes against the U.S. Supreme Court’s previous decisions in Atkins v. Virginia and Hall v. Florida. We hope that the Supreme Court will intervene and stay the execution, they are the last and only chance for justice in this case,” said Peter Berns, CEO of The Arc.

Warren Lee Hill, was found by a state court judge to have an IQ of approximately 70 and to meet the criteria for intellectual disability overall by a preponderance of the evidence. Georgia’s “beyond a reasonable doubt” legal standard for proving intellectual disability claims prevents Mr. Hill from being protected by Georgia and federal law prohibiting the execution of people with intellectual disability.

The Arc has been involved in this case for years. Nationally The Arc has participated in an amicus brief before the U.S. Supreme Court and written multiple letters urging clemency on behalf of Mr. Hill.

In its 2002 Atkins decision, the U.S. Supreme Court recognized the special risk of wrongful execution faced by persons with intellectual disability (formerly referred to as “mental retardation”) and banned the execution of persons with intellectual disability as cruel and unusual punishment under the Eighth Amendment. In its more recent 2014 Hall decision, the U.S. Supreme Court again reinforced its earlier decision that people with intellectual disabilities not be executed, requiring that consideration of evidence beyond IQ tests be taken into account when determining intellectual disability.