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GENE: Alright, folks, 
and welcome
[00:00:34.333]
to another edition 
of The Gene and Dave Show.
[00:00:37.233]
DAVE: Yes, and today, 
we are talking about law.
[00:00:40.767]
But before you go turning 
your channels,
[00:00:42.633]
you will want to see 
this episode.
[00:00:44.700]
I know that law 
can get to be boring,
[00:00:46.067]
but today, we're talking 
about law and how it affects
[00:00:49.167]
people with disabilities.
[00:00:50.500]
You know, Gene, 
as I meet people,
[00:00:52.867]
other folks that 
have disabilities,
[00:00:55.667]
I get questions 
all the time about,
[00:00:58.567]
"Oh, man, what do you do if you 
can't get into a restaurant?"
[00:01:01.233]
or, you know, if a restaurant, 
you can't get into the bathroom.
[00:01:05.833]
Or, you know, "What is this 
new Medicated Waiver Program?"
[00:01:09.567]
You know, "What are my rights 
as a citizen with a disability
[00:01:15.267]
to be able to go 
into a public building
[00:01:18.433]
or a public park?"
[00:01:19.533]
GENE: It's always, it's either 
access or benefits
[00:01:23.567]
that everyone's got 
questions on.
[00:01:25.567]
DAVE: All those questions.
[00:01:26.700]
And today, we are gonna tackle,
[00:01:28.400]
try to tackle all of those 
on this episode.
[00:01:31.200]
So, stay tuned.
[00:01:34.167]
Probably one of the biggest 
questions is access.
[00:01:37.033]
GENE: Yeah, 
and when we talk access,
[00:01:39.700]
generally, we're talking 
Americans with Disabilities Act.
[00:01:42.267]
DAVE: Right, the ADA, 
as it's better known.
[00:01:44.533]
And if you've ever looked 
at the ADA,
[00:01:47.200]
the laws and what you need 
to know about it,
[00:01:50.567]
it's a confusing mess.
[00:01:52.967]
GENE: Oh, yeah. 
Not just for us.
[00:01:54.367]
But for a lot of attorneys 
out there, too.
[00:01:58.033]
DAVE: For attorneys 
and contractors
[00:01:59.567]
that are actually 
building buildings.
[00:02:01.967]
Everybody involved in trying 
to implement the ADA,
[00:02:05.367]
it can get pretty confusing.
[00:02:07.100]
But we talked 
to a friend of yours...
[00:02:09.033]
GENE: That's right. 
Wendy Wilkinson.
[00:02:10.967]
DAVE: We talked to Wendy, 
and she is with ADA of...
[00:02:13.933]
GENE: Yeah, ADA South. 
The Southwest ADA Center.
[00:02:19.000]
DAVE: Yeah, also known as DBTAC.
[00:02:21.067]
GENE: Exactly, 
the Disability Business
[00:02:22.700]
and Technical Assistance Center.
[00:02:24.800]
And if anyone knows the law, 
she knows the law.
[00:02:27.867]
And so, you're gonna want 
to stay tuned for this.
[00:02:32.267]
Let's see what Wendy has to say 
on this access stuff.
[00:02:35.467]
Wendy, what exactly is 
the DBTAC Southwest ADA Center?
[00:02:40.833]
WENDY: Alright, this is quite 
a mouthful (inaudible).
[00:02:43.733]
The DBTAC Southwest ADA Center 
stands for
[00:02:46.967]
the Disability and Business 
Technical Assistance Center.
[00:02:50.400]
On the Americans 
with Disabilities Act,
[00:02:52.833]
we receive funding 
that's from NIDRR,
[00:02:55.733]
a program 
of the Department of Education.
[00:02:58.700]
And we were funded 
about 20 years ago.
[00:03:01.800]
After the ADA was passed, 
there was a recognition
[00:03:05.067]
that people 
would need information
[00:03:07.767]
on disability and how 
to actually implement the ADA.
[00:03:12.333]
Because unlike 
other civil rights laws,
[00:03:14.567]
it was not enough say,
[00:03:16.300]
"You could enter this business. 
You can come here."
[00:03:19.300]
Because buildings needed 
to be changed,
[00:03:22.233]
we needed ramps to get in.
[00:03:24.800]
In terms of employment,
employers had to figure out
[00:03:27.700]
how to do different things 
differently
[00:03:29.233]
in order to accommodate 
people with disabilities.
[00:03:31.700]
So, what we were funded to do 
was provide training,
[00:03:35.100]
technical assistance, 
and resources on ADA
[00:03:38.667]
and other 
disability-related laws.
[00:03:41.100]
And we do that through providing 
technical assistance
[00:03:44.067]
through an 800 number, 
in person,
[00:03:46.667]
going out 
and providing training to other,
[00:03:49.500]
anybody with rights or 
responsibilities under the ADA.
[00:03:53.833]
There continues to be 
a huge demand, I think,
[00:03:56.567]
because people 
still don't understand
[00:03:58.600]
all the implications 
of disabilities,
[00:04:00.700]
and actually what 
nondiscrimination
[00:04:02.567]
against people 
with disabilities means.
[00:04:05.233]
GENE: What services 
do you actually provide
[00:04:07.233]
regarding the ADA?
[00:04:09.200]
WENDY: We provide 
in-person training.
[00:04:11.700]
We also provide training 
through webinars.
[00:04:15.100]
We broadcast podcasts 
on a regular basis.
[00:04:19.100]
We also have video capped 
in American sign language,
[00:04:24.433]
which actually 
appear on YouTube.
[00:04:26.800]
We developed resources 
tailored to different groups
[00:04:30.667]
and audiences, again to provide 
technical assistance
[00:04:34.267]
over the phone 
to a variety of entities,
[00:04:37.300]
folks with repressed rights 
and responsibilities.
[00:04:39.700]
So, if someone calls, 
we'll explain to them
[00:04:42.200]
what their rights 
to employment are,
[00:04:44.700]
how they might access 
a business,
[00:04:48.000]
what the tax incentives 
for business are.
[00:04:50.400]
We do a lot of things 
that we're continually growing
[00:04:53.533]
in terms of the dynamism 
of the ADA.
[00:04:56.300]
Just using technology 
as much as we can
[00:04:58.633]
to promote proactive compliance 
with the ADA.
[00:05:01.533]
DAVE: It sounds like you've got 
a great Web presence.
[00:05:04.100]
How do people find you 
on the Internet?
[00:05:06.467]
WENDY: Yes, we do have 
a great Web presence.
[00:05:09.000]
And you can find us 
on the Internet
[00:05:11.467]
at www.swdbtac.edu.
[00:05:17.400]
And on that Web site, we have 
a lot of different resources.
[00:05:21.133]
We have hundreds of publications 
that people can get to.
[00:05:25.833]
If they have questions, 
we also have a resource
[00:05:28.400]
that we're proud of, 
that has developed here
[00:05:30.600]
called the Disability Law Index,
[00:05:33.233]
where you can actually go 
to a particular regulation,
[00:05:36.800]
look at the statutes, 
look at the regulations,
[00:05:39.700]
and look at the case file 
that's interpreted it.
[00:05:41.700]
So, you can see 
what's been happening
[00:05:44.167]
with that particular piece,
[00:05:45.867]
and what's the latest 
court cases are,
[00:05:48.633]
or settlement agreements are,
[00:05:50.533]
about that particular 
regulation.
[00:05:53.300]
We also have a whole archive
[00:05:55.800]
of e-bulletins 
that we've written.
[00:05:58.100]
And e-bulletins 
are pieces that we've written,
[00:06:01.433]
just particular issues, 
for example,
[00:06:03.867]
"Service Animals Under the ADA."
[00:06:06.133]
That's been one 
of our most popular e-bulletins.
[00:06:09.067]
And also other topics 
related to disability.
[00:06:12.967]
Because of the advent 
with Ike, Katrina and Rita,
[00:06:16.967]
we've been involved 
in training entities
[00:06:19.000]
on disaster preparedness
and recovery,
[00:06:22.000]
and how you make sure 
you accommodate
[00:06:23.733]
people with disabilities.
[00:06:25.533]
We do a lot of training 
on accommodating
[00:06:28.100]
people with post-secondaries.
[00:06:29.967]
So, that would include 
adjusting 504.
[00:06:33.933]
We also adjust housing issues,
the Fair Housing Act.
[00:06:38.233]
So, as you can see
on our Web site,
[00:06:40.567]
we've really populated it
[00:06:41.933]
with a rich repository 
of information,
[00:06:44.467]
all kinds of laws.
[00:06:46.033]
We have developed factsheets
that are specific
[00:06:48.533]
to different areas of the law
[00:06:50.467]
because there's a huge body 
of disability-related laws.
[00:06:54.600]
And we're here to try 
to translate those laws,
[00:06:57.600]
develop resources so that people 
can understand their rights
[00:07:02.300]
and be able to understand 
how to request
[00:07:04.967]
an accommodation.
[00:07:06.233]
And to employers 
offering exempt,
[00:07:08.700]
how to respond 
to those various requests.
[00:07:10.633]
So, we do have 
a lot of these information,
[00:07:13.800]
and not just on the ADA.
[00:07:15.800]
GENE: So, is there a fee 
for any of your service?
[00:07:18.767]
WENDY: For the most, though.
All calls.
[00:07:20.933]
The calls are free.
[00:07:22.167]
A lot of our trainings 
are free.
[00:07:24.500]
However, from time to time,
[00:07:25.867]
we do request fees 
just to cover
[00:07:28.133]
(inaudible)
[00:07:30.200]
to travel and come 
and do some trainings.
[00:07:33.167]
But it's on a sliding scale.
[00:07:35.133]
Our intention is we want 
to get out there
[00:07:37.233]
and get the word out 
about the ADA and disabilities
[00:07:41.333]
to the extent that we can.
[00:07:43.533]
Plus now and then, 
in order to recoup those costs,
[00:07:47.067]
we do sometimes charge 
for different trainings.
[00:07:50.367]
But anything that we do make  
does go back into the program
[00:07:53.700]
so that we can do 
further training,
[00:07:56.700]
develop new webinars, resources, 
all to promote the ADA.
[00:08:01.900]
GENE: I think you said before,
but if there's repeating,
[00:08:05.867]
we don't have to be 
an attorney to call,
[00:08:07.667]
we don't have to be 
an organization,
[00:08:09.600]
just anybody with a disability 
or not that has a question
[00:08:13.267]
on the ADA, 
or perhaps related laws,
[00:08:16.500]
can call your office
[00:08:18.667]
at 1-800-949-4232
[00:08:23.533]
and speak with someone there
regarding one of these laws
[00:08:27.700]
for no charge.
[00:08:28.967]
WENDY: Absolutely.
[00:08:30.333]
And as I've said, 
we love your show.
[00:08:32.433]
And you guys 
are doing a great job.
[00:08:36.033]
GENE: You know, Dave,
[00:08:39.533]
I'm glad we have Wendy's view
from that public side here.
[00:08:42.933]
In the private sector, 
there are some laws that...
[00:08:45.967]
DAVE: Yeah, Wendy sounds 
really accessible, too.
[00:08:48.100]
GENE: Yeah.
[00:08:49.100]
DAVE: Just being able 
to give them a call
[00:08:50.367]
and talk to them about problems 
that you have, or...
[00:08:53.767]
Man, I looked through 
their Web site,
[00:08:55.267]
and there's just 
a ton of information out there,
[00:08:58.233]
including an old log from Gene.
[00:09:01.467]
See if you can find that.
[00:09:03.567]
GENE: Beyond that, Dave,
[00:09:05.000]
they've got 
their videos captioned,
[00:09:06.400]
they've got 
a sign language interpreter
[00:09:09.200]
on some of their videos,
[00:09:12.633]
in Spanish.
[00:09:13.733]
So, if you can't access 
their materials,
[00:09:17.433]
there's something wrong...
[00:09:18.467]
DAVE: All the time,
or that I get all the time,
[00:09:20.533]
Gene, is about,
[00:09:23.167]
"How do I get benefits?
[00:09:25.733]
You know, maybe I wasn't 
disabled yesterday,
[00:09:28.933]
but I am today.
[00:09:30.667]
How in the world do I get help 
for this equipment
[00:09:34.533]
that's so expensive?"
[00:09:36.033]
Or, "You know, I'm disabled now
and I can no longer work.
[00:09:40.533]
There's Medicaid, Medicare,
SSI, SSDI.
[00:09:44.300]
How do I make sense of all of it
and what do I need to do
[00:09:46.433]
to protect myself?"
[00:09:48.067]
GENE: Yeah, 
a lot of good questions.
[00:09:49.533]
And you're gonna want 
to make sure
[00:09:51.233]
you get the right answers
[00:09:52.667]
'cause it could have 
such an impact
[00:09:55.600]
on your daily life:
your income, your benefits.
[00:09:59.100]
So, we went to Clyde Farrell,
[00:10:01.267]
who's an expert 
in Elder Law here in Austin.
[00:10:04.700]
And Clyde is also 
one of those people
[00:10:07.067]
that's really accessible,
[00:10:08.600]
real great guy to talk to.
[00:10:10.833]
And I actually went to Clyde 
to get my will drawn up
[00:10:14.600]
and medical power of attorney
[00:10:18.433]
because I don't want to have 
any questions
[00:10:20.567]
when it's my time to go.
[00:10:23.833]
DAVE: We had several questions 
for him.
[00:10:25.433]
And, man, I think, you know, 
we were trying
[00:10:26.967]
as hard as we could 
to stump the guy.
[00:10:30.067]
And he just had...
[00:10:31.100]
He had a direct answer 
for everything.
[00:10:33.467]
So, he's definitely 
a wealth of knowledge.
[00:10:37.100]
And he's trying 
to train other lawyers,
[00:10:40.300]
young lawyers, 
in his corporation
[00:10:43.533]
to be able to take over 
this knowledge.
[00:10:47.500]
GENE: Yes, so if you call up 
Clyde and he refers you
[00:10:51.100]
to another lawyer, it's because 
it's someone that he's providing
[00:10:54.900]
some tutelage for, 
and he's not pushing you out.
[00:10:57.567]
But, yeah, like you say,
he's bringing up
[00:10:59.900]
some young folks.
[00:11:00.967]
DAVE: Yeah, and he's definitely 
got a wealth of information.
[00:11:02.900]
So, I recommend you call him.
[00:11:05.200]
Let's watch this first 
and see what you think.
[00:11:07.467]
{keyedText:on}[00:11:10.667]
{keyedText:off}{backColor:0,0,0}GENE: We're here today 
with Clyde Farrell
[00:11:12.633]
who is an attorney 
in Elder Law.
[00:11:15.967]
Clyde, what exactly 
is Elder Law?
[00:11:20.267]
CLYDE: Elder Law involves 
traditional estate planning
[00:11:23.167]
and coverage for elder folks.
[00:11:26.400]
But added to that is dealing 
with public benefits.
[00:11:29.833]
Essentially, a lot of what we do
is what I call
[00:11:32.500]
passing the means test.
[00:11:34.133]
When people need Medicaid or SSI 
or other means-tested benefits,
[00:11:38.867]
we help them 
pass the means test.
[00:11:41.033]
GENE: You know, a lot of us 
folks with disabilities
[00:11:45.833]
have questions on Medicare.
[00:11:48.100]
What is the Buy-in Program?
[00:11:49.733]
Can you tell us about that?
[00:11:51.367]
CLYDE: Yes, we have 
a new Medicaid Buy-in Program.
[00:11:54.067]
It's only been around
for about three years.
[00:11:57.133]
And the last time I checked,
[00:11:58.833]
there were only 80 or so people 
on the program.
[00:12:02.133]
But I think that's a sign.
[00:12:03.567]
Because I've seen 
a lot of cases
[00:12:05.167]
where people 
could really benefit from it.
[00:12:07.200]
GENE: Eighty 
in the whole state of Texas?
[00:12:08.833]
CLYDE: That's right.
[00:12:10.000]
DAVE: Wow, that means test 
must be pretty tough.
[00:12:12.833]
I should've studied harder.
[00:12:16.867]
So, why are there so few?
[00:12:18.300]
You know the answer to that?
[00:12:19.533]
CLYDE: I think 
it's largely because the state
[00:12:21.667]
doesn't publicize it 
very much.
[00:12:24.333]
But people need to know 
some basic facts about it.
[00:12:27.367]
For example, 
if you're married,
[00:12:29.467]
a spouse's asset and income 
don't count.
[00:12:33.067]
And you can transfer 
all your assets
[00:12:34.733]
over to your spouse
without penalty
[00:12:36.967]
because another thing 
to know about it is
[00:12:38.533]
there is no transfer penalty.
[00:12:40.233]
You can transfer your assets 
to your best buddy
[00:12:43.000]
or your son or daughter
or a parent,
[00:12:45.233]
and there's still no penalty.
[00:12:49.800]
DAVE: You mentioned something 
about a waiting list.
[00:12:53.167]
CLYDE: We were talking 
about a waiting list
[00:12:54.600]
concerning waiver programs.
[00:12:56.367]
Like, there's not a waiting list
on the Medicaid Buy-in
[00:12:59.500]
because there's so few people
applying for it.
[00:13:01.733]
DAVE: Okay.
[00:13:04.133]
CLYDE: Now, also, 
it's good to know about Buy-in
[00:13:06.267]
that there's a 5,000-dollar 
resource or asset limit.
[00:13:10.100]
But unlike regular 
Medicaid and SSI,
[00:13:14.133]
retirement accounts don't count.
[00:13:15.800]
So, you could have $100,000 
in an IRA
[00:13:18.533]
or any other tax-deferred
retirement account
[00:13:21.200]
and still get Medicaid Buy-in.
[00:13:23.600]
DAVE: So, what does 
the Medicaid Buy-in do
[00:13:26.700]
for someone like myself?
[00:13:28.700]
CYLDE: Now, the main thing 
it does is it makes Medicaid
[00:13:32.400]
available to people 
who otherwise would be,
[00:13:37.900]
who can't qualify for SSI
[00:13:39.833]
because they have 
too much income.
[00:13:42.300]
For example, 
people who have
[00:13:45.867]
social security 
disability benefits
[00:13:47.667]
but haven't yet hit 
that 29-month period
[00:13:50.800]
when they get on Medicare
are in a terrible buy-in
[00:13:54.133]
in many cases.
[00:13:55.433]
If they don't already have 
health insurance
[00:13:56.933]
or if they can't afford 
health insurance,
[00:13:59.400]
Medicaid Buy-in can help them 
get through that period.
[00:14:02.733]
Now, Medicaid Buy-in does have 
a premium for some people.
[00:14:06.700]
If you have more than $674 
in unearned income,
[00:14:11.067]
the amount above that 
has to be paid as a premium,
[00:14:14.567]
but you never have to pay 
more than $500 a month
[00:14:17.667]
as a premium.
[00:14:20.200]
GENE: You know, 
it sounds like all this
[00:14:21.233]
can get a little bit 
complicated,
[00:14:22.533]
but we're gonna find out 
before this broadcast is over
[00:14:25.333]
how we can get 
in contact with you.
[00:14:26.767]
So, for you folks out there 
who want to learn more,
[00:14:30.967]
they can, directly from you.
[00:14:35.533]
Let's say I'm working 
and I want to continue to work,
[00:14:39.667]
don't want to lose 
my health benefits,
[00:14:42.033]
what are the rights 
of persons with disabilities
[00:14:45.267]
who are working?
[00:14:46.500]
CLYDE: The best resource 
I found on that recently
[00:14:49.467]
is this book 
I have right here,
[00:14:50.933]
"Benefits Management for Working 
People with Disabilities."
[00:14:54.933]
Let me say the title again, 
so you can get enough of that
[00:14:57.100]
to Google it 
because I'm not sure exactly...
[00:15:00.300]
I bought from the publisher, 
which is Empire Justice Center.
[00:15:05.533]
You might Google that.
[00:15:07.200]
But the title again is
[00:15:08.733]
"Benefits Management for Working 
People with Disabilities."
[00:15:12.133]
This has been around 
for about 10 years.
[00:15:14.367]
I have an earlier edition.
[00:15:15.933]
And this is 2009 edition 
is really good.
[00:15:19.467]
GENE: Does it explain it
easy enough for folks like me
[00:15:22.733]
to understand?
[00:15:24.933]
CLYDE: It does, Gene.
[00:15:26.033]
You're a pretty smart guy.
[00:15:28.133]
GENE: Thanks, Clyde.
[00:15:33.533]
Dave, did you have 
a question
[00:15:34.667]
about Medicaid 
beneficiary needs?
[00:15:38.800]
DAVE: So, what if 
a Medicaid beneficiary
[00:15:40.867]
needs Medicaid 
in order to work?
[00:15:43.567]
CLYDE: Yeah, we've seen this.
[00:15:45.367]
For example, 
some group home residents
[00:15:48.700]
can work and make 
a pretty good income
[00:15:51.233]
if they have the support
of that group home.
[00:15:54.567]
And what's called 
a 1619(b) Program
[00:15:58.033]
comes into effect there.
[00:15:59.333]
That's named after a section 
of the Social Security Act.
[00:16:02.433]
And under that, people can make 
as much as $29,152 a year,
[00:16:08.367]
and still get Medicaid benefits,
which pays the group home.
[00:16:13.300]
And the idea there is that 
if you need the Medicaid
[00:16:18.300]
in order to work, 
then Medicaid will allow you to,
[00:16:23.733]
it will pay as long 
as your income does not exceed
[00:16:29.267]
$29,152 a month.
[00:16:32.233]
GENE: This is 2010...
[00:16:34.033]
CLYDE: I mean, a year.
I'm sorry.
[00:16:36.067]
It's $2,429.33 a month.
[00:16:39.867]
GENE: Now, this is 
the year 2010.
[00:16:42.233]
The numbers you just gave us 
will change next year,
[00:16:45.800]
or every year, 
it's safe to say.
[00:16:48.200]
CLYDE: Ordinarily, 
they change every year.
[00:16:50.233]
They haven't changed this year 
because we didn't have
[00:16:52.500]
inflation this year, supposedly.
[00:16:54.467]
GENE: Well, it's been 
so me and Dave.
[00:16:57.600]
{keyedText:on}[00:17:01.033]
{keyedText:off}{backColor:0,0,0}Alright, well, let's talk 
about SSI for a moment.
[00:17:06.800]
If SSI benefits are reduced
by a third
[00:17:10.633]
because someone's providing 
food, shelter,
[00:17:13.000]
whether it be a parent
or someone like that,
[00:17:16.000]
is there any way around that?
[00:17:17.867]
CLYDE: Yes.
[00:17:19.300]
Sometimes, we can 
get around that
[00:17:21.167]
with what's called 
a business arrangement.
[00:17:23.800]
If you pay the actual cost
of your food and shelter,
[00:17:27.533]
usually to someone 
you're living with,
[00:17:30.400]
you pay a pro-rated share 
of utilities, food,
[00:17:34.833]
maintenance, all of that,
[00:17:37.100]
then you don't have 
any deduction
[00:17:38.933]
from your SSI benefit.
[00:17:40.700]
And knowing that 
can be very valuable.
[00:17:44.667]
GENE: Oh, sure, you keep 
the money in the family.
[00:17:46.333]
DAVE: Yeah, 
and I'm speaking of trust.
[00:17:48.000]
I've heard that you have 
the SSI trust.
[00:17:51.500]
But you can't use 
those fund to purchase
[00:17:54.333]
a need like living expenses, 
for example.
[00:17:58.167]
CLYDE: Well, that's sometimes 
said, and there are a few trusts
[00:18:00.633]
that are actually 
written that way.
[00:18:02.467]
But the rules have changed 
on that over the years
[00:18:05.733]
so that you actually can use,
if you're on SSI or Medicaid,
[00:18:10.167]
you actually can use 
trust funds for that
[00:18:13.700]
if you're willing to accept
that one-third reduction.
[00:18:17.400]
Now, for most people with trust,
that's a very good deal.
[00:18:20.667]
If the trust is large enough 
to pay for the shelter,
[00:18:24.433]
then a one-third reduction 
in SSI benefits
[00:18:27.667]
isn't a big deal.
[00:18:28.767]
That's $245 a month.
[00:18:31.267]
And usually, 
that's the best thing to do.
[00:18:33.533]
But there are some people
[00:18:34.633]
who have a relatively 
small trust,
[00:18:36.533]
that isn't really large enough 
to pay all the food and shelter.
[00:18:39.600]
And for some of those people,
it's still better
[00:18:42.200]
to use the trust just for things 
other than food and shelter.
[00:18:46.167]
DAVE: But you can do it.
That's good enough.
[00:18:47.500]
CLYDE: That's right.
That's right.
[00:18:48.733]
Depends on your situation.
[00:18:50.900]
GENE: Alright, 
I've got one for you, Clyde.
[00:18:53.633]
Obviously, I have 
a serious disability,
[00:18:55.067]
I'm a quadriplegic.
[00:18:57.733]
But I can make 
a pretty good income.
[00:18:59.400]
Well, I suppose I could
if I was ambitious.
[00:19:01.600]
But how can I get 
health payment for attendance
[00:19:06.033]
if I don't have 
a pretty good income?
[00:19:08.033]
CLYDE: Well, there are 
two main things
[00:19:09.767]
to know about that.
[00:19:11.167]
The first thing 
to know is that,
[00:19:13.567]
you know you have, if you make 
more than $1,000 a month,
[00:19:17.100]
Social Security generally 
assumes you are able to engage
[00:19:20.433]
in substantial 
gainful employment,
[00:19:22.067]
and you lose your benefits.
[00:19:23.967]
But they deduct 
from what they count
[00:19:26.533]
for that purpose 
is what's called
[00:19:28.067]
impairment-related 
work expenses, or IRWE,
[00:19:31.533]
I-R-W-E.
[00:19:33.133]
So, you could have, 
let's say,
[00:19:34.400]
$4,000 a month in income, 
and if you're paying
[00:19:38.433]
$3,000 a month 
for attendant care
[00:19:41.300]
or some other 
impairment-related work expense,
[00:19:44.567]
you're not gonna be 
threatened
[00:19:45.600]
with loss 
of Social Security disability.
[00:19:48.967]
And another benefit 
that can help with that
[00:19:52.167]
is one of the waiver programs,
community-based alternatives,
[00:19:56.233]
or a class program.
[00:19:57.833]
Once you get up 
on the waiting list
[00:19:59.133]
on those programs, 
they can help pay for care
[00:20:03.300]
that your work income 
might not be sufficient to pay.
[00:20:07.367]
So, you really can have 
a pretty good income,
[00:20:09.367]
if you could find a way 
to get it,
[00:20:11.467]
and still apply 
for attendant care
[00:20:12.933]
if you use all those resources.
[00:20:14.767]
GENE: Well, let's talk 
about something
[00:20:15.600]
perhaps a little bit more
here and now.
[00:20:18.667]
Let's say that I live 
with my parents,
[00:20:21.500]
and they pay 
for private insurance for me.
[00:20:25.867]
I also have Medicaid.
[00:20:27.833]
Would there be any reason 
for my parents
[00:20:29.467]
to keep paying 
for private health insurance?
[00:20:32.767]
CLYDE: Yes, there is.
[00:20:34.000]
There's the Health Insurance 
Premium Payment program,
[00:20:37.467]
or HIPP,
[00:20:39.233]
will actually pay 
the entire premium
[00:20:41.200]
for the entire family.
[00:20:42.500]
Everybody in the household 
is covered
[00:20:44.700]
by that private 
health insurance,
[00:20:48.633]
if that's cost-effective 
for the Medicaid program.
[00:20:51.333]
Now, I've seen 
a number of cases on that.
[00:20:53.167]
In every case, 
it was cost-effective for them.
[00:20:56.233]
So, that could save hundreds,
[00:20:57.833]
even thousands of dollars
a month
[00:21:00.333]
in health insurance premiums.
[00:21:02.967]
GENE: What legal instruments 
should people with disabilities
[00:21:07.333]
consider having 
or should they have?
[00:21:10.467]
You would rather 
more than consider
[00:21:12.300]
should they really have?
[00:21:14.267]
CLYDE: People with disabilities,
[00:21:15.367]
they design legal documents 
as anyone else.
[00:21:17.767]
Really, 
there's no difference there.
[00:21:19.767]
Everyone needs a will 
or a living trust.
[00:21:24.867]
And that's even 
if you presently don't think
[00:21:27.367]
you have anything, 
anyone could inherit something,
[00:21:30.100]
or win a lawsuit, 
or win the lottery,
[00:21:32.833]
you never know.
[00:21:34.600]
And having that 
can be really valuable
[00:21:36.967]
for whoever may come after you.
[00:21:41.033]
You need financial and medical 
powers of attorney.
[00:21:43.367]
I think that's really 
more important for everyone.
[00:21:45.533]
Whether you have 
disability or not,
[00:21:47.033]
we all potentially 
may have a disability.
[00:21:49.700]
I tell all my clients, 
when I'm talking about this,
[00:21:52.300]
anyone could get hit 
on the head,
[00:21:53.867]
(inaudible) and need someone 
to take care of them.
[00:21:57.533]
And this is your chance 
to avoid the guardianship
[00:22:00.800]
by having the opportunity
to personally appoint
[00:22:04.233]
someone to handle your financial 
and medical decisions
[00:22:07.567]
if you're unable to do that
in sometime in the future.
[00:22:10.900]
And most people want to sign 
a living will
[00:22:13.000]
or a directive to physicians
to say whether or not
[00:22:16.400]
you want life support 
in the event
[00:22:18.267]
of a terminal condition 
or an irreversible condition.
[00:22:21.867]
Now, one more thing 
that specially applies
[00:22:24.267]
to people with disabilities,
[00:22:26.000]
and that is the will or trust 
that your parents have,
[00:22:30.233]
or grandparents or children,
[00:22:32.600]
or whoever you might get 
support from,
[00:22:35.000]
or might get 
an inheritance from.
[00:22:37.133]
If they have a trust 
in their will or living trust,
[00:22:40.867]
then that protects 
your Medicaid benefits
[00:22:44.100]
or other means-tested benefits,
[00:22:46.500]
and that money doesn't have 
to go to the Medicaid program
[00:22:49.933]
after your lifetime.
[00:22:51.833]
But if you inherit 
from someone else,
[00:22:54.267]
the first disadvantage is  
you're gonna have
[00:22:56.000]
to scramble around 
and get a trust set up.
[00:22:58.100]
We can always set up 
a trust of some kind.
[00:23:01.367]
But unless 
it's a very small amount,
[00:23:03.000]
you're gonna need a trust.
[00:23:04.233]
And the second problem is
that trust is gonna have to have
[00:23:07.200]
a payback to Medicaid clause.
[00:23:09.767]
You can avoid that 
payback to Medicaid clause,
[00:23:12.633]
or your parent, or whoever 
is giving you something
[00:23:16.300]
after their lifetime, 
can avoid it
[00:23:18.767]
by contributing to a trust 
directly themselves.
[00:23:23.300]
GENE: It sounds like 
a bit complicated.
[00:23:25.567]
But the bottomline is 
if you think you could inherit
[00:23:28.600]
some money, or somehow come 
into a large amount of money,
[00:23:33.433]
to prevent problems, go ahead 
and see someone like yourself,
[00:23:37.367]
that's not only an attorney
[00:23:39.967]
but a certified 
financial planner
[00:23:42.667]
that can help them 
set up a trust,
[00:23:45.133]
or their parents set up a trust
so that when the time does come,
[00:23:52.367]
the money's transferred, 
you don't lose your benefits.
[00:23:54.900]
CLYDE: Sure. And it doesn't have 
to be complicated.
[00:23:57.233]
Every will I draft has a trust
that says,
[00:23:59.967]
"If anyone is getting 
means-tested benefits
[00:24:02.533]
or they get 
means-tested benefits,
[00:24:04.667]
receives anything under this,
[00:24:06.033]
it goes into a trust."
[00:24:08.267]
And it's a very simple language.
[00:24:11.100]
So, this doesn't have 
to be a big...
[00:24:12.967]
GENE: Well, Clyde, this has 
all been very informative.
[00:24:16.533]
And we have Clyde's 
Web address here,
[00:24:19.633]
in case you want 
to look him up.
[00:24:22.700]
Dave, do we any other questions 
for Clyde other than...
[00:24:28.500]
I guess, you know, 
that one time,
[00:24:30.367]
I used to think 
that if you don't have
[00:24:32.200]
many much assets at all,
you don't need a will.
[00:24:34.667]
But, you know, 
I look around my apartment,
[00:24:37.500]
I've got all sorts 
of equipment and such.
[00:24:40.067]
And I would like to see it 
go to the right places,
[00:24:42.100]
whether it's got profits, 
or you know, when I die,
[00:24:45.000]
or whatever.
[00:24:47.000]
I can see the importance 
of having a will,
[00:24:49.500]
no matter what you've got.
[00:24:52.133]
And certainly, 
medical powers of attorney,
[00:24:55.033]
all that.
[00:24:57.333]
DAVE: Absolutely.
[00:24:58.467]
So, what's the best way 
to get a hold of you?
[00:25:01.533]
CLYDE: My phone number 
is 323-2977.
[00:25:04.300]
DAVE: Okay, just pick up 
the phone
[00:25:05.667]
and give you a call, huh?
[00:25:06.867]
CLYDE: That's right.
[00:25:07.900]
We sound like an infomercial.
[00:25:09.167]
{keyedText:on}[00:25:11.767]
{keyedText:off}{backColor:0,0,0}GENE: Well, thanks again, Clyde.
We appreciate it.
[00:25:14.033]
CLYDE: Thank you very much.
[00:25:16.233]
GENE: That was great for Clyde
to give us his time like that.
[00:25:19.933]
'Cause, I mean, the guy 
is really an expert,
[00:25:23.467]
he's friendly and everything.
[00:25:24.933]
DAVE: Man, he is.
[00:25:25.967]
Every question we answered him,
tried to stump him,
[00:25:27.767]
he definitely had 
a direct answer for all of them.
[00:25:30.600]
And I know that 
if I'm gonna need an attorney
[00:25:32.933]
to draft a will 
or I'm gonna check
[00:25:34.967]
into that 
Medicaid waiver program myself,
[00:25:39.067]
Clyde's gonna be 
at the end of that call
[00:25:40.467]
because he seems to know
[00:25:42.033]
all the ins and outs 
of the systems.
[00:25:44.533]
And, boy, 
it's hard to find somebody
[00:25:46.467]
with that amount of knowledge.
[00:25:48.267]
GENE: Yeah, and you don't want 
to be guessing
[00:25:49.767]
about benefits and income 
and the laws and such.
[00:25:52.533]
It's something you really want 
to talk to an expert about.
[00:25:55.967]
So, we've got to encourage 
everyone out there.
[00:25:59.133]
Make sure you got 
your will in order,
[00:26:01.433]
your medical power of attorney,
all that sort of stuff.
[00:26:04.133]
I know I did.
[00:26:05.833]
And I felt better about that.
[00:26:07.800]
So, look up either Clyde 
or someone like that,
[00:26:11.233]
get that taken care of.
[00:26:12.733]
DAVE: It can definitely 
be confusing.
[00:26:16.733]
Another thing 
that's confusing,
[00:26:18.133]
we've talked about 
the ADA earlier.
[00:26:19.700]
GENE: Oh, yeah.
[00:26:20.700]
DAVE: How confusing it was
[00:26:22.233]
and how helpful Wendy 
and her Web site
[00:26:24.467]
and her organization is.
[00:26:25.867]
But locally here in Austin,
[00:26:28.100]
who handles the ADA 
and makes sure
[00:26:31.767]
that the city of Austin 
is accessible?
[00:26:34.567]
GENE: Well, that would be
our friend, Dolores Gonzalez.
[00:26:37.167]
DAVE: That's right.
We got to sit down with her.
[00:26:39.133]
She is a great person
and definitely a true friend.
[00:26:43.067]
She loves Actual Lives.
[00:26:45.433]
We see her 
almost every show.
[00:26:47.800]
And she's at least 
at one show,
[00:26:49.800]
but a lot of times,
she's at multiple shows.
[00:26:53.867]
Every time a performance 
is being put on,
[00:26:56.600]
she's a true fan 
of Actual Lives.
[00:26:59.433]
And I know that she's also 
a supporter of Knowbility.
[00:27:02.567]
GENE: Uh-hmm.
[00:27:04.100]
DAVE: And just everything
that's accessible for the city,
[00:27:07.300]
Dolores is always there
in that picture
[00:27:09.600]
because she truly loves her job 
and wants to make sure
[00:27:13.733]
that the city of Austin 
is accessible.
[00:27:16.967]
GENE: Exactly.
[00:27:18.933]
Let's chat with Dolores 
and see what we could find out.
[00:27:22.600]
{keyedText:on}[00:27:24.233]
{keyedText:off}{backColor:0,0,0}Good morning, Dolores.
[00:27:25.467]
DOLORES: Hi, Gene.
[00:27:26.467]
GENE: Thanks for having us
here today.
[00:27:28.133]
DOLORES: Sure.
[00:27:29.133]
GENE: Dolores, you're 
the city of Austin
[00:27:31.733]
ADA coordinator, 
is that right?
[00:27:34.200]
DOLORES: That's right.
[00:27:35.600]
GENE: And we're here outside
your beautiful offices here
[00:27:38.600]
at 505 Barton Springs Road.
[00:27:41.667]
Dolores, what do you do
for the city as a coordinator,
[00:27:45.167]
ADA coordinator?
[00:27:47.500]
DOLORES: Well, my job
is to make sure
[00:27:50.233]
that all of the programs 
and services and facilities
[00:27:52.800]
in the city of Austin
are accessible
[00:27:54.767]
to people with disabilities.
[00:27:56.300]
So, I do a variety of things.
[00:28:00.000]
Just to give you 
a little bit of background,
[00:28:02.400]
the law became effective
in January of 1992,
[00:28:06.167]
and I took my position
at that time.
[00:28:09.000]
I was actually appointed
in late 1991.
[00:28:11.733]
So, what we had done
is we assigned
[00:28:16.033]
ADA coordinators 
in all of the departments,
[00:28:18.600]
which is about 
25 different departments.
[00:28:21.667]
What we thought 
is we thought, you know,
[00:28:24.300]
I would be familiar
with ADA,
[00:28:25.933]
they're familiar
with their services.
[00:28:28.033]
So, together, you know,
we would make sure
[00:28:30.500]
that in each 
of the department,
[00:28:33.567]
they were in compliance
with their services.
[00:28:37.667]
GENE: Can you give us 
an example of what you mean?
[00:28:42.233]
DOLORES: Well, let's say 
for example,
[00:28:45.133]
in one of our Health 
and Human Services buildings,
[00:28:50.300]
maybe it's not...
[00:28:52.100]
Maybe they have stairs
and no elevator.
[00:28:55.300]
And somebody wants to go
and conduct business in there.
[00:29:00.033]
Rather than to put 
an elevator in there
[00:29:02.433]
and make it 
completely accessible
[00:29:04.033]
and spend $100,000
on an elevator,
[00:29:06.967]
then what you do 
is if somebody comes in
[00:29:09.600]
that needs that access,
you move the program meeting,
[00:29:12.933]
whatever the circumstances,
service that the person needs
[00:29:16.400]
either to the ground floor
conference room,
[00:29:19.133]
or you go, you know, 
on-site to their home
[00:29:22.600]
to provide the service.
[00:29:24.567]
So, it's really about 
providing the service,
[00:29:26.767]
not necessarily whether 
the building is accessible.
[00:29:30.733]
GENE: Would that also be 
an example of, say,
[00:29:32.333]
of reasonable accommodations?
[00:29:35.200]
DOLORES: Well, 
reasonable accommodations
[00:29:36.933]
are for employees
to do their job.
[00:29:40.767]
So, if somebody,
[00:29:44.933]
one of our employees 
is hired and meets
[00:29:48.700]
a certain accommodation, 
maybe like a piece of software
[00:29:53.400]
that they need to use
on the computer
[00:29:56.100]
so they can enlarge print,
then we can provide that.
[00:29:59.933]
That would be 
a reasonable accommodation.
[00:30:02.667]
GENE: Now, at what point
is that during the day
[00:30:05.867]
can you ask someone
in an interview
[00:30:08.333]
what kind 
of reasonable accommodation
[00:30:10.333]
would you need, or what kind
of disability do you have?
[00:30:14.200]
DOLORES: No, you don't 
really want to do that.
[00:30:16.167]
That's actually illegal 
to do that.
[00:30:18.200]
But what you want to do
is you can say,
[00:30:21.400]
"This is what the job is," 
you know.
[00:30:23.867]
"Can you tell me 
how you would do it?"
[00:30:26.267]
You know, if somebody comes in 
and uses a wheelchair,
[00:30:29.367]
in essence, 
that's self-disclosure.
[00:30:31.833]
And so, it opens up the dialogue 
to talk about it,
[00:30:35.833]
but you don't really wanna ask
about the disability.
[00:30:38.000]
You really wanna know
about the job.
[00:30:40.000]
Can the person do the job?
[00:30:41.633]
How would they do this 
particular function, you know?
[00:30:44.333]
And you can just ask 
a person, you know.
[00:30:46.600]
At the end of it, 
you can say,
[00:30:48.300]
"Is there anything 
that we can do
[00:30:50.633]
that would allow you
to do the job?"
[00:30:52.500]
"Is there any kind of..."
[00:30:53.600]
Well, you can ask about
reasonable accommodation,
[00:30:55.800]
and the person can, you know, 
at that time, can tell you.
[00:31:01.067]
GENE: If someone has an issue 
with access in the city,
[00:31:10.267]
how do they go about
resolving the issue?
[00:31:13.200]
Let's say, first of all,
it's physical access.
[00:31:17.033]
DOLORES: Well, we have 
a 311 number,
[00:31:21.300]
sort of like a 911.
[00:31:23.400]
The 311 is like 
nonemergency numbers.
[00:31:26.933]
And so the operators there have 
some basic information about...
[00:31:30.900]
Like, if, say, for example,
you wanted a curb cut
[00:31:35.367]
in your neighborhood
or to get to your store,
[00:31:38.233]
something like that, 
then you can call 311,
[00:31:41.400]
and there's a direct, 
you know, process,
[00:31:44.733]
whereby they can get
this information
[00:31:46.200]
to the people that do
the curb cuts.
[00:31:48.867]
So, they don't, like, certainly 
have to go through me.
[00:31:50.833]
There are some things 
that are basic, you know.
[00:31:54.100]
We've been complying with ADA
for almost 20 years now.
[00:31:57.533]
So, you know, some things are 
kind of basic information now
[00:32:01.700]
within our system.
[00:32:04.100]
GENE: So, start with 311...
[00:32:05.900]
DOLORES: Start with 311.
[00:32:06.900]
GENE: ...and see 
where that goes.
[00:32:07.967]
DOLORES: Yeah. And if they 
don't know the answer,
[00:32:10.033]
I mean, 
even if they called 311
[00:32:11.800]
'cause that's 
the easiest way to do it,
[00:32:13.367]
they can always refer to me.
[00:32:15.800]
Like, if the 311 operator 
doesn't have a regular process
[00:32:20.133]
for that, 
they will give it to me.
[00:32:22.600]
And I have a Web site,
I have a number,
[00:32:25.467]
I have, you know,
I have e-mail address.
[00:32:29.400]
I can be reached.
I'm reachable.
[00:32:32.467]
GENE: The city of Austin
has been consistently voted
[00:32:37.100]
in the top 3 accessible cities 
in the country every year,
[00:32:41.167]
so I'll give you 
a pat on the back, Dolores.
[00:32:45.967]
DOLORES: It's not 
just me, though.
[00:32:47.600]
Remember my ADA coordinators.
[00:32:49.367]
GENE: And we've got 
a lot of activists, too.
[00:32:51.267]
DOLORES: It's a team.
[00:32:53.867]
That's true.
Oh, absolutely.
[00:32:56.000]
We wouldn't be here
without everybody putting
[00:32:58.267]
their two cents,
absolutely.
[00:33:00.467]
GENE: So, if we continue 
to work together,
[00:33:02.600]
we become hopefully 
more accessible
[00:33:05.167]
and a better Austin 
for everyone.
[00:33:08.533]
DOLORES: Well, I can 
tell you this,
[00:33:10.233]
that, um, we have had 
good support from the top.
[00:33:14.400]
I'm now 
on my fourth city manager,
[00:33:16.933]
seventh mayor,
[00:33:18.767]
and as we know, 
in the disability community
[00:33:22.033]
that, you know, 
it's like 20% of the population
[00:33:25.467]
has some form of disability.
[00:33:27.800]
So, what's really happened
that is kind of been
[00:33:30.033]
in my favor, in a way, 
has been that
[00:33:32.767]
all of those people have had 
some link to disability.
[00:33:36.233]
And so, therefore, 
a family member
[00:33:38.833]
or some knowledge of, 
you know,
[00:33:40.967]
some exposure to it, 
for sure,
[00:33:43.333]
where, you know, it makes it 
real for them, you know.
[00:33:46.767]
Whatever I say,
[00:33:48.267]
they've actually been 
very supportive from the get-go.
[00:33:51.100]
And that, you know,
that's invaluable.
[00:33:54.467]
It really is.
That allows me to do my job.
[00:33:57.133]
I mean, I came 
from an advocacy perspective,
[00:34:00.867]
but now I'm more 
of a compliance officer
[00:34:03.433]
than advocate.
[00:34:06.133]
But, at least, my heart 
is in the advocacy, you know.
[00:34:09.433]
And so it's been very helpful
to have that support.
[00:34:12.933]
Now, you said about 
the accessible, you know...
[00:34:15.833]
We have had 
accessible awards.
[00:34:17.567]
We are named probably 
in the Top 5, for sure, but...
[00:34:22.700]
And even for the size 
of our city,
[00:34:24.833]
it's really remarkable.
[00:34:26.633]
But, you know, 
we're not immune to lawsuits,
[00:34:30.067]
and we've had 
our share of lawsuits.
[00:34:32.600]
And as a result of that, 
basically,
[00:34:35.033]
the city doesn't take 
the approach of, you know,
[00:34:39.467]
"How do we 
get around this?"
[00:34:40.800]
Or "What's the least amount
that we have to do to comply?"
[00:34:44.667]
It's more like, 
"How can we make this right?
[00:34:48.000]
How can we make this right?"
[00:34:49.200]
And so, we always settle...
[00:34:50.433]
You know, 
here comes the lawsuits.
[00:34:52.400]
Our friends from ADAPT
have filed several lawsuits.
[00:34:56.400]
One lawsuit yielded
the Visitability Ordinance,
[00:34:59.833]
which we're familiar with,
you know, where it provides
[00:35:02.567]
five different basic features
of accessibility
[00:35:05.600]
to all the homes
that are built.
[00:35:06.900]
GENE: Oh, right.
Right, yes.
[00:35:08.100]
DOLORES: It primarily 
is for publicly built houses,
[00:35:12.100]
like houses that we build.
[00:35:14.033]
But we've actually expanded that 
with some incentives
[00:35:18.800]
for the private builders 
to build homes with visitable...
[00:35:23.567]
They're not 
completely accessible,
[00:35:25.133]
but, you know, 
it's a good start.
[00:35:26.300]
GENE: Yeah, visitable...
[00:35:28.533]
DOLORES: I do put out 
a report every year
[00:35:30.567]
that kind of talks about
all of the different things
[00:35:32.467]
that we do 
throughout the city,
[00:35:34.167]
where, like, 
the new curb cuts are,
[00:35:36.533]
you know, 
the new libraries.
[00:35:38.333]
You know, just anything 
that's new about accessibility
[00:35:40.667]
is in this report.
[00:35:42.067]
I do have it online, too.
It's on my Web site.
[00:35:44.300]
And I'm happy to provide
a copy to anybody.
[00:35:47.200]
GENE: And that Web address is...
[00:35:49.633]
DOLORES: It's under
the cityofaustin.org/ada.
[00:35:54.200]
GENE: Very good.
[00:35:55.433]
We'll make sure 
that's on the Web site.
[00:35:57.167]
{keyedText:on}[00:35:59.600]
{keyedText:off}{backColor:0,0,0}DAVE: Well, Dolores definitely 
knows about accessibility.
[00:36:01.967]
GENE: Isn't she great?
[00:36:02.967]
DAVE: The thing 
I like about her
[00:36:04.000]
is definitely, 
everybody is her friend,
[00:36:06.200]
even the rights activists
that come out and call her
[00:36:09.900]
and hound her everyday
about the curb cuts in the city
[00:36:13.933]
and being able 
to get on the bus.
[00:36:16.033]
She's definitely 
a friendly ear
[00:36:18.233]
that listens to people 
on all of those
[00:36:21.400]
and to be able to call, 
you know,
[00:36:23.633]
our friends at ADAPT 
her friends, as well,
[00:36:27.400]
just really says a lot
about Dolores.
[00:36:31.033]
GENE: And she's 
something else, really,
[00:36:32.933]
that's why we like Dolores.
[00:36:34.800]
DAVE: Well, you like Dolores
[00:36:36.033]
'cause she does your beads
on your hair.
[00:36:37.300]
GENE: That's... Yes.
Thank you for announcing.
[00:36:39.433]
She did a great job 
on my beads.
[00:36:43.000]
You know, Dave,
every episode,
[00:36:45.200]
we like to include a segment
of actual lives,
[00:36:47.667]
which is how you and I 
got started on the show.
[00:36:50.700]
And this show is no different.
We're gonna...
[00:36:55.300]
We're lucky today to have 
Regina Blye with us,
[00:36:59.000]
who's gonna do her rendition 
of "If I Were Free."
[00:37:06.033]
{keyedText:on}[00:37:07.900]
{keyedText:off}{backColor:0,0,0}This is an old Etta James tune, 
you might recognize.
[00:37:11.800]
And Etta James was also black,
and she also had disability.
[00:37:15.900]
So, I can see 
how the two relate there.
[00:37:19.400]
But time to sit back
and enjoy Regina's singing.
[00:37:23.500]
{keyedText:on}[00:37:24.900]
{keyedText:off}{backColor:0,0,0}(applause)
[00:37:27.833]
{keyedText:on}[00:37:30.400]
{keyedText:off}{backColor:0,0,0}(piano playing)
[00:37:36.233]
I was 10, tall for my age,
[00:37:38.767]
athletic 
with big chunky cheeks
[00:37:40.900]
and ponytails in my hair.
[00:37:42.833]
I had just been selected
as an all-star
[00:37:45.567]
on the Little Dribbles
Basketball team,
[00:37:47.967]
I remember the crowds
and dribbling that ball.
[00:37:50.967]
It was like a dance. 
I was free then.
[00:37:54.133]
I was a little girl
in my own world.
[00:37:57.500]
I would give anything
to recapture that moment.
[00:38:00.700]
But until then, 
I have to wonder
[00:38:03.000]
how it feels to be 
just that free again.
[00:38:06.733]
(piano playing)
[00:38:11.300]
 I wish I knew how 
it would feel to be free 
[00:38:20.033]
 I wish I could break 
all the chains holding me 
[00:38:28.867]
 I wish I could say 
all the things I should say 
[00:38:36.767]
 Say 'em loud 
say 'em clear 
[00:38:41.133]
 For the whole round world 
to hear 
[00:38:46.767]
 I wish I could share 
[00:38:50.100]
 All the love 
that's in my heart 
[00:38:55.067]
 Remove all the bars 
that keep us apart 
[00:39:03.367]
 I wish you would know 
what it means to be me 
[00:39:11.533]
 Then you would and agree 
every man should be free 
[00:39:21.033]
 I wish I could give 
all I'm longin' to give 
[00:39:30.233]
 I wish I could live 
like I'm longin' to live 
[00:39:38.767]
 I wish I could do 
all the things I can do 
[00:39:46.800]
 And though I'm way overdue 
I'll be starting anew 
[00:39:55.867]
 Well, I wish I could be 
like a bird in the sky 
[00:40:05.067]
 How sweet it would be 
if I found I could fly 
[00:40:13.500]
 Oh, I'd soar to the sun 
and look down at the sea 
[00:40:22.033]
 And I'll sing 
'cause I know that 
[00:40:25.433]
{keyedText:on}[00:40:26.433]
{keyedText:off}{backColor:0,0,0} And I'll sing 
'cause I know that 
[00:40:29.833]
{keyedText:on}[00:40:30.833]
{keyedText:off}{backColor:0,0,0} And I'll sing 
'cause I know that 
[00:40:35.333]
 Yes, I know
Yes, I know 
[00:40:43.733]
 Yes, I know, I know 
[00:40:48.300]
 Yes, I know, I know 
Yes, I know, I know 
[00:40:56.833]
 What it feels 
to be free 
[00:41:03.467]
GENE: Now, Regine...
[00:41:04.467]
DAVE: Great song.
[00:41:05.667]
GENE: Yes, it's a great song, 
and Regina is very talented.
[00:41:08.633]
I mean, I can listen to that
over and over again.
[00:41:11.000]
But, Dave, I do want to take 
this opportunity
[00:41:13.867]
to talk a little bit 
about civil rights.
[00:41:16.967]
You and I have spent
our time on the line.
[00:41:20.067]
We've adapted 
protests and such.
[00:41:22.533]
Civil rights 
been a part of our life.
[00:41:24.833]
But you know, I hear 
all this talk about Rosa Parks.
[00:41:27.867]
But she was not 
a civil rights activist.
[00:41:30.433]
When I think 
of a civil rights leader,
[00:41:33.233]
I think of someone 
that openly embraces
[00:41:36.433]
the concept of civil rights,
[00:41:39.267]
and with such a passion
[00:41:41.467]
that other people 
willingly follow them.
[00:41:44.100]
But Rosa Parks,
[00:41:46.067]
the story on hers, 
what happened was
[00:41:48.167]
it was 1955 
in Montgomery, Alabama.
[00:41:51.267]
She gets on a bus,
[00:41:52.733]
and at that time, 
it was a practice for blacks
[00:41:55.467]
to sit in the back of a bus.
[00:41:57.667]
They asked her to move.
They told her to move.
[00:41:59.933]
She wouldn't do it.
[00:42:01.233]
It was not because
she was making a protest.
[00:42:04.167]
She was just so tired.
She was so doggone tired.
[00:42:07.000]
She just refuses to...
[00:42:08.100]
DAVE: Just popped down
right there on the front.
[00:42:10.233]
GENE: Exactly.
[00:42:11.233]
DAVE: Yeah.
[00:42:12.700]
GENE: And people said,
[00:42:14.267]
"Oh, you're a civil rights 
leader."
[00:42:15.900]
She said, "No, I don't want
to get involved in that.
[00:42:18.400]
Please leave me alone."
[00:42:19.867]
But they finally dragged her 
into it, and, uh...
[00:42:22.700]
Well, you know, 
I'm thankful that she did,
[00:42:25.933]
that she did acquiesce
to the wishes.
[00:42:28.067]
But if you really want 
to find out
[00:42:30.900]
what leaders are about,
[00:42:32.433]
particularly 
in the Civil Rights Movement,
[00:42:35.300]
that book you have there,
"Let the Trumpet Sound,"
[00:42:38.433]
is about Martin Luther King
[00:42:40.600]
and the Southern Baptist 
Leadership Conference and such,
[00:42:45.733]
you'll find all about leaders of 
the Civil Rights Movement there.
[00:42:50.500]
DAVE: Gene, 
it looks like this book
[00:42:52.733]
is well-read by you 
because it looks like
[00:42:56.267]
it's been there and back
a few times.
[00:42:59.000]
So, I can tell 
this is one that you keep
[00:43:01.867]
in your back pocket
[00:43:03.233]
and take with you 
all the different places.
[00:43:05.433]
GENE: It really is, yeah.
[00:43:06.800]
(indistinct)
[00:43:08.233]
'cause we learn 
a lot of civil rights...
[00:43:10.400]
About civil rights
by Martin Luther King.
[00:43:13.033]
DAVE: Alright.
Thanks for sharing this.
[00:43:15.133]
GENE: Sure.
[00:43:17.233]
{keyedText:on}[00:43:18.733]
{keyedText:off}{backColor:0,0,0}GENE: There's a, you know... 
You, I remember you doing a...
[00:43:22.467]
Providing a beat to a young man
who was doing some rap
[00:43:27.667]
in a natural lights...
[00:43:29.867]
Actual live performance.
[00:43:31.333]
DAVE: It's really too bad
that you've lost that clip.
[00:43:34.733]
(laughter)
[00:43:35.733]
GENE: Thanks for reminding
our audience.
[00:43:38.600]
But his father is an attorney,
and we spoke with him.
[00:43:44.167]
And that was Garth Corbett.
[00:43:47.333]
Yeah.
[00:43:48.667]
And you know, incidentally,
we have free resource out there.
[00:43:52.500]
People...
[00:43:53.867]
You'll find out this information
in our Web site.
[00:43:56.900]
Please go to it.
[00:43:58.733]
And call these people 
if you have any questions
[00:44:01.233]
'cause they're amenable to it.
[00:44:03.900]
So, let's hear what Garth 
had to say about Advocacy, Inc.
[00:44:09.767]
{keyedText:on}[00:44:11.033]
{keyedText:off}{backColor:0,0,0}We're here today 
with Garth Corbett
[00:44:13.700]
from Advocacy, Inc.
[00:44:16.600]
Garth, can you give us 
an overview
[00:44:18.767]
of Advocacy, Inc. is, 
what it does
[00:44:21.433]
and what it means 
to folks with disabilities?
[00:44:23.633]
GARTH: Sure.
[00:44:24.700]
I'm a senior attorney
with Advocacy, Inc.
[00:44:26.933]
I've worked for Advocacy, Inc.
for about 20 years.
[00:44:31.900]
And what the agency does,
what Advocacy, Inc. is about
[00:44:36.733]
is it gets its funding
from the Federal Government,
[00:44:41.167]
and it's presumed 
to Federal legislation.
[00:44:44.633]
It got passed 
back in the mid-1970s.
[00:44:48.167]
And what it does is it provides 
legal services and assistance,
[00:44:52.467]
as well as advocacy
[00:44:54.567]
for persons 
with developmental disabilities,
[00:44:58.067]
intellectual, uh...
[00:44:59.800]
Developmental disabilities 
in the standpoint
[00:45:02.000]
of related conditions.
[00:45:03.833]
That could be someone 
with cerebral palsy
[00:45:05.767]
or spina bifida.
[00:45:07.200]
Somebody with 
an intellectual disability
[00:45:09.400]
and someone who is a person
with mental illness.
[00:45:14.200]
And in addition to that,
[00:45:16.700]
Congress, 
within the last few years,
[00:45:19.367]
also incorporated 
individuals who, uh...
[00:45:24.067]
What they call...
[00:45:26.033]
Who acquire a disability
after the age of 21.
[00:45:30.533]
They're also covered 
under the protections
[00:45:33.333]
of federal law.
[00:45:35.800]
When the law 
was originally passed,
[00:45:37.600]
it was designed for individuals 
with developmental disabilities,
[00:45:40.533]
which means you have to have 
a disability that occurs
[00:45:43.600]
and has a significant effect
in your ability
[00:45:46.367]
to do certain life activities
prior to the age of 21.
[00:45:51.100]
And over the years, 
Congress has amended that
[00:45:53.600]
so that individuals 
who acquire disabilities
[00:45:56.667]
after the age of 21
also are covered.
[00:46:00.067]
And what that enables 
our agency to do
[00:46:03.167]
is to assist people
[00:46:04.767]
who believe that 
they're discriminated against,
[00:46:06.767]
for example, an employment,
[00:46:08.500]
to utilize our services 
so that we can represent them
[00:46:11.833]
either in terms 
of trying to get a job
[00:46:14.733]
if they were denied 
in the application process,
[00:46:17.367]
or if they already have a job,
and they want to keep it
[00:46:21.300]
in order to get 
a reasonable accommodation
[00:46:23.633]
for example, 
out of the employer,
[00:46:25.367]
so that they can continue
to do what they're doing,
[00:46:28.367]
but may need a modification
[00:46:30.367]
because either they've acquired
an additional disability
[00:46:33.233]
or have recently become 
disabled.
[00:46:37.133]
So, it gives us to help...
[00:46:38.833]
It gives us the opportunity
to help people
[00:46:41.033]
in the area of employment.
[00:46:43.133]
We also do issues related 
to public transportation.
[00:46:47.533]
Many people with disabilities,
[00:46:49.233]
their only means of access
in terms of public,
[00:46:51.967]
or transportation, rather,
is public transit.
[00:46:55.000]
And we have been involved
in a couple of cases
[00:46:59.067]
that have tried to make 
the services
[00:47:01.400]
that public bus companies, 
for example, provide,
[00:47:06.833]
and transit agencies provide,
[00:47:09.067]
to be more responsive 
to persons with disabilities.
[00:47:13.333]
And for example, that can mean 
being more flexible
[00:47:16.633]
in terms of where a person 
is picked up
[00:47:19.133]
as it relates to their house,
[00:47:21.100]
in terms of 
dropping individuals off.
[00:47:23.367]
That they try to drop them off
as close as they possibly can
[00:47:26.933]
to the place 
that the person needs to go.
[00:47:29.867]
Related to allowing 
attendants on the bus,
[00:47:33.100]
service animals.
[00:47:34.500]
We've had 
the whole variety of issues
[00:47:36.567]
related to public transit.
[00:47:38.300]
Probably the most important is,
as it relates to Paratransit,
[00:47:42.667]
is the ability of people 
to access Paratransit services
[00:47:46.667]
in a simple, easy way.
[00:47:49.433]
And it can do it 
within at least 24 hours
[00:47:52.900]
of when they need 
to go someplace.
[00:47:55.100]
That has been an ongoing issue
for many of our clients,
[00:47:59.600]
is that they have 
a very difficult time
[00:48:01.767]
accessing public transit
in a meaningful way.
[00:48:05.133]
That is, they might get 
a ride time,
[00:48:07.367]
but it's not the time
that they need,
[00:48:09.567]
or if, in fact, 
they're lucky enough
[00:48:11.500]
to get the ride time 
that they need,
[00:48:13.700]
the bus doesn't show up
at the scheduled time.
[00:48:16.700]
Either it shows up 
much too early,
[00:48:18.967]
or it shows up 
after the scheduled time,
[00:48:22.200]
and the individual misses
their appointment.
[00:48:24.767]
So, there are...
[00:48:26.033]
In the area of public transit,
these are ongoing issues
[00:48:28.900]
that we can't resolve 
informally.
[00:48:32.100]
Sometimes we resolved
in litigation.
[00:48:35.567]
The other area 
that Advocacy is involved
[00:48:39.567]
and devotes a significant amount 
of time and resources to
[00:48:42.633]
is special education issues.
[00:48:44.900]
That is for children 
and young adults
[00:48:47.567]
who are in the grade school, 
elementary,
[00:48:51.367]
middle school 
and high school categories
[00:48:55.167]
in terms of 
educational services.
[00:48:57.867]
Many of our clients 
are in special ed,
[00:49:01.567]
that is, that they're not, 
for the most part,
[00:49:04.733]
attending regular classes.
[00:49:06.333]
They get mainstreamed for...
[00:49:08.133]
And mainstream is a term 
where they are actually able
[00:49:11.233]
to participate 
with individual students
[00:49:14.767]
who don't have disabilities.
[00:49:16.767]
But their experience 
is generally limited
[00:49:18.967]
to things like lunch,
sometimes PE,
[00:49:22.633]
you know, certainly, assembly.
[00:49:24.833]
But what we try to do is get 
these particular individuals
[00:49:28.467]
included in regular classes
with assistance
[00:49:31.500]
so that they are mainstreamed 
to the maximum extent
[00:49:35.800]
that we're able to do 
in terms of accommodating them
[00:49:39.133]
in a regular classroom 
situation.
[00:49:41.133]
Also involves getting 
additional services for them.
[00:49:43.600]
It can mean a wheelchair.
[00:49:45.400]
It can mean 
a speech-generating device.
[00:49:47.467]
It can mean a notetaker.
It can mean an aide.
[00:49:50.233]
It can mean 
a whole variety of things,
[00:49:52.433]
and we devote
in modifying the curriculum.
[00:49:55.833]
So that the student,
[00:49:57.500]
if they have 
a particular disability,
[00:50:01.300]
like, say, dyslexia
where they have problems
[00:50:04.867]
reading written material.
[00:50:06.433]
One of the things 
the school would have to do
[00:50:09.167]
would be to provide someone
who could, for example,
[00:50:11.833]
read the test question to them
or read class material to them.
[00:50:15.700]
Many of the clients 
that we represent
[00:50:17.767]
need additional time
in test-taking
[00:50:19.867]
or need to take tests
in a different way.
[00:50:22.533]
Instead of, perhaps,
an essay format, they might,
[00:50:25.933]
because of the disability,
[00:50:28.467]
ask that modification be made 
to the curriculum,
[00:50:31.500]
and they could do it 
in a multiple-choice format.
[00:50:34.267]
There are whole hosts 
of modifications,
[00:50:37.267]
as long as they can be justified
by training professionals.
[00:50:41.533]
And oftentimes, it's considered 
best practices, anyway,
[00:50:44.733]
as it relates to a person
with disabilities,
[00:50:47.100]
that we ask the school,
high school,
[00:50:51.200]
to make a modification
accordingly.
[00:50:54.333]
One thing in the area 
of education, you know,
[00:50:57.233]
that I wanna be clear on,
is special ed
[00:50:59.867]
which is special education.
[00:51:02.300]
It's under the Individuals 
with Disability Education Act.
[00:51:04.833]
That's a separate federal law.
[00:51:06.767]
For example, Section 504,
the Rehabilitation Act,
[00:51:10.333]
which students 
who have disabilities
[00:51:14.400]
also are able to access
[00:51:16.700]
in terms of getting 
accommodations
[00:51:18.667]
to school services.
[00:51:20.667]
The IDEA, the Individuals 
with Disability Education Act,
[00:51:24.800]
is much more comprehensive
[00:51:26.833]
and provides a much more array 
of protections
[00:51:30.200]
in terms of due process.
[00:51:32.800]
If you're a student 
with a significant disability,
[00:51:36.100]
and you fall under 
the protections of that law,
[00:51:39.233]
under 504, you do have 
many of the same protections
[00:51:43.233]
in terms of a school is supposed 
to ensure that a person
[00:51:46.533]
receives services in the least 
restrictive environment.
[00:51:49.433]
But oftentimes, individuals 
who qualify for 504
[00:51:52.300]
don't have an intellectual 
defect, uh, deficit.
[00:51:55.033]
They have a physical disability
that limits their ability
[00:51:59.400]
to do things in the same way
that other enabled students
[00:52:02.433]
in class 
are able to do things.
[00:52:04.600]
So, the best example is 
if you had someone, let's say,
[00:52:09.400]
who had a significant 
visual impairment.
[00:52:12.500]
A modification might be
for certain written materials
[00:52:15.500]
to be put in Braille form.
[00:52:17.767]
That would be an obligation,
for example, at school
[00:52:20.367]
or a junior college
or a university.
[00:52:22.767]
Or an employer, for that matter,
would have to consider doing
[00:52:27.400]
because, in most cases,
putting materials
[00:52:31.333]
that are available to people 
who don't have disabilities
[00:52:34.033]
in a format that a person 
with a disability can use
[00:52:37.700]
is something the law
generally requires.
[00:52:41.300]
The other big area that 
Advocacy, Inc. is involved in
[00:52:46.467]
has to do 
with institutional services.
[00:52:48.467]
That is, people 
who are in state,
[00:52:50.400]
what they used to call 
state schools,
[00:52:52.333]
now in the State Supported 
Living Centers
[00:52:54.267]
for persons 
with intellectual disabilities,
[00:52:56.000]
as well as nursing homes.
[00:52:58.633]
We try to ensure 
that individuals
[00:53:01.467]
in institutional settings
[00:53:03.233]
have the opportunity
to move out
[00:53:05.367]
and move into their least 
restrictive environments.
[00:53:08.167]
We try to get 
community placements for them
[00:53:11.600]
through what they call
Medicaid Waiver Programs
[00:53:15.567]
as often as we can.
[00:53:17.833]
The other Medicaid area-related
[00:53:19.667]
that we do 
quite a bit of work in
[00:53:22.133]
is people who are getting 
Medicaid services.
[00:53:25.300]
For example, let's say, 
an individual in a nursing home
[00:53:28.733]
needs a power wheelchair,
[00:53:31.600]
and they apply 
for a power wheelchair.
[00:53:34.400]
And Medicaid, 
the state Medicaid agency
[00:53:36.400]
were to say no,
[00:53:37.567]
or the nursing home
[00:53:39.433]
didn't enable the person 
to apply.
[00:53:42.533]
Didn't, you know, ensure 
that the occupational therapist
[00:53:46.867]
came to the nursing home
to do the evaluations,
[00:53:49.400]
so the paperwork can be done
[00:53:51.267]
to ensure the person gets
the wheelchair
[00:53:53.200]
in the event they were found 
eligible for it.
[00:53:56.400]
What we have done over 
the last eight or nine years
[00:54:00.000]
is try to expand services 
to people with intellectual
[00:54:02.833]
and physical disabilities
in institutions.
[00:54:05.300]
So, in the wheelchair example,
[00:54:07.100]
Texas, up until 
about a year ago,
[00:54:09.500]
do not provide power wheelchairs
for persons in institutions,
[00:54:13.067]
in particular, 
nursing facilities,
[00:54:15.667]
but now they do.
[00:54:17.367]
So, and that's due 
to the advocacy
[00:54:19.867]
of Advocacy, Inc., as well 
as other advocacy agencies.
[00:54:24.800]
Like, the Southern 
Disability Law Center
[00:54:26.933]
is another advocacy organization
that advocates
[00:54:31.200]
and works on behalf
of persons with disabilities.
[00:54:33.767]
And because of advocacy, 
people are able now to access
[00:54:37.767]
additional Medicaid services,
[00:54:40.133]
wheelchair being one example,
[00:54:41.833]
speech-generating devices
is another,
[00:54:44.567]
that in the past 
they weren't able to do.
[00:54:47.767]
So, one of our mandates
and one of our priorities
[00:54:50.833]
is to ensure that people
in institutions get access
[00:54:53.733]
to those services
that they're entitled to
[00:54:56.267]
under Medicaid.
[00:54:57.833]
Of course, provided
they're Medicaid-eligible.
[00:55:01.000]
The other Medicaid-related issue
[00:55:03.733]
that we do 
quite a bit of work in
[00:55:06.467]
relates to children
[00:55:08.200]
who have significant 
physical disabilities
[00:55:10.133]
and are aging out
[00:55:12.367]
of what they call 
the EPSDT Program,
[00:55:15.867]
which is the children's 
Medicaid program.
[00:55:18.367]
Under children's Medicaid,
[00:55:20.300]
at any state in the Union,
you can get
[00:55:24.100]
just about any service,
any medical service
[00:55:26.233]
that a child 
under the age of 21 needs.
[00:55:29.400]
When they become an adult,
the array of services
[00:55:31.967]
goes down quite dramatically.
[00:55:33.633]
DAVE: Oh, man.
[00:55:34.800]
GENE: We wanna thank our guest,
and before we go to Dave,
[00:55:38.067]
I wanted to mention 
that also on our Web site,
[00:55:40.833]
we have a book 
called "Speak Out."
[00:55:43.067]
This was done 
by the Information Technology
[00:55:45.933]
Technical Assistance
and Training Center,
[00:55:49.433]
I believe, in Georgia.
[00:55:51.867]
This was done years ago.
[00:55:54.633]
They have the copyright,
but they said,
[00:55:56.767]
"Please share it with people."
[00:55:58.867]
They're no longer in business.
They're no longer funded.
[00:56:02.100]
But the book has information 
on how to make complaints,
[00:56:06.900]
has information about Rehab Act, 
Communications Act, ADA.
[00:56:11.433]
It's all helpful stuff,
so please take a look at it.
[00:56:14.800]
{keyedText:on}[00:56:16.800]
{keyedText:off}{backColor:0,0,0}Well, I'm gonna go.
It's been a good show.
[00:56:19.667]
DAVE: Yes. Man, I'm tired.
[00:56:22.700]
That's a lot of information
to soak in.
[00:56:25.500]
So, if you missed anything,
please, go to the Web site.
[00:56:29.800]
The episode is on the Web site,
as well as all the information
[00:56:33.933]
that we talked about 
in text formats
[00:56:36.767]
with links and phone numbers
[00:56:39.067]
and anybody that you want 
to see or talk to.
[00:56:42.767]
Please feel free to go
to the Web site.
[00:56:45.600]
And also, always remember 
to tell them
[00:56:48.367]
that "The Dave and Gene Show"
sent you.
[00:56:51.133]
GENE: I thought it was 
"The Gene and Dave Show."
[00:56:53.867]
DAVE: Oh, I messed 
that up again.
[00:56:56.567]
GENE: That's okay.
[00:56:57.767]
We'll fix that 
in postproduction.
[00:57:00.633]
So long, folks.
[00:57:01.867]
DAVE: Thanks for watching.
[00:58:08.333]