Three Bills Currently in Congress That Have the Potential to Dramatically Improve Disabled People's Lives

Sometimes, it can seem like federal laws passed in Congress are so big and broad they don't directly impact individual citizens. In contrast, local laws can have a more direct impact. And to some extent, I think that is true.

However, there are currently three bills in Congress that, if passed, have the potential to improve the lives of disabled people in significant ways. The laws involve disability benefits, travel, and employment. All would correct injustices in current statutory law.

Supplemental Security Income Restoration Act (S. 2065/H.R. 3763)

As stated in the legislation's opening text: The purpose of this bill is to amend title XVI of the Social Security Act to update eligibility for the supplemental security program and for other purposes.

The Supplemental Security Income (SSI) is a Federal income supplement program funded by general tax revenues (not Social Security taxes). Its purpose is to help aged, blind, and disabled people who have little or no income. It also provides cash to meet basic needs for food, clothing, and shelter.

Unfortunately, the current regulations of SSI law are terribly out of date. The income levels are actually below the poverty level. Stipulations of current law do not allow SSI recipients to retain assets, monetary or not, have other meaningful income resources, or in-kind family support. All of these things significantly disincentivize disabled people from working if they are able and keep them in a vicious cycle of poverty. Also, for many disabled people, the component of their Medicaid health coverage and any in-home support services they receive are just as valuable, if not more than their actual cash benefit. Many of the amendments of this Restoration Act would raise income benefits, exclude assets, and reverse the so-called "marriage penalty." 

Specifically, the Restoration Act will:

• Increase the current maximum monthly SSI benefit from $794 per month to at least 100% of the poverty level.

• Increase the amount of assets SSI recipients can have and remain eligible for the benefit, from the current $2,000 up to $10,000 for individuals and $3,000 up to $20,000 for married couples.

• Increase the amount of income SSI recipients earn and remain eligible for the benefit, up to $399 per month from working and $123 per month from other income sources.

Part of the challenge with getting this bill the attention it needs is that many people don't even know about the current law. Only until a person finds themself or a family member suddenly disabled and needing benefits will they realize how financially archaic and punitive the program is. This legislation is not perfect, and advocates would like more reforms. I, however, think this is a good first start. I would rather have a bill that has a good chance of bipartisan support to pass. The notion that disabled people don't deserve a good quality of life, financially and in all aspects of daily life, is absurd. Being poor should not be a prerequisite or a (un)intended consequence of being disabled.

Air Carrier Access Amendment Act (S. 642)

I'm just going to say it: traveling with a disability can be a traumatizing event. And for those disabled travelers who have experienced having their wheelchairs broken, their equipment lost, or even been kicked off a flight for no apparent reason, every flight after that is a traumatic event. The Air Carrier Access Amendment Act would be a significant step toward empowering disabled travelers by protecting their rights, hopefully making travel a more accessible and pleasurable experience.

The specific provisions include: 

• Airline Passengers With Disabilities Bill of Rights

• Advisory Committee on Disability at the Department of Transportation

• Better Stowage Options for Assistive Devices

• Safe & Effective Boarding & Deplaning Process

• Increased penalties for damaged wheelchairs/mobility aids or bodily injuries and allowing air travelers to sue in court to recover damages

• Higher standards airport and airline employee training regarding accessibility and safety of disabled travelers.

A meaningful and statutory restitution process for disabled travelers is something that is desperately needed in this country. Airlines need to be held responsible when they don't honor their promises to transport disabled people and our belongings safely and intact, just as they would any non-disabled traveler. The current system is discriminatory, harmful, and very expensive. Expensive because when an airline loses or damages our mobility devices, for example, replacement compensation is rarely adequate. Should this law pass, traveling will still be a perilous adventure for disabled travelers as we navigate this highly ableist world. All the more reason we need the policies and rule changes of the ACAAA now.

Transformation to Competitive Integrated Employment Act (H.R. 2373)

A fun aspect of writing these blog posts every week is that I research different topics of disabled life and write about them. Even though I like to consider myself knowledgeable about a broad array of disabled issues, I still always learn something new. That is certainly the case with this proposed law, also referred to as the "TIME Act."

At issue is, employers who have a 14(c) Certificate are allowed to pay disabled employees less than minimum wage. In other words, think sheltered workshop. The introductory text of the TIME Act specifically reads: (quote)

To assist employers providing employment under special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 in transforming their business and program models to models that support individuals with disabilities through competitive integrated employment, to phase out the use of such special certificates, and for other purposes.

While it is less and less the case that employers are paying disabled workers sub-standard wages, the fact that any disabled person would be paid pennies on the dollar for any labor is ridiculous. And yet ableist and discriminatory attitudes about the perceived value of disabled work justifies such meager pay because that is what their work product "deserves" or "is worth."

I realize the intersection of employment and disability can be complex. The act of providing lawful accommodations and rights for both the employer and employee requires thoughtful consideration. Typically, "one-size-fits-all" approaches to disability policy can have the most unintended adverse outcomes. Additionally, things start to go sideways when the quality of the work disabled people do is prejudged. All too often, disabled workers aren't even given a chance because of all the inaccurate biases that society has about disabled people in general.

However, as we in the disability advocacy community are always quick to point out, it is really about opportunity. When disabled people have the opportunity to work in an integrated work setting, as the TIME Act specifies, not only do they do quality work on par with their non-disabled colleagues, but they actually thrive.

The TIME Act isn't going to be a magic solution to solve all those complexities. It is, however, going to address a significant injustice in current employment law that has no place in the year 2021.

Fewer U.S. persons with a disability were employed in 2020 with a total employment rate of 17.9%, down from 19.3% in 2019, according to data from the U.S. Bureau of Labor Statistics (BLS). That translated to an unemployment rate of 12.6% for persons with a disability, the highest in seven years.

The really frustrating thing about those statistics is that disabled people want to work! We want to contribute in meaningful ways as we are able. Many times it is just a matter of small accommodations to make that possible. In my opinion, accommodations are the easiest challenge to address. Attitudes are harder. That is why there needs to be a law like the TIME Act on the books: to prevent unscrupulous employers from taking advantage of disabled people. Disabled workers deserve the rights and protections as non-disabled workers.

Sociologists and employment counselors have often touted that providing a person the opportunity to work does a lot in building a person's self-esteem, confidence, and independence. Having the autonomy and financial independence to control one's own life can also give a person status and purpose in their community. Why is any of this not believed to be valid for disabled people as well? The fact is, IT IS valid for the disability community as well. Only the discriminatory practices and ableist attitudes of the predominantly non-disabled system of corporate and capitalist hiring managers make everyone, including some disabled folks, think that it is not.

In reading the TIME Act's full text, I think legislators are really trying to address practical solutions in meaningful and comprehensive ways. Rather than phasing out 14(c) Certificates only and stopping there, they are also offering incentives to states and employers who encourage integrative employment. Additionally, they are establishing committees of stakeholders to plan and oversee future changes to employment law affecting disabled workers, specifically as it applies to a workforce that does not include 14(c) Certificates.

CALL TO ACTION: Make your voice heard!

After reading this post, please take a few moments to make your voice heard on supporting the legislation I detailed above. It's WE the people, remember? Tell your Congressmen and Congresswomen they need to pass these laws today! If you go to the United Spinal website at this link, they have a page set up of automated forms you can submit to show your support for current disability legislation being debated in Congress.