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What Are People with Disabilities Entitled To?

Published in Disability Rights and Benefits 5 mins read

People with disabilities are entitled to a wide range of rights, protections, and supports designed to ensure their full and equal participation in society. These entitlements cover various aspects of life, from legal protections against discrimination to financial assistance, healthcare, education, and employment opportunities.

Fundamental Rights and Protections

At the core of entitlements for people with disabilities are civil rights laws that prohibit discrimination and mandate equal access.

  • Americans with Disabilities Act (ADA): This landmark civil rights law ensures that people with disabilities have the same opportunities as everyone else. It prohibits discrimination in several key areas:
    • Employment: Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship.
    • State and Local Government Services: Public entities must make their programs, services, and activities accessible.
    • Public Accommodations: Businesses and non-profit service providers that are open to the public (e.g., restaurants, hotels, stores) must comply with accessibility standards.
    • Telecommunications: Provides requirements for telephone and internet services to be accessible.
  • Individuals with Disabilities Education Act (IDEA): This federal law ensures that children with disabilities receive a Free Appropriate Public Education (FAPE) tailored to their unique needs. This includes:
    • Individualized Education Programs (IEPs): Written plans developed for each student with a disability to outline their educational goals and the services they will receive.
    • Related Services: Such as speech therapy, occupational therapy, and counseling, necessary for the child to benefit from special education.
  • Fair Housing Act: Prohibits discrimination in housing based on disability, requiring landlords to make reasonable accommodations to allow people with disabilities to use and enjoy a dwelling, and mandating certain accessibility features in new construction.
  • Rehabilitation Act of 1973 (Section 504): Prohibits discrimination on the basis of disability by federal agencies, in programs or activities receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors.

Financial and Healthcare Support

Several federal programs provide vital financial assistance and healthcare coverage, significantly aiding people with disabilities in managing living expenses and medical needs.

  • Federal Disability Programs: Programs such as the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are among the largest federal initiatives that provide financial assistance. SSDI is for those who have worked and paid Social Security taxes, while SSI is a needs-based program for individuals with limited income and resources.
  • Healthcare Coverage:
    • Medicare: Individuals receiving SSDI for a certain period are typically eligible for Medicare.
    • Medicaid: Many SSI recipients automatically qualify for Medicaid, providing essential healthcare services.
  • Assistance for Daily Living: Depending on eligibility and state programs, individuals may be entitled to support for personal care, assistive technology (e.g., wheelchairs, communication devices), and modifications to their homes to enhance accessibility.

Accessible Environments and Services

People with disabilities are entitled to equal access to physical environments and information.

  • Physical Accessibility: This includes ramps, elevators, accessible restrooms, designated parking spaces, and curb cuts to ensure buildings and public spaces are navigable.
  • Transportation: Public transportation services must be accessible, offering features like lifts on buses and accessible seating on trains.
  • Information and Communication: Entitlements include access to information through alternative formats (e.g., Braille, large print, audio) and effective communication methods (e.g., sign language interpreters, accessible websites).

Employment Opportunities and Accommodations

The right to work and reasonable accommodations in the workplace are critical entitlements.

  • Reasonable Accommodations: Employers are required to make necessary adjustments to job duties or the work environment to allow qualified individuals with disabilities to perform essential job functions. Examples include modified work schedules, specialized equipment, or reassignment to a vacant position.
  • Vocational Rehabilitation Services: State-run vocational rehabilitation agencies offer services like job training, counseling, and placement assistance to help individuals with disabilities prepare for, obtain, and retain employment.
  • Work Incentives: Federal programs offer incentives that allow individuals receiving disability benefits to work without immediately losing their benefits, encouraging self-sufficiency.

Educational Equality

Access to quality education is a fundamental entitlement for individuals with disabilities across all age groups.

  • Inclusive Education: The right to be educated alongside their non-disabled peers to the maximum extent appropriate, often in general education classrooms with necessary supports.
  • Accommodations in Higher Education: Colleges and universities are required to provide reasonable accommodations, such as extended time on tests, note-takers, or accessible course materials, to ensure equal access to education.

Key Entitlements at a Glance

To summarize, here's a quick overview of what people with disabilities are entitled to:

Category Entitlement Example
Civil Rights Non-discrimination in employment, public services, accommodations, housing An employer providing a flexible work schedule; a restaurant with a ramp.
Financial Support Federal disability benefits (SSDI, SSI) Monthly payments to help cover living expenses.
Healthcare Medicare, Medicaid Coverage for doctor visits, hospital stays, and prescriptions.
Education Free Appropriate Public Education (FAPE), reasonable accommodations An IEP for a K-12 student; extended time on exams for a college student.
Accessibility Physical access, accessible transportation, communication access Wheelchair ramps in buildings; bus lifts; sign language interpreters.
Employment Reasonable accommodations, vocational rehabilitation services Modified equipment at work; job training programs.