Image via Wikipedia

Previously I shared information about the U.S. Department of Transportation (DOT) having fined Delta Airlines $2 million for violating rules protecting air travelers with disabilities. It was the largest civil penalty ever assessed against an airline by DOT in a non-safety-related case.  An investigation showed many violations of the requirements to provide assistance getting on and off airplanes and to respond to, and keep a record of, disability-related complaints.

While these issues will hopefully be addressed, it pays to be pro-active if you are traveling by air and have special needs.  Here are a few links for information associated with special disabilities or needs:

Wheelchair bound travelers-This is a great article by Craig Kennedy of Accessibility Consulting which is especially useful for those in a wheelchair.

Amputee travelers-The Amputee Coalition of America has published this fact sheet for those with prostheses who travel.

Vision and Hearing Impaired travelers-Here is a Google Document from  DHHCAN on airline travel accommodations for the seeing or hearing impaired traveler.

While these issues will hopefully be addressed, it pays to be pro-active if you are traveling by air and are disabled. By knowing your rights and by making all reasonable efforts to make the extra preparations, air travel can be much more enjoyable.

Related articles

• Wheelchair Resources – The Disabled Travel Guide (1800wheelchair.com)
• Survey: Travelers with Hearing Impairment (travelswithpain.com)

Image via Wikipedia

The U.S. Department of Transportation (DOT) has fined Delta Airlines $2 million for violating rules protecting air travelers with disabilities. This fine is the largest civil penalty ever assessed against an airline by DOT in a non-safety-related case.  An investigation showed many violations of the requirements to provide assistance getting on and off airplanes and to respond to, and keep a record of, disability-related complaints.

According to the Amputee Coalition of America, there are over 49 million Americans living with disabilities, accounting for nearly 20% of the population.  That statistic demonstrates how important it is for the travel industry to abide by, and even go beyond what is required by law to accommodate these travelers, both from the perspective of avoiding lawsuits and other actions, as well as enhancing their bottom line.

The Department of Transportation (DOT) fined Delta Airlines $2 million in February for their violations of regulations regarding air travelers with disabilities.  This is reported to be the largest fine of this sort to date.  I think it is interesting how this fine was broken down and hope that Delta uses these criteria to make the changes that are called for:

• $750,000 civil penalty
• $1.25 million to improve service to passengers with disabilities beyond what is required by law
• Up to $834,000 toward development and implementation of an automated wheelchair tracking system at the carrier’s major hub airports
• Up to $236,000 may be used toward developing and distributing customer service surveys for passengers with disabilities to rate Delta’s accommodation services and provide specific feedback to the carrier on how it can improve.
• Up to $150,000 may be used to expand audits of the carrier’s compliance with Air Carrier Access Act rules
• Up to $30,000 to enhance its website to improve air travel accessibility

Related articles

• Delta Airlines fined $2 million for disabilities violations (money.cnn.com)
• DOT fines Delta $2M for disability violations (seattletimes.nwsource.com)
• U.S. fines Delta Air $2 million over disabilities rules (reuters.com)

Image by alfromelkhorn via Flickr

In Philadelphia, the Parking Authority denied a severely handicapped girl a handicapped parking space in front of her own home. The girl, with severe brain damage, is unable to attend school if someone is parked in front of her home because the ramp from her home accesses the street at this parking space.  The 12 year old is unable to go to school when it snows or if a car is parked in the space because the bus cannot retrieve her without the use of her ramp.

So why the denial you ask?

If the home is not 20 feet wide they must have the consent of the neighbors.

Their home is 18 feet wide.  A request was made of the neighbors, but the family did not receive an answer.

The plaintiff’s attorney has stated that the agency acted “irrationally, discriminatorily, and without cause. ” The attorney and family claim there is no reason to require consent from a neighbor on a public street.

To read more about this story, check out the Philadelphia Inquirer.

Related articles

• Handicap’ Not Always Easy to Spot (socyberty.com)
• Disabled S. Philly girl to get front-of-home parking (philly.com)

A California man has been awarded $6.4 million in a lawsuit against the city of Roseville, Calif. and a Metro bus company for an injury he suffered while getting on one of the company buses in 2008. The quadriplegic man was being lifted up into one of the buses when his wheelchair rolled back off the platform, causing his head to strike the pavement, the suit stated. The man suffered severe brain injuries as a result. The city will pay 17 percent of the damages and MV Transportation, which operates the paratransit system and MetroAccess, will cover the other 83 percent.  The Washington Post

My first thought when I read this article was that if it wasn’t bad enough to be disabled from a spinal cord injury, now this guy has a traumatic brain injury too!  As always, my next thought was that he is going to need every bit of the settlement in order to have any quality of life in this life altering injury.

Knowing how closely linked this type of specialty transportation and quality of life and independence for disabled people are, I did some research on Metro Access. I found that in the Washington DC area, in one month alone in 2008 they provided 145,694 rides.  By now, they have seen an increase of 17% over that figure.  The incident in the article took  place in California, but Metro Access is a national contractor for disabled transportation.

Digging a little deeper, it became clear that this company has a lot of skeletons in their closet.  Here is a round up of what I discovered in just a 15 minute web search:

June 29, 2007-Washington DC

In June 2007, Metro settled a class-action lawsuit for $2.2 million that accused the service of late pickups, unreasonably lengthy trips, no-shows and rude drivers. The Equal Rights Center, which brought the suit, says it still fields complaints on such issues nearly every day. This class-action lawsuit alleged that MetroAccess service was so poor that it violated the Americans with Disabilities Act and the Rehabilitation Act.

November 19, 2008-Washington DC

People with disabilities who rely on MetroAccess are still facing long trips, with circuitous routes, early arrivals and early drop-offs, according to a report scheduled to be presented today.

The shared-ride, door-to-door transit service for those physically unable to take Metrorail and Metrobus also has more than triple the turnover rate among drivers, 111 percent, than the national average of about 30 percent.

The findings were not new to Gloria Corn, 60, a D.C. resident who has multiple sclerosis and needs an oxygen canister to breathe. She said she had to wait for more than 30 minutes in the fall for a MetroAccess pickup, causing her oxygen canister to run out.

Oct 4, 2010 –Seattle

This one takes the cake! A wheelchair-bound woman seriously injured while riding aboard Metro Access vans will receive $1.8 million from a pair of contractors hired by the King County paratransit program.

In separate incidents, the woman, now 60, broke a femur and then both lower legs during incidents in July 2006 and September 2008, respectively, in which her attorneys contended the operators of the Access vans were negligent.

Though she used a wheelchair to get around due to a medical condition, the woman had been living independently before the 2006 incident, attorney Corrie Yackulic said, announcing the settlements last week.

In July 2006, the woman was thrown from her chair after the van made a sudden stop. Her attorneys claimed the van’s driver, an employee of MV Transportation, Inc., failed to adequately strap her into her wheelchair.

Just more than two years after that severe leg break, the woman suffered breaks to both legs during another incident aboard another Access van.

Having arrived for an appointment at a dialysis center, the woman fell from a wheelchair lift when the van’s driver began to lower the platform before the chair was all the way on it, according to the lawsuit. The woman was pitched from her chair and suffered injuries to both her lower legs.

I think this post speaks for itself.  I would like to hear from folks who have had experiences, good or bad, personally or from a family member about their experiences with this type of transportation.

Related articles

• Settlement reached after woman’s legs broken in Metro Access van accidents (seattlepi.com)

When developing a special needs trust, it is imperative to secure the services of a nurse life care planner to incorporate the medical and non medical needs, the goals for the individual and determine the overall costs associated with the care.  Our goal is always to develop strategies for achieving the best quality of life for the individual’s life expectancy.  Many people talk with their special needs trust attorney without considering what a life care planner can bring to the table.  Usually there are six major assumptions which prevent the inclusion of the life care planner in this process.

1.  I can’t afford it.

Life Care Planning helps to look at your overall financial picture.  You may quickly find that you can’t afford not to include a life care plan.  Life Care Planners have expertise in determining medical and non medical related costs and creating a picture of the actual life time costs associated with care.  If this is your first experience with a special needs child, do you really feel that you have a good idea of the costs for his or her entire life time?  Do you know what speech therapy costs per session?  Do you know how many sessions are likely over an entire lifespan?

2.  Only the wealthy have trust accounts

There are many ways to fund a trust account including real estate and annuities.  For persons with disabilities or a child with special needs, the trust has to include specific wording which requires the expertise of a special needs trust attorney.

3.  There is a wealthy family member that will help out

While some families may have a loving relative that has indicated they would take action to provide financial help, but this may not be the help you had anticipated.  If a large monetary gift is received, it could cause any government benefits to cease causing a greater hardship in the long term. Gifts given outright, left to the child in a will or even proceeds of a life insurance policy could be detrimental.

4.  I already took care of it in my will

As stated above, naming a person with a disability or special need as a beneficiary could work opposite of your intentions.  Furthermore, even if the will includes the development of a trust, without a life care planner to assist you in determining the expected life long costs for care, how certain are you that the individual will be cared for in the manner that you would expect?

5.  His/her brother or sister will take care

One should never assume that a sibling would care for their loved one.  This is something that should be discussed and well thought out.  The grown sibling may not be aware of the amount of care required, the specifics of the care, the daily pressures that come with it, or even the goals you have for the individual.  Perhaps the sibling is not in a place that they can help.  Things change.  Situations change.  The life care plan is a written document which explains the goals for the individual and will help the sibling who wants to provide care, to budget for his or her long term needs.

6.  It is too soon to think about schooling and special education for my toddler

Even if you have just been told you have a special needs child, it is never too soon to think about school.  Special education requirements depend on the individual’s needs, but could include private schools, tutoring, and special therapies.  It takes time to develop an IEP (Individualized Education Program) and to put it into place.  Meeting with special needs advocates and the special education department of your school district will help you to understand the process and plan accordingly.

Be proactive in caring for your special needs child or disabled family member.  Obtain the services of a special needs trust attorney and make sure he or she works with a certified nurse life care planner to create a comprehensive plan.  Failing to plan could mean more work, more stress, problems to resolve, decisions to make under pressure, unnecessary burdens and more.  By working with an experienced nurse life care planner, your special needs trust will include a detailed cost analysis which you can use for planning, trust development and long term budgeting purposes for any caregiver.

Related articles by Zemanta

• Planning for the care of a special-needs child (money.cnn.com)
• Defining the Goals for Special Education Teachers (brighthub.com)
• 10 Tips For Parents Of Special Needs Children (forbes.com)

By searching this blog for “resources” (see the search box to the right and below the image) one will discover a wealth of information regarding resources for the disabled.  I have recently obtained additional resources from a social worker that are certainly worth sharing.  Most of these resources are national, but a few are specific to Central Arkansas.  Please feel free to comment with your additions to this list.

• Easter Seals Arkansas – www.ar.easterseals.com
• Easter Seals – www.easterseals.com
• Arkansas Waiver Association – www.arkansaswaiver,com
• Arkansas Governor’s Developmental Disabilities Council -  www.ddcouncil.org
• Arkansas Federation of Families for Children’s Mental Health – www.affcmh.org
• Arkansas Support Network – www.supports.org
• Arkansas Rehabilitation Services – www.arsinfo.org
• Arkansas Autism Resource and Outreach Center – www.aaroc.org
• Arkansas Down Syndrome Association – www.ardownsyndrome.org
• Arkansas School for the Blind – 501-296-1810
• Arkansas School for the Deaf  – 501-324-9506
• ACCESS Schools – www.accessschools.org
• American Diabetes Association – www.diabetes.org
• Aphasia, the National Aphasia Organization – www.aphasia.org
• Autism Association of Northeast Arkansas – www.aanea.org
• Autism Speaks – www.autismspeaks.org (local events/information www.walknowforautismspeaks.org/arkansas)
• Brain Injury Association of Arkansas – www.brainassociation.org
• Community Connections Autism Resource Center of Arkansas – www.communityconnectionsar.org
• Conway Asperger – a Support Group in Conway, Arkansas – www.conwayasperger.org
• Cystic Fibrosis Foundation -  www.cff.org/Chapters/arkansas
• Dyslexia Arkansas – www.dyslexia-teacher.com/Arkansas
• Disability Rights Center – www.arkdisabilityrights.org
• Eye Contact Arkansas blog – www.eyecontactar.org
• HEAR – Helping Educate about Autism Recovery – www.arkansasautism.org
• Learning Disabilities Association of Arkansas – www.ldarkansas.org
• Meetup Little Rock Autism Families – www.meetup.com/little-rock-autism-families
• Muscular Dystrophy Association, Central Arkansas Chapter – 501-227-7098
• National Autism Association Arkansas – www.arkansasnaa.org
• Partners for Inclusive Communities – www.uams.edu/partners
• PEACE, Parents Educating Arkansas about Children with Epilepsy – www.peaceinark.com
• Riley’s Warriors – www.rileyswarriors.org
• United Cerebral Palsy of Arkansas – www.ucpark.org

Assistive technology refers to technology that can be used by those with disabilities.  Users are able to interact with the technology or device in a way that works best for his or her limitations.  Usually the technology is able to be assessed in multiple ways.  For example software that allows for input by mouse, speech, keyboard or a combination.  Multi-media products might be distributed in a variety of formats including CD, DVD which include closed captioning.  Websites might be made in such a way that a blind person could be read the information.

Disability.gov has a website dedicated to a variety of resources including those assistive technologies.  You can find information on these resources here.

Related articles by Zemanta

• The Benefits of Assistive Technology in Schools (brighthub.com)
• New book on role of technologies in assisting disabled students (computinged.wordpress.com)
• Available Assistive Technology Devices and Services for Students with Specific Learning Disabilities (brighthub.com)
• Communication Devices with Assistive Technology (brighthub.com)

I have been working with a trust client lately to develop a life care plan for an autistic child.  These kinds of life care plans are made to determine if the trust will have enough funds to maintain the child through his or her life expectancy with the types of care and support services they require.

In working on this particular plan, I have had to research sources available to those with autism.  Many of these resources are available for others as well and I felt they would be a valuable edition to the resources listed within this blog.

Please note that some of this information may be outdated as not every link was double checked before posting.  If you find any information in error, please note by commenting below.

Summer Camps and Weekend Respite Camps

• Camp Aldersgate – www.campaldersgate.net 501-225-1444, week long overnight summer camp and weekend respite camps.  Camps designed for children and ages vary.
• Camp Mitchell- www.campmitchell.org 501-727-5451
• Camp Barnabus – www.campbarnabus.org 417-476-2565
• Camp Believe – www.centersforyouthandfamilies.org 501-666-6833, 10 week day camp, ages 6 to 12
• Little Rock Parks/ Recreation www.littlerock.org/parksrecreation/therapeuticrec/summerdaycamps.aspx 501-918-5359, 6 week day summer camp, ages 8 to 18
• ARC Performing Arts Camp – www.arcark.org 501-375-7770 –  week long overnight performing arts camp for adults, campers can choose if they would like to do theatrics, singing, music and set design, camp is held at the CA Vines Arkansas 4H Center in West Little Rock.
• A-Camp – Email at a.camp4kids@gmail.com – 6 week therapeutic day summer camp for children with autism spectrum disorders, ages include children who have completed kindergarten through fifth grade.  Camp is held at Camp Aldersgate.
• Camp Connect (Community Connections) – www.communityconnections.org – 501-329-5459, one week day camp for children with autism spectrums disorders, ages include children who have completed kindergarten to 15 years old.
• Easter Seals Outreach Basic Training Program – www.aroutreach.com – 501-221-8414 – educational day program utilizing the STAR curriculum for children with autism spectrum disorders, ages include children entering kindergarten through fourth grade.
• Geyer Springs First Baptist Church, Little Rock – 501-351-2232 – One week day camp – Membership is not required. For more information call Bekka Middleton at 501-351-2232.
• Therapeutic Recreation in Parks-T.R.I.P. – (Arkansas Federation of Families for Children’s Mental Health) – www.affcmh.org – 501-374-7218 – weekend respite trips to State parks for individuals ages 8 to adults.

Gyms

• YMCA Metropolitan Little Rock – www.ymcalr.org

Westside YMCA, 4701 Sam Peck Rd, Little Rock, 501-227-8343

G. W. Carver YMCA, 1116 W. Daisy L Gatson Bates, Little Rock, AR, 501-376-0458

Heflin YMCA, 6101 JFK Blvd, North Little Rock, 501-758-3170

• Little Rock Athletic Club – www.lrac.com – 501-225-3601, 4610 Sam Peck Road. Little Rock, AR 72223
• Bess Chisum Stephens Community Center – www.centersforyouthandfamily.org – 501-664-4268, 1200 South Cleveland Street, Little Rock, AR 72204
• Jim Dailey Fitness and Aquatic Center – www.littlerock.org/parksrecreation/warmememorial – 501-664-6976,  300 south Monroe Street, Little Rock, AR 72204
• Jacksonville Community Center – www.cityofjacksonville.net – 501-982-4171 – # 5Municipal Dr, Jacksonville, AR

Hippotherapy/Therapeutic Horseback Riding

• Hearts & Hooves – www.heartsandhooves.com – 501-834-8766– 2308 Kellogg Acres Rd, Sherwood, AR 72120
• Harmony & Hooves – 501-470-5185/501-563-5211 – 1300 Jimmy Lane, Benton, AR 72019
• Beyond Boundaries – www.beyondboundariesar.com – 501-259-8333 – 2195 Peyton Street Hwy 319, Ward, AR 72176

Sports

• Miracle League Baseball – www.miracleleaguear.com – 501-940-3405 – Little Rock, AR
• Special Olympics – www.specialolympicsarkansas.org – 501-771-0222
• EXCEL – 501-843-2677
• Top Soccer, Community Connections – www.communityconnecctionsar.org – 501-329-5459 -  Conway and Little Rock, AR
• RUFL Flag Football, , Community Connections – www.communityconnecctionsar.org – 501-329-5459 -  Little Rock, AR and a summer camp in Conway

Miscellaneous Activities

• New Beginner’s Dance for Adults, Easter Seals Arkansas Adult Outreach Center – 501-221-8445 –  monthly dance held on the third Friday of the month 
• I Can! Dance – Community Connections – www.communityconnecctionsar.org – 501-329-5459 -  Conway, Little Rock and  North Little Rock, AR
• ACTS Jr. – Community Connections – www.communityconnecctionsar.org – 501-329-5459 -  Conway and Russellville, AR
• Parents Night Out – Geyer Springs First Baptist Church, Little Rock – 501-351-2232 – Parents night out is held on the second Friday of the month from 6pm to 8pm- Membership is not required. For more information or to RSVP, call Bekka Middleton at 501-351-2232.

Related articles by Zemanta

• Autism kids camp aims for fun (cbc.ca)
• Giving kids with autism a chance at summer camp (timesunion.com)
• Sask. unveils new autism programs (cbc.ca)

Because of my work with amputees, I am always researching and reading about the latest and greatest developments.  Today, I ran across a blog by Peggy, who is both an amputee and a mom to a precious 3 year old little boy.  She hosts a blog titled Amputee Mommy in hopes or providing support to others in her situation.  She chronicles her experiences and ideas and shares her store.

Peggy has an incredibly unusual story that includes having to request that her foot be removed in front of a judge.  Her amputation took place on July 3, 2003.  She explained that her physical recovery was difficult, but it was the emotional recovery that was the most difficult.  “It was not an easy journey,” says Peggy.  “[Luckily] my surgeon recognized my depression and set up counseling sessions with a specialist in the field.”

Peggy goes on to recount how her amputation was affected by her pregnancy.  She sought help, but found very few amputee moms who could provide information about the changes of her body.  An interesting comment about her new reliance on her handicapped accessories was an eye-opener for this life care planner.

If you want to learn more from Peggy, check out her blog at Tales of an Amputee Mommy.  Peggy says it best…”Many times after limb loss, hope is lost.  This is a testament that life continues after an amputation and that the amputee can thrive and achieve goals never imagined.”

Related articles by Zemanta

• ‘You just don’t look disabled’ (cnn.com)

The word “catastrophic” congers up images of motor vehicle accidents, falls from great heights, building collapse with resulting injuries such as spinal cord injuries, severe burns, amputations, loss of eyesight or neurological injuries. While these are common types of catastrophic injuries, any injury requiring extensive medical treatment and/or has a lasting impact on one’s life is classified as a catastrophic injury.
Thankfully, catastrophic injuries make up only a small fraction of the total number of workers’ compensation claims. However, the significant medical care required by these type cases accounts for a heavy financial burden. The proper management of these high dollar claims makes a significant difference in the cost of the workers’ compensation program.

As soon as the work comp adjuster receives a case that involved a major injury or hospitalization, it is imperative for the adjuster to act immediately. The adjuster needs to drop everything and concentrate on the catastrophic injury claim. The first recommendation is to contact all parties involved (worker, family members, supervisor, witnesses, Human Resources, hospital, physician, etc.) and also assign a nurse case manager.  The goal is to obtain as much information as possible in order to get a comprehensive understanding of what occurred.  Time is of the essence and it is important to obtain the information while it is fresh on everyone’s mind.

The case manager should also make arrangements to personally meet with the employee and/or his/her family member(s) at the hospital, preferably same day the injury occurred. Contact by the adjuster and the nurse case manager the same day as the accident is reported is critical to the outcome of the claim.
The injured workers’ primary concern is simply to survive the injury. The second thought is, “What do I do now?  How will this affect me and my family?  Will I be able to return to work?”

Most injured workers are contacted by a local attorney who has staff that regularly scours public records for new cases. If the injured worker is confident that he/she will receive the appropriate medical care, and that indemnity benefits will be paid, the probability of the employee hiring legal representation is greatly diminished.  In many cases attorney representation increases the employee’s recovery time and also increases medical costs secondary to defensive medicine practiced by the physicians involved.   Establishing rapport with the employee and/or family members is imperative.

Medical Management:

The intensive involvement of the work comp adjuster in the initial stages of the catastrophic injury claim is of paramount importance. Early medical management is essential to achieve the best possible medical outcome. The highly trained nurse case manager should handle the day to day medical management of the claim.

The nurse case manager is responsible for insuring the employee receives proper medical care throughout the life of the claim. This continuity of the medical care is critical to the best possible outcome for the employee. It also prevents the medical care from drifting to non-covered issues and prevents the claim from growing larger than necessary.

The nurse case manager works with the employee to guide the injured worker through the significant life changes that follow a catastrophic injury and help make sense of the treatment recommendations. As the employee goes through hospitalization, rehabilitation, and a return to home and community activities, the nurse case manager recommends the necessary work accommodations and treatment needed to succeed with a return to the work environment.

Along the way to recovery, or maximum medical improvement, the nurse case manager will continue to work with the treating physicians, specialists, therapists, rehabilitation providers, if the employee is unable to return to work. For those employees who are permanent and totally disabled and not able to return to work, the continuing involvement of the nurse case manager is necessary. The expertise of the nurse case manager in managing the medical aspects of disability and in determining the appropriate home-based care will impact the overall cost of the catastrophic work comp claim.

In summary, catastrophic claims which are not appropriately managed by the adjuster and assigned to a nurse case manager can quickly spiral out of control thereby drastically increasing the overall cost of the claim.  Immediate attention to the medical needs, establishing rapport and controlling costs of the medical care, has a positive impact on the overall cost of the workers compensation claim.