American Disabilities Act at 25: Work Until You Die

The American Disabilities Act (ADA) was signed into law by President George H.W. Bush on July, 26, 1990. Enactment of this law and the U.S. Supreme Court decision in Olmstead v. L.C. (2009) are changing our cultural landscape.

The ADA prohibits discrimination against individuals in all areas of public life. The ruling of the U.S. Supreme Court in Olmstead v. L.C. (2009) requires that states eliminate unnecessary segregation of persons with disabilities and ensure that persons with disabilities receive services in the most integrative setting appropriate. This decision is widely recognized as the landmark civil rights decision for persons with disabilities.

We should recognize and celebrate the 25^th anniversary of the ADA and the progress our nation has made in the last twenty-years in the area of guaranteeing the civil rights of persons with disabilities. Progress from the past should give us hope and courage for the struggles that await.

Joe Enstwisle, a senior policy analyst at Health and Disability Advocates, Chicago, who is himself disabled, writes in the TalkPovertyblog (July 31, 2015) that for many people with disabilities the options under the present system are either to: (1) work until you die, or (2) live in abject poverty.

As I understand the situation, for people with disabilities who require long-term care and support Medicaid is their only option. Access to Medicaid comes through Supplemental Security Insurance (SSI), which pays $733 a month. Beneficiaries of the program must maintain assets below $2,000. This asset level has not changed in 30 years.

A provision in the law allows people with disabilities who are receiving long-term care and support to earn enough to income to stop receiving SSI benefits and remain eligible for Medicaid. Joe Enstwisle reports in the above article that at the end of 2013 there were 312,000 SSI beneficiaries who were working. But no matter how much they earn, people with disabilities who need long-term support and care remain subject to the SSI asset test of no more than $2,000.

No matter what their income is people with disabilities who receive Medicaid and who need long-term care and support cannot save for the future. They can either work until they die, or live in abject poverty in order to maintain access to the long-term care they need. Joe Enstwisle says that the ADA at 25 is “a half-empty cup.” We can do better.

Rev. David Hansen