Martinez Settlement May Benefit You

The Social Security Administration has agreed to repay people whose benefits have been suspended or denied since January 1, 2007 based on the mere existence of an outstanding arrest warrant. Over 200,000 people whose benefits have been suspended or denied since January 1, 2000 are potentially eligible for retroactive benefits in varying amounts; approximately 80,000 are potentially eligible for full retroactive reinstatement of benefits totaling over $500 million.

Further Details/Info

Any questions may be directed to: rsi5@srt.com

Court Mandates Change in Communication for SSA and Visually Impaired

Currently, SSA communicates with beneficiaries with disabilities via letters and phone calls. A recent class-action suit found this practice violated people's rights to equal access to programs - specifically for individuals with a visual impairment.

The ruling mandates that SSA is to provide the nation's 3 million blind or visually impaired recipients the option of receiving benefit notices in braille or by audio computer disc by April, 15th.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/10/20/MNQ21A8D2F.DTL#ixzz0UZsatbWW

Any questions may be directed to: rsi5@srt.com

Hate Crime Legislation Expands to Include People With Disabilities

The House of Representatives passed legislation Oct. 8th that would expand the federal definition of hate crimes to include crimes motivated by gender, sexual orientation, gender identity or disability.

So, what exactly are the existing federal hate crimes protections? And what would change by expanding them to include crimes motivated by gender, sexual orientation, gender identity and disability?

Current federal hate crimes provisions punish those who by force or threat of force willfully injure, intimidate or interfere with any person (or attempt to do so) because of the person's race, color, religion or national origin, and because that person is engaging in a number of activities, including:

• enrolling in or attending any public school or college;
• participating in any benefit, service, privilege, program, facility or activity provided or administered by any state or state subdivision;
• applying for employment by any private employer or any agency of any state, or joining any labor organization, hiring hall, or employment agency;
• serving on or attending any state court in connection with possible jury service;
• traveling or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air; and
• enjoying the accommodations or services of hotels, restaurants, gas stations, theater, concert hall, stadium, or any other place of exhibition or entertainment which serves the public.

Violation of this law may bring (in addition to any state charges), federal fine or imprisonment up to one year. If the crime involves a dangerous weapon or results in bodily harm, the penalty can be up to 10 years in prison. If the crime includes kidnapping, attempted kidnapping, aggravated sexual assault, attempted aggravated sexual assault, an attempt to kill, or if the crime results in death, the federal punishment can include the death penalty.

If the bills moving through the House and Senate run their course, crimes targeting anyone based on gender, sexual orientation, gender identity or disability, and the fact that they are participating in the above describes activities, would be eligible for the same punishment.

In addition to bolstering federal punishments, the pending hate crimes legislation would allow the Department of Justice to aid in hate crime investigations and prosecutions if requested by local authorities, and set aside money ($5 million) to help local communities investigate hate crimes.

Any questions may be directed to: rsi5@srt.com

ADA Gets a Makeover

Tuesday, June 17, 2008, the proposed regulations were published in the Federal Register. The proposed regulations consist of a notice of proposed rule making to amend the ADA regulations for State and local governments, a notice of proposed rule making to amend the ADA regulations for public accommodations and commercial facilities, a Regulatory Impact Analysis, and two supporting appendices.

(The synopsis below, written by Robert Pear of the New York Times on June 16, is a portion of his article providing an overview and summary of the proposed changes.)

Sweeping ADA Update Would Affect Millions
The new rules would set more stringent requirements in many areas and address some issues for the first time, in an effort to meet the needs of an aging population and growing numbers of disabled war veterans.

The proposed rules, under development for more than four years, flesh out the meaning of the 1990 law, which set forth broad objectives. The 215,000-word proposal includes these new requirements:

¶Courts would have to provide a lift or a ramp to ensure that people in wheelchairs could get into the witness stand, which is usually elevated from floor level.

¶Auditoriums would have to provide a lift or a ramp so wheelchair users could "participate fully and equally in graduation exercises and other events" at which members of the audience have direct access to the stage.

¶Any sports stadium with a seating capacity of 25,000 or more would have to provide safety and emergency information by posting written messages on scoreboards and video monitors. This would alert people who are deaf or hard of hearing.

¶Theaters must provide specified numbers of seats for wheelchair users (at least five in a 300-seat facility). Viewing angles to the screen or stage must be "equivalent to or better than the average viewing angles provided to all other spectators."

¶Light switches in a hotel room could not be more than 48 inches high. The current maximum is 54 inches.

¶Hotels must allow people with disabilities to reserve accessible guest rooms, and they must honor these reservations to the same degree they guarantee other room reservations.

¶At least 25 percent of the railings at fishing piers would have to be no more than 34 inches high, so that a person in a wheelchair could fish over the railing.

¶At least half of the holes on miniature golf courses must be accessible to people using wheelchairs, and these holes must be connected by a continuous, unobstructed path.

¶A new swimming pool with a perimeter of more than 300 feet would have to provide "at least two accessible means of entry," like a gentle sloping ramp or a chair lift.

¶New playgrounds would have to provide access to slides, swings and other play equipment for children who use wheelchairs.


Any questions may be directed to: rsi5@srt.com