The Forced Poor No More

s. If you have a disability, life is generally a struggle. It can be a struggle that can make you healthier or a battle that overwhelms you. In America, since the 1990s, the disabled community has had some form of rights to protect various aspects of life. Those rights have been talked about by me and others extensively. What has not been discussed much is the financial burdens that people with disabilities and their families have to undertake.

            To care for a child with a disability is a monumental task. It will consume the lives of people around him/or her. It will strain all parties emotionally and physically, but perhaps most of all, financially. The financial burden can range anywhere from a couple hundred thousand to millions. The financial struggle covers every aspect of life- from transportation to aid care to medical care. When the child grows up, the battle does not end.

            In America, we have a system known as social security. In terms of financial help for those with disabilities, we have two programs under the system of social security; these programs are known as supplemental security income (SSI) and social security disability insurance (SSDI). These programs provide financial assistance but perpetuate a permanent second class because, to qualify for these programs, individuals can only take a minimum of an income in the bank. The exact maximum number for a payment allowed is $2,000 in cash assets. Along with these programs, a person with disabilities can rely on Medicaid and Medicaid waivers to provide specific assistance such as aid care services and, in some cases, transportation. Although the financial aid provided by SSI and SSDI is excellent, the system has its drawbacks.  As I asserted before, the current system perpetuates a second class mentality because individuals are not treated like their peers. It also perpetuates a desire not to work in some cases because individuals on SSI or SSDI may lose their benefits if they even get a full-time job. Will the system ever change?

            The answer to that question is hopefully, yes. The hope comes in the form of something known as the ABLE Act or The Achieving a Better Life Experience Act. The act was first introduced in 2013 by a bipartisan group of Congressman, including Senators Robert Casey, Jr., and Richard Burr. So what did they teach exactly? They introduced a bill that, in theory, will better the lives of persons with disabilities significantly. Currently, there are 58 million people with disabilities in the United States. Through negotiation and compromise, the bill was signed into law in later December 2014. One of the compromises made is that the bill would cover those with “a significant disability.” It is estimated that 10 percent of the 58 million disabled people in the U.S. would qualify under this term, approximately 5.8 million people. 

Since the passage of the law, there have been several questions about what exactly are ABLE Accounts and what they cover. An ABLE account is a tax advantage savings account, which is not the same as a special interest trust or a pooled fund. These accounts are tax-exempt accounts, which can cover qualifying expenses while not taking away from a person’s illegibility for Medicaid. The qualifying expense categories are aid care, medical, transportation, and housing. Other questions about ABLE Accounts have also risen; for example, what amount can one put into an ABLE account per year. Once ABLE Accounts are established by the end of 2015, individuals can develop ABLE Accounts and put up to $14,000 a year into the account. It is essential to know these accounts are not a save all but should be used to supplement other options such as disability trust.

The hope that ABLE Accounts can provide is excellent; no longer will persons with disabilities have to be confined to a financial second class. The regulations have not been written and are only in the works; one will have to wait and see how the act is translated from paper to action. One can only be optimistic and hope that the action will speak as loud as the legislation does.

 

Until next time, thanks for reading, fear nothing and regret less

We’re Really Not That Different: Part 2

Disabled and can’t work? Call xxx-xxx-and-we-will-get-the money-you-deserve-at-no-fee-unless-we-win-your-case. I saw this ad for a law firm that will remain nameless late last night as I was browsing my Cable, and it raised an interesting question in my mind. Are these ads another way to perpetuate stereotypes of disability? I was not convinced one way or another until this morning I saw one of those ads that claimed the following: “Does your child has a birth injury?” And then listed several, including my disability. The ad went on to say that the disabilities entitled the persons concerned to large sums of money. Then they guaranteed that they would help advocate for that money.

After seeing both of these ads, it raised a profoundly disturbing question. Why do we perceive disability as so weak? This goes back to my terminology debates. In my opinion, but quite simply, I believe we perceive disability as a weakness rather than an obstacle. This is by the way we address it.

       To bring home my point, let me address two crucial areas of life: social interaction. The other being that of earning a living. Finally, I will manage a broken system, which reinforces stereotypes. As I’ve said previously, there are two types of disability. One a person is born with and one a person acquires through some means or another later. No matter what type of disability one has, though, it seems that as soon as one is labeled with a “disability,” they are also labeled as weak and need protection or assistance—for example, the law firm’s ad equating disability to not being able to earn a living. I have several things I could say about this ad, many of which are not pleasant, but the most constructive response I have to it is I understand their desired message. However, the way they present it could be different.

       Any lawyer out there who does disability work can feel free to correct me on this point. I believe that the producers and writers of this and are trying to convey that if one is suddenly overcome with a disability after not having one for so long, then it can be overwhelming either emotionally, physically, and in the least thought about way, which would be financial. This point is fair, but I argue the premise that one who is disabled can no longer work needs to be re-thought. Perhaps instead of disabled and can’t work—we will get you the money you need to survive…the slogan could be something like below. “Disabled and have to re-think things? We will get the money you need to get things back under control.” Just because someone is disabled doesn’t mean they cannot contribute to society. Ads like these are not the only element of society preventing disabled people from being meaningful contributors to society in great need of contributions.

The second element is that of something I like to call “the social and projection bias.” What is this bias, you ask? Simply put, it is the idea that disabled people need to be protected from themselves and cruel society. This idea is not only archaic, but it is detrimental to disabled people and society in general. I know many people that believe in the “fixing” philosophy, i.e., that wherever possible, a portion of the person’s disability that can be fixed needs to be. This is harmful from a social interaction standpoint. I agree that if a person’s health is in jeopardy from a particular facet of their disability, that needs to be addressed. Otherwise, aspects of their disability that are aesthetically are not pleasing or cosmetic adjustments be left alone. Simply because this will give the disabled person a better sense of identity and realism, another social aspect that needs to be addressed is that disabled people are supposed to fit a specific mold that we are supposed to be one type of person.     As I have said in “We Are Not That Different,” disabled people are just that! People first. Because we are all people first, we are all different. We do not fit into a cookie-cutter mold. Some of us are quiet and reserved that enjoy our solitude, while others are outgoing, adventurous, and even a little crazy (in the right way). What am I getting at? Society, and more importantly, the people close to people with disabilities should not restrict their activities because they are disabled. If there is a safe way for someone to (for example) go skydiving without becoming a chalk outline, then, by all means, they should be allowed to go for it. I don’t know how often I get the question, “Wow, you drink beer and go out when you’re disabled? How is that possible?” Let me re-emphasize again; the chair does not define me. I define how I use the chair. All that said, ads on T.V. and social perceptions are not the main problems. They are just part of it. If disabled people want to be seen as “not that different,” there is another issue we need to address.

       In general, the system is broken, and by that, I mean all aspects of the system, in general, are broken. The perception of disability as a weakness is reinforced by ads on T.V., implying that once you are disabled, you can no longer contribute to society. At the same time, social stigmas would have created those ads in general. The disabled community as a whole is oppressed by a society living in an archaic mindset and being oppressed by themselves. They are okay with a social security system that only earns $65 a month without losing their benefits. They should be screaming bloody murder at this injustice, but instead, we sit back and take it. It all comes down to one thing. Change is not easy, but to quote a dear friend of mine who is no longer with us, “There are doers, and there are talkers. Which one are disabled people as a community going to be?”