Emily F. Keller: Journalist

Disabled in Action Joins Occupy Wall Street

    Members and supporters of Disabled in Action (DIA) joined the Occupy Wall Street movement, gathering at Zuccotti Park in lower Manhattan on October 16^th.

    Pat Walls, who attended the event with her husband Phillip Walls, said Occupy Wall Street reminds her of her college days as she spoke out against government service cuts.

    “Specifically, I am really afraid of the cuts to homecare services because I am really dependent on my home attendant,” said Walls. She also criticized a new limit for physical and occupational therapy to twenty visits a year, which restricts her ability to receive care for her leg problems.

    (David Dopico and Phillip Walls pictured)

Judge Denies Disability Benefits Based on Substance Use

    An upstate New York judge has ruled that a man with physical and emotional impairments can be denied disability benefits because his condition allegedly resulted from alcohol and opioid dependence.

    Judge Richard J. Arcara of the United States District Court of the Western District of New York said that the plaintiff, Charles L. Cutler, is not disabled under the Social Security Act because alcohol and substance use are a significant factor of his disability and that the plaintiff would no longer be disabled if he stopped his alleged substance use.

Gov. Cuomo Questions Nonprofits on Executive Pay

    Governor Andrew Cuomo has formed a task force to seek data from nonprofits on the compensation they provide to executives and board members.

    The Governor’s Task Force on Not-For-Profit Entities is requesting information on executive pay, the reasons the organizations consider themselves nonprofits and whether the boards believe that any of the executive compensation should be recouped.

    Benjamin Lawsky, superintendent of the Department of Financial Services, is the chair of the task force. “Our task force is conducting a top-to-bottom review, not only to audit current compensation levels, but also make recommendations for future rules to ensure taxpayer dollars are used to serve and support the people of this state, not pay for excessive salaries and compensation,” Lawsky wrote in a letter to nonprofits dated August 25.

Real Estate Developer Settles Building Access Lawsuit

    The owner and developer of a luxury apartment building on the Upper West Side will be paying thousands of dollars to residents with disabilities following the legal settlement of a federal civil rights lawsuit.

    U.S. District Judge Richard Berman has ruled that L & M 93rd Street LLC and Costas Kondylis & Partners LLP Architects prohibited access for people with disabilities in their building, The Melar. Neither company could be reached for comment.

Paterson and Blind Foundation Advocate for Fair Wages

    Former Gov. David Paterson and the National Federation of the Blind (NFB) are calling for the removal of a clause in the federal Workforce Investment Act that would allow employers to pay people with disabilities a subminimum wage for job training.

    The Senate Committee on Health, Education, Labor and Pensions (HELP Committee) was scheduled to vote on renewal of the act on August 3 but that vote has been postponed indefinitely. The committee’s vote on the Combating Autism Act, which is scheduled to expire Sept. 30, was postponed until Sept. 7.

United Nations Holds Fourth Annual Convention Conference

    The United Nations (UN) held its fourth annual conference to discuss the Convention on the Rights of Persons with Disabilities (CRPD).

    The CRPD is a human rights treaty establishing international legal standards for governments and international governmental organizations to promote equal rights for people with disabilities. The CRPD addresses issues such as health, gender equality, education, international cooperation and standard of living.

Nassau County Announces Plan to Merge Departments

    Nassau County Executive Edward Mangano recently announced plans to merge six county departments into two, including several that serve people with disabilities.

    On June 7, the county legislature passed the plan, which will save the county $2 million annually. The change is part of the legislature’s overarching goal to reduce the $343 million deficit that the county faces this year. The merger will eliminate several management positions and vacate some office space.

International Disability Council Holds Annual Meeting

    The United States International Council on Disability (USICD) had its annual meeting in April. The USICD is a federation of U.S. non-governmental organizations, federal agencies and individuals that addresses international disability rights issues. It is based in Washington, D.C.

    Speakers discussed the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) that President Obama signed in 2009, as well as the inclusion of disability issues in the U.S. international development agenda. Congress has not yet ratified the CRPD.

City Bar Calls on State to Amend Service Animal Regulations

    The New York City Bar Association has recommended regulatory changes regarding the training of service animals to prevent discrimination against people with disabilities.

    The organization is recommending the revision of a portion of the State Human Rights Law from 2007 that requires service animals to be trained at a “recognized” center, although the state has not designated any. This addition to the law had the effect of eliminating protections for people with hearing, guide or service dogs, although the Americans with Disabilities Act (ADA) the City Human Rights Law continued to uphold their rights.

State Budget Reduces Services for People with Disabilities

    The 2011-12 New York State budget has made significant changes to home care and other services for people with disabilities.

    The budget, which was passed on March 31, incorporated changes proposed by the state-appointed Medicaid Redesign Team over the last few months, which are expected to save the state $2.8 billion.