| Protection
and Advocacy for Individuals
with Developmental Disabilities
(PADD)
Authorization: The Developmental Disabilities
Assistance and Bill of
Rights
Act, 42 USC 15001, PL
106-402. The
Developmental Disabilities Assistance
and Bill of Rights
Act
provides for each State
to establish a Protection
and Advocacy (P&A) System
to empower, protect, and
advocate on behalf of
persons
with developmental disabilities.
This
system must be independent
of service-providing agencies.
The
P&As are authorized to
provide information and
referral
services and to exercise
legal, administrative and
other
remedies to resolve problems
for individuals and groups
of clients. The P&As
are also required to
reach
out to members of
minority
groups that historically have
been underserved. In addition
to the PADD program,
which
serves people with
developmental
disabilities, the P&A also
includes components mandated
by
several other Federal
programs
to serve people with
disabilities
and mental illness.
The
PADD is mandated to:
- investigate
incidents of abuse and
neglect and follow up
reports of incidents, or
investigate if there is
probable cause to believe
that such incidents have
occurred; and
- get
access to all client
records when provided
with
client or representative
authorization,
and to access records
without such authorization
when
there is probable cause
that abuse or neglect
is involved.
Protection
and Advocacy for Individuals
with Mental Illness (PAIMI)
Authorization: The
Protection
and Advocacy for Mentally
Ill Individuals Act, 42
USC
10801, PL 106-310.
The
federal authority for
protection
and advocacy (P&A) systems
to protect the legal
rights
of individuals with mental
illnesses, including investigation
of
neglect and abuse, was
revised. Public Law 106-310
creates an expanded role
for the P&As to
serve
individuals living in the
community (including at home)
once the programs'
appropriation
exceeds $30 million. Under
the prior law, P&As
were limited to assisting
individuals in institutions
or
those recently discharged
from
an institution. That
provision
was a significant barrier
to helping individuals in
the community, such as
children who need special
education and related
services
under the Individuals with
Disabilities Education Act
(IDEA)
or adults who are
homeless
or facing housing
discrimination.
Protection
and Advocacy for Individual
Rights
(PAIR)
Authorization: The Rehabilitation
Act,
29USC 794e, PL 106-402.
The Protection and Advocacy of Individual Rights
(PAIR) program supports the protection and advocacy system in each state to
protect the legal and human rights of individuals with disabilities. To be
eligible for advocacy services from the PAIR program, an individual with a
disability must:
- be ineligible for the Protection and
Advocacy of Developmental Disabilities (PADD) program funded under part
C of the Developmental Disabilities Assistance and Bill of Rights Act
(DD Act) because the individual does not have a "developmental
disability" as defined in the DD Act;
- be ineligible for the Protection and
Advocacy for Individuals with Mental Illness (PAIMI) program funded
under the Protection and Advocacy for Mentally Ill Individuals Act
because the individual is not an "individual with mental illness" as
defined by the PAIMI Act and
- need services that are beyond the scope
of services authorized to be provided by the Client Assistance Program
(CAP) under section 112 of the Rehabilitation Act of 1973, as amended.
The Act requires each PAIR program to set
annual priorities and objectives to meet the needs of individuals with
disabilities in its state. Most PAIR programs set priorities and
objectives related to assisting individuals with disabilities to secure
accessible and affordable housing in the community and to reduce
accessibility, communication and transportation barriers in the
community. PAIR programs also increase the availability of supports
enabling individuals with severe disabilities to participate freely in
community life. Individuals with severe disabilities are to be involved
in the development and implementation of the protection and advocacy
system.
Protection and Advocacy for
[Individuals in Need of] Assistive Technology (PAAT)
Authorization: The Assistive Technology Act,
29 USC 3011,3012, PL 105-394.
The PAAT program objective is to “assist
individuals with disabilities and their family members, guardians,
advocates and authorized representatives in accessing technology devices
and assistive technology services” through case management, legal
representation and self-advocacy training.
Protection and Advocacy
for Beneficiaries of Social Security (PABSS)
Authorization: The Ticket to Work and Work Incentives Improvement
Act, 42 USC 1320b-20, PL 106-170
Provides protection and advocacy services
to persons with disabilities who are beneficiaries of Social
Security. The P&A assists these individuals with information and
advice about obtaining vocational rehabilitation and employment
services. The P&A can also provide advocacy or other services that
a disabled beneficiary may need to secure or regain gainful employment.
Protection and Advocacy
for Individuals with Traumatic Brain Injury (PATBI)
Authorization: The Children's Health Act of 2000, 42 USC
300d-53, PL 106-310.
Provides protection and advocacy services
for people with traumatic brain injuries. The P&A assists these
individuals with technical assistance and legal representation.
Protection and Advocacy for
Voter Access (PAVA)
Authorization: The Help America Vote Act of 2002,
42 USC 15461-62, PL 107-252.
This program seeks to ensure full
participation in the electoral process for individuals with
disabilities, including registering to vote, casting a vote and
accessing polling places.
Disability Benefits (DBP)
The Disability Benefit Project is a
State-funded program providing assistance to disabled people who have Social
Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)
claims. Direct client assistance is provided by legal services offices across
Massachusetts.
The SSI and SSDI programs are both administered
by the Social Security Administration.
The SSI program provides cash assistance and
medical benefits to persons who are disabled and whose medical condition keeps
them from working, or are aged or statutorily blind. These benefits are provided
to adults and children with limited income and resources.
The SSDI program provides cash assistance and
medical benefits to disabled workers, widows and widowers. There are no
financial requirements for SSDI benefits. SSDI recipients may also be eligible
for some SSI benefits.
WHERE TO APPLY
To apply for benefits simply visit your local
Social Security Office. It may be helpful to call ahead for an appointment to
avoid long waits. If you are unable to leave your home call your local Social
Security Office and ask that a Claims Representative be sent to your home to
complete an application. You may also ask to place a telephone application.
WHAT TO DO IF DENIED
If your application for SSI is denied call the
legal services office closest to your home. The offices are listed below. If you
are not sure which office to Contact, call the Disability Law Center at (617)
723-8455, or 1-800-872-9992 (VOICE and TTY).
All of these offices are accessible.
Discrimination
DLC represents clients with disabilities who have
been discriminated against because of their disability.
Priority issues include discrimination in
employment, housing, public accommodation, child care facilities, and
transportation.
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