The Arc Responds to Bipartisan Health Care Legislation

Washington, DC – The Arc released the following statement in response to Senator Lamar Alexander (R-TN) and Senator Patty Murray (D-WA) releasing bipartisan health care legislation:

“The Arc commends Senators Lamar Alexander and Patty Murray for their bipartisan work on health care. Together they have developed legislation that continues the cost-sharing reduction payments that help low income people access affordable health insurance for two years. Stopping these payments raises concerns about insurers significantly raising premiums or dropping out of the market place. A short-term extension will help stabilize the market place.

“The Arc encourages Congress to continue to work in a bipartisan manner on health care issues. People’s lives are at stake and we need a solution that supports all citizens including people with intellectual and developmental disabilities and those with significant medical needs. We appreciate the leadership shown by Chairman Alexander and Ranking Member Murray of the Senate Health, Education, Labor and Pensions Committee,” said Peter V. Berns, CEO of The Arc.

The agreement that Senators Alexander and Murray announced would also partially restore federal funding to the Department of Health and Human Services for consumer outreach and education and enrollment assistance. These services, which were cut earlier this year, help people enroll and understand the different plan options available. Restoring funding for these programs will be critical to ensuring the expansion of health care coverage and to reduce the number of uninsured people.

The bill also makes changes to the Section 1332 state waiver process. Section 1332 was included in the Affordable Care Act (ACA) to give states the option to experiment with other health coverage models as long as they maintain access to high quality, affordable health care, and maintain the consumer protections in the ACA. The proposal would keep the consumer protections in Section 1332 but streamlines the administration of the waiver.

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.

No Rest for the Weary: Hurricane Harvey and Its Effects on People with Disabilities in Beaumont, Texas

by Hannah Colletti, The Arc of Greater Beaumont

People with Disabilities Affected by Hurricane Harvey

Some of the clients and providers staying at The Arc of Greater Beaumont pose for a picture in front of boxes of generous donations.

The flooding in Beaumont was unprecedented. Slowly, one by one, different sections of the city took on water. Some flooded during the days of seemingly ceaseless rain. Others flooded days after the storm, when the sun had finally come out, but when the bayous and rivers began to crest. Among the masses of those affected were people with disabilities. When one group home flooded, clients took shelter in another, until eventually a majority of homes had been damaged. Without a place to go, The Arc of Greater Beaumont offered refuge in their building. Chapter staff and their board scrambled to find air mattresses, pop up tables, and folding chairs to make people as comfortable as possible, as residents of five flooded group homes took refuge.

People saved what they could carry. John, a 21-year-old regular client of The Arc of Greater Beaumont with cerebral palsy, had a change of clothes, an extra pair of tennis shoes, a computer bag, a heat pack to help ease the recurring pain in his shoulder, and a single framed portrait of his family. He had lived in a group home in Bevil Oaks since December of last year, but unfortunately, it was almost completely underwater. Without a house to return to here in Beaumont, he feared he would be transferred to a home two hours away in Lufkin, which would put him farther from his family, his girlfriend, and his community.

The stress on clients and providers alike was palpable. Simple tasks like taking medicine became difficult due to the scarcity of water. No laundry facilities or showers were available, so providers were hand washing clothes and setting up sponge baths with what little water they could spare. Clients felt cramped. Though the space was accommodating, there was little more than a few feet between beds. Sleep was hard to come by for some, who were easily kept up by movement and noise.

Amidst the challenges, help came from our fellow chapters of The Arc from across the country, which sent supplies to help the Beaumont area. The Arc of Colorado, The Arc of Aurora, and The Arc Thrift Stores in Colorado crafted a plan to support The Arc of Greater Beaumont. Von Limbaugh, a member of The Arc of Colorado’s board of directors, reached out. Von and his son Andrew packed up a truck, loaded with 400 pounds of clothing from The Arc Thrift Stores, supplies from members of The Arc from across the state, water, food, baby supplies, medical supplies, cleaning supplies, and toiletries and they started to drive. Staff from chapters across the country were calling our executive director, offering anything to be helpful. We collected and organized donations and have been distributing them to those in need. The absence of a full kitchen made it hard to cook hot meals, yet still hot meals came from private individuals within the community. Board members for our chapter arrived with gallons of water and fresh produce. The organizations that ran the group homes did their best to fix and find spaces for their clients, and fortunately within a few days, everyone had a more stable solution to their housing needs.

Our community is still adjusting to the reality of life after this cataclysmic event. People with disabilities served by our chapter and the group homes are a part of this community figuring out how to recover. Their housing and day to day routine has changed greatly, and they’ve lost much of what has long been familiar to them. The Arc of Greater Beaumont has received numerous pleas to host events so these citizens can have a slight return to normalcy. Like any other non-profit or small business in our region, our bottom line has been impacted by this event. Thanks to the spirit of the greater Beaumont community, we have faith we will endure this hardship. And our hearts are full thanks to the generosity of our very special chapter network. We truly are a family.

President Trump Moves to Destabilize the Affordable Care Act (ACA)

The Arc is deeply disappointed by two recent initiatives of the Trump Administration regarding the Affordable Care Act (ACA). The first is the Administration’s decision to end cost sharing reduction (CSR) payments, a decision which will be devastating to the health insurance marketplace created by the ACA. CSRs were included in the ACA to help ensure that people earning less than 250% of the federal poverty level ($60,750 for a family of four in 2017) can afford out of pocket expenses such as deductibles and co-pays. The money is provided to the insurance companies to help them offer the required affordable coverage. CSRs are different from the premium tax credits also required by the ACA to help individuals and families afford the premiums. The tax credits are available to people earning up to 400% of the federal poverty level ($97,200 for a family of four in 2017).

Health insurers urged the Trump Administration to continue the payments to help keep premium costs down and to keep health insurers selling in the marketplace. The Congressional Budget Office estimated in August that ending the CSR payments would cost taxpayers $6 billion in 2018 and $21 billion in 2020. This is because the premium tax credits would go up when premiums are raised by insurers to offset the loss of the CSR. This move is consistent with the Trump Administration’s desire to undermine the ACA by driving more insurers out of the marketplace and discouraging people from signing up for coverage.

Last week the President also signed an executive order directing federal agencies to find ways to offer health insurance products that do not comply with the consumer protections in the ACA. These protections include ending pre-existing condition exclusions, ensuring that people with health conditions do not pay more, ensuring health plans cover adequate health care services, and other protections. These changes are particularly critical to people with chronic illness and disabilities who needs these protections to have access to affordable care that meets their needs. Promoting cheap and skimpy plans will hurt people who have more health care needs. It can also draw healthier people to the inadequate plans outside of the marketplace. These changes could make health insurance more expensive in the marketplace.

The executive order also directs agencies to figure out how to allow insurance plans to be sold across state lines. Currently health insurance plans are regulated on the state level. State insurance commissions are responsible for ensuring that the insurance sold in the state is sold by reputable and financially secure companies and meet the insurance requirements in the state. This type of change would bypass the state insurance commissions in addition to allowing plans that do not include the ACA protections.

The executive order does not immediately make these policy changes but directs the agencies to find ways to do so. These policy changes are in addition to the Trump Administration’s decisions to shorten open enrollment, slash advertising about open enrollment, shut down the healthcare.gov website for periods of time during open enrollment, and slash funding for health care navigators who help people with questions. Together these actions create additional barriers to enrollment.

The newest changes in the executive order and relating to the CSRs will depress enrollment, increase costs, and be particularly harmful to people with chronic illness and disabilities. The changes do nothing to improve access to affordable health care. Instead, it is expected that people with pre-existing conditions will be paying more for less in a destabilized health insurance marketplace.

The Arc Responds to President Trump’s Health Care Executive Order “Extremely dangerous for people with disabilities”

Washington, DC – The Arc released the following statement in response to President Trump’s Executive Order Promoting Healthcare Choice and Competition Across the United States

“President Trump, through the new Executive Order “Promoting Healthcare Choice and Competition Across the United States”, is urging his Administration to find ways to circumvent critical protections of the Affordable Care Act including pre-existing condition protections and requirements for adequate health benefits. If the agencies implement this order, it would undermine the health insurance marketplace and drive up the costs of premiums for people with chronic illnesses and disabilities. This is extremely dangerous for people with disabilities who have relied on the Affordable Care Act to receive quality and affordable health care. The Arc vehemently opposes health care policies, like this, that are detrimental to people with intellectual and developmental disabilities.”  said Peter Berns, CEO of The Arc.

Parents and Advocates Sue State of Georgia Over Separate and Unequal Education for Thousands of Students with Disabilities

Parents of Children with Disabilities, The Georgia Advocacy Office, The Center for Public Representation, The Bazelon Center for Mental Health Law, The Arc, DLA Piper LLP, and The Goodmark Firm File Class Action Lawsuit Against State of Georgia

ATLANTA, GA (Oct. 11, 2017) – Today, parents of children with disabilities, the Georgia Advocacy Office, the Center for Public Representation, the Bazelon Center for Mental Health Law, The Arc, DLA Piper LLP, and the Goodmark Law Firm filed a class action lawsuit in federal court alleging that the State of Georgia has discriminated against thousands of public school students with disabilities by providing them with a separate and unequal education via the State’s Georgia Network for Educational and Therapeutic Supports Program (GNETS).

The complaint filed in United States District Court for the Northern District of Georgia, alleges that the State, in denying GNETS students the opportunity to be educated with their non-disabled peers in neighborhood schools violates the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Fourteenth Amendment to the United States Constitution. For more information about the litigation, please visit www.centerforpublicrep.org/court_case/gao-v-georgia/.

“The Georgia Advocacy Office (GAO), the independent Protection and Advocacy System for People with Disabilities in Georgia, is demanding the State abandon GNETS and stop segregating youth with disabilities,” said Ruby Moore, Executive Director of GAO. “GNETS programs are a relic of a time where people with disabilities were thought to be uneducable. GAO has and will continue to fight against GNETS and any program or service that unnecessarily segregates people with disabilities.”

GNETS are segregated programs that serve only students with disabilities, housed in entirely separate buildings or in separate wings of neighborhood schools, for students who need services for their disability-related behaviors. In 2016, over 5,000 students with disabilities were placed in GNETS. Most of these students are African-American and 100% of the students enrolled experience disabilities. “The State of Georgia’s segregated GNETS system flies in the face of long-standing Supreme Court precedent,” said Alison Barkoff, Director of Advocacy for the Center for Public Representation. “The Court recognized long ago that ‘separate educational facilities are inherently unequal.’ And the Supreme Court in Olmstead v. L.C. made clear that the ADA forbids the needless isolation or segregation of people with disabilities, because it deprives them of opportunities like getting an education and social contacts with peers.”

GNETS students are denied access to physical education, art, music, and extra-curricular activities, and many GNETS centers have no library, cafeteria, gym, science lab, music room, or playground. Some GNETS centers are located in buildings that were used to teach African-American students during the Jim Crow era, much of the instruction is performed via online programs rather than with certified teachers, and educational curricula are not aligned with State standards. Accordingly, GNETS students rarely earn a diploma. The GNETS graduation rate is only 10% in contrast to a nearly 80% graduation rate in neighborhood schools. Students in GNETS are physically restrained on a routine basis, nearly 10,000 times in 2014-2016. “Although advertised as ‘therapeutic,’ GNETS are anything but – often student behavior worsens once placed in GNETS because of the harsh and punitive atmosphere in the schools,” said attorney Craig Goodmark. “Decades of research and practice show that students with and without disabilities do best academically and socially when they learn alongside each other.”

Instead of providing local school districts with the resources to offer the services these students need, the State is spending millions of dollars on segregated settings. “GNETS was intended to be a placement of the last resort. Instead, GNETs has become a dumping ground for students whom local school districts do not want to educate,” said Ira Burnim, the Bazelon Center’s Legal Director. “Georgia is the only state in the country to systematically segregate students with disabilities on a statewide basis. This is a plain violation of federal disability laws intended to ensure that students with disabilities are able to learn and receive services in integrated settings along with their peers without disabilities.”

In response to the efforts of a broad coalition of stakeholders seeking to end the illegal segregation of students in GNETS, the Georgia Coalition for Equity in Education, and the U.S. Department of Justice (DOJ) performed a multi-year investigation (www.ada.gov/olmstead/documents/gnets_lof.pdf) of GNETS. The investigation eventually culminated in a lawsuit against the State, alleging that the State’s administration of the GNETS system violates the ADA by “unnecessarily segregating students with disabilities from their peers” and providing “unequal” education opportunities to GNETS students. That lawsuit has been put on hold pending a decision from the 11th Circuit Court of Appeals regarding DOJ’s authority to bring suit.

“The Arc has long fought for students with intellectual and developmental disabilities to be educated in their neighborhood schools with appropriate services, supplementary aids, and supports,” said Stacey Ramirez, Director of The Arc’s Georgia state office. “Georgia’s systemic segregation of students with disabilities is unacceptable to The Arc and its constituents in Georgia. With DOJ’s lawsuit now on hold, the children of Georgia can wait no longer.”

About The Arc

The Arc is the largest national community-based organization advocating for and serving people with intellectual and developmental disabilities (I/DD) and their families. In partnership with its network of 650 chapters across the country, The Arc works to promote and protect the rights of people with I/DD to live, work, and learn in the community free from discrimination. Through its Georgia state office, The Arc seeks to ensure that students with I/DD throughout the state can meaningfully access the myriad benefits, programs, and services offered to students in neighborhood public schools. To learn more, visit www.thearc.org.

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

The Judge David L. Bazelon Center for Mental Health Law is a national legal advocacy organization protecting and advancing the rights of people with mental disabilities. The Center promotes laws and policies that enable people with mental disabilities to live independently in their own homes and

communities, and to enjoy the same opportunities that everyone else does. For more information, visit www.bazelon.org.

About The Center for Public Representation

The Center for Public Representation (CPR) is a national legal advocacy center for people with disabilities. For 40 years, CPR has been enforcing and expanding the rights of people with disabilities and others who are in segregated settings. CPR uses legal strategies, advocacy, and policy to design and implement systemic reform initiatives to that promote integration and full community participation. To learn more about our work, visit www.centerforpublicrep.org.

About DLA Piper LLP

DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world. To learn more, visit www.dlapiper.com/en/us.

About The Georgia Advocacy Office

The Georgia Advocacy Office is Georgia’s designated Protection and Advocacy System. GAO envisions a Georgia where all people have value, visibility and voice; where even the most difficult and long-lasting challenges are addressed by ordinary citizens acting voluntarily on behalf of each other; and where the perception of disability is replaced by the recognition of ability. GAO’s mission is to organize our resources and follow our values and legal mandates in ways which substantially increase the number of people who are voluntarily standing beside and for people in Georgia who have significant disabilities and mental illness. To learn more, visit www.thegao.org.

About The Goodmark Law Firm

Since 1999, Mr. Goodmark has dedicated a majority of his practice to representing families, teachers and students in their pursuit of equality, fairness and justice in Georgia’s schools. To learn more, visit www.goodmarklaw.com.

National Disability Employment Month: Push for Progress

By: Nicole Jorwic, Director of Rights Policy, The Arc of the United States.

October marks National Disability Employment Month – it’s a time to reflect on the progress of making employment for people with disabilities a reality, and to push forward on necessary changes to make that a reality for more individuals throughout the country. People with disabilities have shown their desire to work and thrive in their workplaces and communities. Employers all over the country are also recognizing the potential for people with disabilities in their workplaces and the contributions they can make to the culture of their business, and to the economy.

The Arc@Work is supporting employers large and small across the country with targeted outreach and recruitment, employer staffing solutions, and training and consultation. Much of this work is done on the ground via many of our 650 chapters nationwide.

As businesses continue to show their commitment to adding individuals with disabilities to all levels of their workforce, we must also support individuals with disabilities to develop the skills they need to find the jobs that they desire, AND to build careers in the field of their choice. Individuals with disabilities are succeeding in meaningful careers in a wide range of private businesses, government agencies and nonprofit organizations, while others are becoming entrepreneurs with their own micro-businesses.

It is important to remember why a job is so important to an individual with a disability. My brother Chris is 28 and has autism, and I asked him why getting a job is important to him. Here is his response:

“I think that a job is essential to a person with a disability because it gives us purpose, and common ground to build on with the rest of the world. All my siblings get so much of their identities from their jobs, I should have the same chance. All my brothers and sisters in disability deserve the opportunities to work in our communities, for fair pay, so that we can fulfill our destinies.”

As we work on the federal and state level to align policies and practices to make the road to employment smoother for individuals with disabilities, no matter their level of need, we must remember that a job is an essential part of what gives someone standing in their community. The value in having a response to “what do you do?” is immeasurable for individuals with disabilities across the country, including my brother Chris.

October 6, 2017 – The Arc’s Statement on House Passage of its Fiscal Year (FY) 2018 Budget

Washington, DC – Federal budgets lay out the Nation’s priorities for spending and revenue for the decade ahead. The one passed this week by the House of Representatives reflects priorities that can do real and lasting harm to people with intellectual and developmental disabilities (I/DD). Entitled “Building a Better America,” this FY 2018 budget would most benefit our wealthiest citizens and it would create a far worse America for most people with intellectual and developmental disabilities (I/DD) by prioritizing tax cuts for corporations and the wealthy over funding for critical disability programs.

The House of Representatives officially began the process of developing a budget for Fiscal Year 2018 by passing a budget resolution that includes provisions which would undermine the foundation of community living for people with I/DD for the second time this year. People with I/DD, their families, caregivers, service providers, and advocates have barely had time to rest from battling to protect Medicaid from massive cuts and fundamental restructuring based on similar language from the joint House-Senate budget resolution for FY 2017 earlier in the year.

The Senate is now working on its version of a budget resolution and, once passed, the House and Senate will have to negotiate which version to adopt or whether to jointly adopt a compromise version. Advocates will continue to oppose inclusion of language deemed harmful to people with disabilities.

The Arc and Baymont Inn & Suites – A Welcoming Partnership for Job Seekers with Intellectual and Developmental Disabilities: The Billy Jake Story

Billy Jake CelebrationAt the end of 2016, The Arc@Work launched a nationwide partnership with Baymont Inn & Suites. Through this initiative, The Arc@Work is helping individual hotels fill the brand-new Hometown Host position. The Hometown Host ensures guests feel at home and that there is plenty of delicious food throughout the daily breakfast service. The role is a symbol of the brand’s emphasis on neighborly service and dedication to community. The collaboration is a win-win for both organizations: helping individuals with intellectual and developmental disabilities (I/DD) secure a regular job in the community while assisting Baymont hotel owners in finding reliable, passionate employees who can connect with their guests and provide them with a great experience.

In honor of National Disability Employment Awareness Month, The Arc@Work interviewed Billy Jake, the first individual placed through this new initiative at his local Baymont Inn & Suites hotel in Celebration, Florida. Because of his interest in food, this young man initially applied to a local grocery store. Unfortunately, this endeavor did not turn out as he had hoped. Then one day Billy Jake’s job coach, Tre Johnson, informed him of The Arc@Work’s partnership with Baymont Inn & Suites. Thus, began a year of hard work and patience that ultimately landed Billy Jake the Hometown Host position.

During his first few months with the company, Billy Jake admits he “was uncomfortable being around lots of people at my job.” But each time he engaged, he grew a bit more at ease. Also, thanks to these frequent interactions with guests, Billy Jake’s speaking and social skills have improved immensely. His “kind and patient” colleagues have also contributed to his success. He loves it that they “encourage [him] to do better every day.”

Billy Jake now looks forward to waking up every morning and getting ready for work. His days are quite busy, arranging the daily breakfast buffet, ensuring diners’ desires and needs are met promptly, interacting with the hotel guests and colleagues, and, once the breakfast service is over, preparing for the next morning’s service. Then comes his favorite part: munching on goodies made by his colleague Kathy in the hotel kitchen!

Serving guests at Baymont Inn and Suites has increased his self-esteem and has given his life new meaning. In his words, “I feel like this job came along at the perfect time. It is working out wonderfully for me, and I am so grateful to my job coach [for helping] me find it.” Clearly a determined young man, Billy Jake now encourages other job-seekers with disabilities “to pick something they want to do and give it a try. You never know what is possible for you unless you try. If it does not work out, try something else. Never give up!”

Over the last six months, Baymont Inn & Suites has taken steps to make sure the Baymont franchises and the larger community is aware of their interest in hiring people with I/DD. They, like The Arc@Work, understand the positive contributions individuals with I/DD like Billy Jake make, not just in the workforce, but in society as well.

The Arc’s Statement on the Tax Reform Outline

The outline for tax reform released by the White House and leaders from two Congressional committees this week is long on promises and short on details. What is clear, however, is that this plan will rapidly deplete our federal revenues, the very resources that pay for programs that people with disabilities rely on to live in their communities. The fiscally conservative Committee for a Responsible Federal Budget estimates that the new plan could cost the country $2.2 trillion in lost revenue over a decade. This will leave states with far fewer federal dollars to help cover the costs for services for people with disabilities. The Administration and Congressional leaders have not indicated how they intend to pay for this tax proposal, aside from eliminating some expenditures.

We cannot morally or financially afford this tax plan that overwhelmingly benefits the wealthiest of our citizens and ramps up the pressure to cut federal spending down the road. The nation will likely pay for this unfair tax plan through massive budget cuts to programs that people with disabilities and others need for survival and basic necessities.

The President and Members of Congress should now understand the backlash that follows direct attempts to cut essential programs for people with disabilities and other large constituencies. Just this week, massive grassroots opposition to cuts to the Medicaid program stopped the latest attempt to overhaul our health care system.

And now, just days later, a new assault is likely hatching on Medicaid and other vital programs that ensure the health and wellbeing of people with disabilities. This time, however, the attack is indirect and seeks to lure with false promises. But people with disabilities and their families will be paying close attention to make sure that tax cuts are not paid for by in the long run by cuts to critical programs.

Attack on SSI: House Approves Cutting Off Basic Income for Adults with Disabilities and Seniors

Washington, DC – Today, the U.S. House of Representatives voted 244 to 171 to revive a failed former policy that cuts off Supplemental Security Income (SSI) benefits for certain people with disabilities and seniors. The legislation targets SSI recipients with outstanding arrest warrants for alleged felonies or alleged violations of probation or parole. Federal law already prohibits payment of SSI benefits to people fleeing from law enforcement to avoid prosecution or imprisonment, and the Social Security Administration has a process in place to notify law enforcement of the whereabouts of such individuals. The original policy ended due to class action litigation.

“This bill is unjust, cruel, and unnecessary, and shows total disregard for the day to day economic struggles of most SSI beneficiaries. SSI benefits average $18 per day and are the only personal income for nearly three in five beneficiaries. Cutting off these modest SSI benefits will cause significant hardship and will only make it more difficult for people to resolve old, outstanding arrest warrants. The Senate should reject this tried and failed approach,” said T.J. Sutcliffe, Director, Income and Housing Policy.

Based on experience with the former policy, H.R. 2792 would not help law enforcement to secure arrests, but instead would target people whose cases are inactive and whom law enforcement is not pursuing. Most of the warrants in question are decades old and include warrants routinely issued when a person was unable to pay a fine or court fee, or a probation supervision fee. Many people are not even aware that a warrant was issued for them, as warrants are often not served on the individual. Some people will be swept up because of mistaken identity, or paperwork errors, which can take months or even years to resolve. Many people will face barriers to clearing their records based on the nature of their disabilities or their current circumstances, for example, an individual with Alzheimer’s in a nursing home.

Resolving an old arrest warrant can often involve significant time and expense, such as when a person has moved and lives far from the jurisdiction that issued, but never pursued, a decades-old warrant. Anecdotally, a very high percentage of people affected by the former policy were people with mental impairments, including people with intellectual disability.

The proposal uses savings from cuts to SSI under H.R. 2792 to pay for legislation to reauthorize the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program.

“Home visiting helps to improve maternal and child health and increases access to screening and early intervention for children with disabilities. Reauthorization of this valuable program should not be paid for by cutting off SSI for people with disabilities, seniors, and their families,” said Sutcliffe.

As highlighted in a fact sheet by the Consortium for Citizens with Disabilities, here are two stories of people harmed by Social Security’s former failed policy: Rosa Martinez, the lead plaintiff in one of several class action law suits brought against the policy, and a juvenile survivor of childhood abuse:

  • Mistaken Identity: Rosa Martinez, the lead plaintiff in Martinez v. Astruewas, in 2008, a 52-year old woman who received notice from SSA that she was losing her disability benefits because of a 1980 arrest warrant for a drug offense in Miami, FL. Ms. Martinez had never been to Miami, never been arrested, never used illegal drugs, and is eight inches shorter than the person identified in the warrant. Despite an obvious case of mistaken identity, Ms. Martinez was left without her sole source of income while she cleared up the error on her own, without any help from SSA. It was only after filing a lawsuit that Ms. Martinez was able to receive her benefits.
  • Juvenile Survivor of Childhood Abuse: A young man in California with intellectual disability and other mental impairments had his SSI benefits stopped because of an Ohio warrant issued when he was 12 years old and running away to escape an abusive stepfather. The 4’7” tall, 85-pound boy was charged with assault for kicking a staff member at the detention center where he was being held until his mother could pick him up. Many years later, he had no recollection of the incident.

More stories of people harmed by SSA’s former failed policy are available from Justice in Aging.

 

The Arc advocates for and serves people wit­­h intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of over 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.