The 21st Anniversary of the ADA

Tuesday, July 26^th, marked the 21^st Anniversary of the ADA—the Americans with Disabilities Act. The ADA was a landmark civil rights law that was enacted in 1990 by President George H.W. Bush to prohibit discrimination based on disability. According to the ADA, disability is defined as “a physical or mental impairment that substantially limits a major life activity.”  The ADA provides individuals with disabilities an equal opportunity by granting access not only to buildings, but technology and programs as well.

The ADA has played a major role in both local and national events, not only since its implementation, but in the last year alone. Many local areas continue to put the ADA to good use as they move forward with continuing improvements allowing more accessibility. 

From a federal point of view, the Obama Administration reaffirmed their commitment to serving all residents with disabilities. In an executive order issued by President Obama On July 25, 2010, federal agencies have been instructed to take adequate steps in order to increase the number of disabled persons that they employ. The order stated that an additional 100,000 disabled Americans need to be hired over the next five years. The order was originally mandated in a July 2000 executive order from former President Clinton. President Obama justified the plan, stating that “As the nation’s largest employer, the federal government must become a model for the employment of individuals with disabilities. Executive departments and agencies must improve their efforts to employ workers with disabilities through increased recruitment, hiring and retention of these individuals.”

Approximately 54 million Americans have a disability. Through the implementation of this order, President Obama aims to remove the stigma attached to disabled workers and to encourage disabled Americans to actively aspire to be a part of the federal workforce.

Governmental Budget Woes...Again?

It wasn’t too long ago…April, to be exact, that we discussed the issue of a possible government shutdown. We were all lucky to have escaped the potential of having to adjust to said shutdown. At Binder & Binder®, it's business as usual, and we're going to continue working hard for our clients regardless of what happens. But, we want to take a second and let you, our clients and readers, know what this means for the Social Security Administration (SSA).

While we may not be facing another possible government shutdown, we may be facing other difficulties—and, it may come as no surprise that these difficulties are also related to the government’s budget. The story, however, is a little different this time. The threat this time is not a government shut down, but rather the threat of the national budget hitting its ceiling.

Concerns over the national budget are certainly not “new” news; it’s been a topic of contention for many years now. But, as the budget makes its way back into the headlines, it brings concerns for those receiving Social Security Disability along with it. In fact, if lawmakers are unable to come to a decision regarding the debt by August 2^nd, Social Security, Disability, and Veterans checks might not be sent out. President Obama has warned that there simply may not be enough money to continue the payments.

While the implications of a non-existent governmental budget are fear-inducing, especially for those who depended up the government and SSA for their benefits, we would like to reassure our clients that we will continue to operate as normal. We’ve been faced with possible difficulties of this magnitude before, and have always pulled through. We’ll do our best to keep you informed throughout this process.

Two Questions.

I get two questions from clients all the time.  Not surprisingly the first one is about the hat.  But the second one is whether I get recognized all the time.  I do.   It is very flattering that people come up to me and say they like the commercials or quite frequently that we represented someone that they know who was happy with our efforts.  Other times people come up and start asking questions about taxes  or whether the trust fund is running out which is less pleasant.  Not long ago I got recognized at Logan airport in Boston by the spouse of  client who raced over to thank me for winning his wife's case.  That is always the best.  Second best is crossing the street in NYC and having a firefighter in a engine company or ladder company blew his horn at me and wave.  Occasionally police officers in NYC in the local precinct will pull over just to say hello.

I am almost always recognized by TSA people when getting through security.  The agent will have my photo id in his hands and looks at me; you see a very short double take. Often the TSA people in friendly airports (Tampa is the friendliest airport I know) will come up to me and start chatting.  I'm also recognized on trains particularly the commuter train to our office in Hauppauge.  Fellow passengers will say hello on the platforms which is extremely flattering.  Everyone likes "the hat" though few realize there have been quite a few versions of "the hat" in the commercials.  Right now I'm wearing a Panama hat given to me recently by a friend but no one seems to know that it is a brand new hat that has never appeared on TV.

Harry incidentally is also recognized since he also wears a cowboy hat though his are much larger, more LBJ style than mine.  Like me, he is always recognized at airports by security or at baggage claim.  In fact recently picking up my bag at JFK, someone came up to me to tell me my brother had been there in the morning.  That's being recognized.

Disabled Retired Professional Athletes: What Is Next For Them?

When you think about an individual applying for Social Security Disability, what kind of person do you picture? Perhaps you picture someone much like yourself—a hardworking person, spending countless hours at the office to provide for their family, when an unfortunate injury or impairment prevents them from doing so. Perhaps you picture an electrician, a secretary, a school bus driver, or a carpenter. But…have you ever pictured a professional athlete? After all, they are working individuals who can suffer from disabilities too. Specifically, what happens to NFL players who become disabled and are forced into retirement?

An article from the Newsroom Jersey, dated July 23, 2010, discussed this exact issue (click on “Newsroom Jersey” to read the full article). The article notes the struggles of a number of former NFL players, who were severely injured either during their careers or are experiencing lasting effects from the “wear and tear” of the game. Many of the injured former professional athletes are uninsurable as a result of said injuries, and—to top it off—they’ve been denied disability severance from the NFL.

With the inability to obtain health insurance, and a denial for disability from their former employers, many disabled former NFL players are placed in the same location as several of our clients. Much like our clients applying for Social Security Disability, former NFL players have paid FICA taxes—making them eligible for disability payments. And, with the help of a Social Security Advocate, former NFL players have been able to rely on government support such as Medicare and Social Security Disability to aide in their continued medical needs.

In the News…Over 30 Years Ago.

We watch the news. We read the newspapers. And we scour Internet news sites. We’ve said it before, and we’ll say it again: we want to keep you informed. If we find something important, our goal is to make sure you know about it one way or another. While we know you could essentially come across the same information on your own, we want you to know we’re looking out for you too.

There has been a lot of talk recently about the status of the Social Security Administration and their stability. Will there be funds available in the Social Security Administration’s trust for the younger generation when they need them? Will there be funds for those who need them tomorrow? Perhaps you might have even heard your parents question the system’s stability back in the day.  Unfortunately, there’s no easy answer. And, unfortunately, we don’t have any say in the matter; it’s solely in the government’s hands.

But, something interesting popped up recently in our journey to keep you informed. It was an article that was originally posted in the Herald-Journal on December 19^th….of 1977.  The article, which was written almost 35 years ago, read as if it had been written today. The same issues and concerns regarding the Social Security Administration’s trust fund stability were just as prevalent in 1977 as they are now in 2011. It’s apparent that, when it comes to our security, time doesn’t have much affect on our concerns.

We don’t know what the future holds, but we will keep you informed. The possible dissolution of the Social Security Administration’s trust fund is something that has been around for decades, and we’ve always come though.