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Disability Rights New York

Disability Rights New York. Erica M. Molina, Esq. CAP Director. What is P&A/CAP? .

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Disability Rights New York

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  1. Disability Rights New York Erica M. Molina, Esq. CAP Director

  2. What is P&A/CAP? • The Protection & Advocacy network is a federally mandated system and exists in each state and territory. Through several federal grants, P&As protect the rights of persons with disabilities through legally based advocacy. • The Client Assistance Program (CAP) is sometimes not a part of a state’s P&A network…

  3. Systemic Advocacy • Though much of its work consists of day-to-day advocacy and protection of individual rights, the aim of the P&A system is to effect and implement systemic changes which strengthen or establish those rights and protections due under the law to people with disabilities.

  4. What is DRNY? • Since 1989, DRNY (formerly Disability Advocates, Inc.) has been providing free advocacy and legal services to individuals with disabilities in New York State. On June 1, 2013, DRNY assumed all statewide responsibilities for the provision of the federal Protection & Advocacy and the Client Assistance Programs (P&A/CAP).

  5. The 8 P&A Programs • Protection and Advocacy for Individuals with Mental Illness (PAIMI) • Protection and Advocacy for Persons w/ Developmental Disabilities (PADD) • Protection and Advocacy of Individual Rights (PAIR) • Protection and Advocacy for Beneficiaries of Social Security (PABSS) • Protection and Advocacy for Voter Access (PAVA) • Protection and Advocacy for Assistive Technology (PAAT) • Protection and Advocacy for Traumatic Brain Injury (PATBI) • Client Assistance Program (CAP)

  6. PAIMI • Any individual who has a diagnosis of serious mental illness may be eligible for PAIMI services. The program places priority on serving persons with serious mental illness who live in facilities that provide some kind of care and treatment.  It also serves individuals with serious mental illness who live in the community.

  7. PAIMI Services (some) • Advice/professional assistance • Administrative remedies • Technical assistance • Negotiation/mediation • Investigate abuse and neglect complaints • Legal assistance • Information/referral • Training

  8. PADD • The PADD program provides legal representation and services to persons who have intellectual and developmental disabilities, as defined by federal legislation. “Developmental disability”: • (A) is due to a mental and physical impairment or combination of both; (B) begins before the person reaches age 22; (C) is likely to continue indefinitely; and (D) results in substantial limitations in 3 or more vital activities…

  9. PABSS • The PABSS program provides free legal assistance to people with disabilities who receive Social Security Disability Insurance (SSDI) or Supplementary Security Income (SSI) and who are encountering barriers in their efforts to become employed, or to receive employment-related training and services.

  10. PABSS ServicesUnder the PABSS program, DRNY may only assist qualified individuals with matters related to employment, such as: • Disputes with community service providers; • Special Education and Transition; • Health Care; • Disability benefits and work incentives; • Rights and conditions of employment; • Vocational rehabilitation and preparation; • Rights, responsibilities, and reasonable accommodations under the Americans with Disabilities Act; • Wage and hour issues; • Transportation; • Housing assistance; • Removing barriers to a beneficiary's return-to-work goal

  11. PAVA • The Help America Vote Act (HAVA) of 2002 directed the U.S. HHS Dept. to establish the PAVA program. • Goals include: • Ensuring full participation in the electoral process for individuals with disabilities. • Providing assistance to states and other governmental entities regarding the physical accessibility of polling places.

  12. PAAT • The PAAT program provides free legal and advocacy services to people with disabilities relating to assistive technology devices or services. • The Technology-Related Assistance for Individuals with Disabilities Act (Tech Act) requires states to provide funding to establish P&A programs to advocate for persons with disabilities seeking technology or related services.

  13. PAAT Services • Investigate and, if appropriate, negotiate solutions to problems encountered by individuals with disabilities in accessing assistive technology devices and services • Engage in formal representation for individuals with disabilities and other appropriate means of representation to implement systems change and advocacy activities to secure assistive technology devices

  14. PATBI • Provides free legal and non-legal assistance to people with traumatic brain injury. DRNY provides advocacy and advice regarding the following: • Ensuring individuals with TBI will be afforded meaningful “due process” within the New York State TBI Waiver. • Ensuring individuals with TBI have access to comprehensive, high quality health care services. • Assisting individuals with TBI who are not on the waiver to receive appropriate services.

  15. PAIR • The PAIR program provides free advocacy and representation to individuals with disabilities who do not qualify for other existing P&A programs. DRNY provides a wide range of services under the PAIR program.

  16. CAP • Assists New Yorkers with disabilities with questions or issues encountered while receiving or applying for VR services from state VR agencies (ACCES-VR, NYSCB) and tribal VR programs. • CAP also advocates for those individuals with disabilities receiving services from ILCs.

  17. The P&A Transition • DRNY’s transition period runs from June 1, 2013 thru September 30, 2014, during which time DRNY will continue to use 11 contractors statewide to provide services pursuant to the P&A statutes. • It is anticipated that there will be three DRNY Regional Offices (Albany – 40; NYC – 20; Western – 10).

  18. Disability Rights New York • 725 Broadway, Suite 450Albany, NY 12207-2374(518) 432-7861 (voice)(518) 512-3448 (TTY)(800) 993-8982 (toll-free voice/TTY)(518) 427-6561 (fax) • mail@disabilityadvocates.org • www.disability-advocates.org

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