Disability Rights

Many low income people have physical, mental, and learning disabilities that affect their ability to access government benefits. Almost one-half of the families receiving welfare assistance have a parent or child with a disability, a rate that is almost three times higher than those not receiving welfare. Federal, state, and local governments must comply with federal disability rights laws, including the Americans with Disabilities Act (ADA) in the operation of their programs. Yet many agencies have done little to address their obligation under these laws and provide a meaningful opportunity to access programs and benefits.

The National Center for Law and Economic Justice has been a leader in using disability rights laws to improve government programs and services for low income individuals. The Center welcomes inquiries from advocates on these issues and opportunities to work with advocates on these issues. Feel free to contact us.

Highlights of NCLEJ Advocacy:

• Benefits Expedited for Over 9,000 Maryland Medicaid Applicants (May 2013)
• New Yorkers Living with HIV/AIDs Secure Critical Class Action Settlement (April 2013)
• NCLEJ and Other Advocates Sue Missouri for Medicaid Change that Would Cause Unnecessary Institutionalization of Dialysis Patients (June 2012)
• Madison County, NY, Improves Policies for People with Disabilities (October 2011)
• NCLEJ Comments on Health Insurance Exchanges (September 2011) (pdf)
• Improving Automated Medicaid Eligibility Systems: NCLEJ Comments on HHS Proposals (January 2011) (pdf)
• NCLEJ and LS-NYC Provide Social Security Administration Extensive Comments on Conducting an Agency Self-Evaluation under Section 504 of the Rehabilitation Act of 1973 (December 2010) (pdf)
• NCLEJ and Advocacy Center of Louisiana Urge Major Improvements in FEMA's Draft Disaster Temporary Housing Operational Guide to Address Needs of Individuals with Disabilities (November 2010) (pdf)
• NCLEJ Urges Strengthening of Proposed Regulations to Increase Public Participation in the Review of Medicaid Demonstration Projects. (November 2010) (pdf)
• Health Reform Implementation: NCLEJ Comments to HHS on State Health Exchanges (October 2010) (pdf)
• FEMA Still Falls Short in Disaster Planning for People with Disabilities (October 2010)
• NCLEJ and Maximus:  Modernizing Public Benefits Programs:  What the Law Says State Agencies Must do to Serve People with Disabilities (August 2010) (pdf)
• The Closed Digital Door: State Public Benefits Agencies' Failure to Make Websites Accessible to People with Disabilities and Usable for Everyone (July 2010)
• Lawsuit Causes FEMA to Disgorge Documents on Accessible Temporary Housing (January 2010)
• NCLEJ Testimony on Issues on New York City WeCARE Program for Public Assistance Applicants with Disabilities (October 2007) (pdf)
• New York Court Approves Plan to Restore Benefits to Thousands of New York Families of Children with Disabilities in Case Brought by NCLEJ and Colleagues (September 2007)
• NCLEJ Addresses FEMA on Serious Barriers Faced By Many Deaf and Hard of Hearing Individuals (January 2007) (pdf)
  
• NCLEJ Letter to New York State Welfare Agency on Local District Self Evaluations of ADA Compliance (September 2006) (pdf)
• NCLEJ and Colleagues Win Settlement Requiring Accessible Trailers for Katrina Evacuees with Disabilities (September 2006)
• Center Secures Comprehensive Policy Reforms in Virginia and New Jersey (2005)
• Center Report Exposed New York City Welfare Agency's Failure to Provide Home Visits to Individuals with Disabilities (June 2004)

Additional NCLEJ Materials:

• NCLEJ releases 2011 edition of Using the Americans with Disabilities Act on Behalf of Clients in TANF Programs: A Manual for Non-Litigation Advocacy by Cary LaCheen (2011) (pdf)
• Improving Remote Communication Between Public Benefits Agencies and Deaf and Hard of Hearing Individuals by Cary LaCheen, 43 Clearinghouse Review 431 (Jan. - Feb. 2010) (pdf)
• Disabilities and Welfare: A New NCLEJ Resource for Advocates.
  New Provisions of the Temporary Assistance for Needy Families Program: Implications for Clients with Disabilities and Advocacy Opportunities by Cary LaCheen, 40 Clearinghouse Rev. 490
  (Jan. - Feb. 2007)
• Center Prompts Reforms in New York City's $200 Million Program for Services to Persons with Disabilities
• Language Matters: Designing State and County Contracts for Services Under Temporary Assistance for Needy Families,
  by Eileen Sweeney, Barabara Bezdek, Sharon Parrott, Carol Medaris and Cary LaCheen
  (from Jan-Feb 2002 Clearinghouse Review)
• California Advocates Obtain Comprehensive New Policy on Screening, Evaluating and Providing Program Modifications to CalWORKS Clients with Learning Disabilities
  (from December 2001 Welfare News)
• Protecting the Rights of TANF Applicants and Recipients with Disabilities: New Tools, Resources and Litigation
  (from March 2001 Welfare News)
• Using Title II of the Americans with Disabilities Act on Behalf of Clients in TANF Programs
  (from Winter 2001 Georgetown Journal of Poverty Law and Policy)

Additional Resources:

• Settlement Agreement between Social Security Administration and Deaf and Hard of Hearing Claimants on Interpreters (pdf) (March 2011)
• Voluntary Compliance Agreement between HHS OCR and the North Carolina Department of Health and Human Services (pdf) (March 2011)
• Resolution Agreement between OCR and Massachusetts Department of Transitional Assistance
  (pdf) (December 2006)
• Voluntary Compliance Agreement between OCR and Oregon Department of Human Services
  (pdf) (August 2004)
• Letter of Finding in Massachusetts OCR Complaint
  (pdf) (January 29, 2004)
• Complaint submitted to HHS Office for Civil Rights by ACLU-Wisconsin Foundation and NAACP Milwaukee Branch regarding Wisconsin Works Program and compliance with ADA and civil rights requirements
  (pdf) (February 18, 2002)