This Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. The sixth edition includes significant focus on the Americans with Disabilities Act (ADA), including its 2008 Amendment and accompanying regulations. Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA), including the 2004 Amendments and two recent Supreme Court cases under the IDEA.

This Nutshell presents an overview of the major federal disability laws with emphasis on the statutes, regulations, and significant points of substantive and procedural law. The second edition includes significant focus on the American with Disabilities Act (ADA). Features coverage on constitutional rights; the definition of "disabled"; Rehabilitation Act of 1973; employment discrimination; programs and services; and housing, education, and transportation. Also reviews the many relevant areas of the Individuals with Disabilities Education Act (IDEA).

Constitutional Rights; Who is Disabled?; Rehabilitation Act of 1973 (Sections 504, 501,503); Employment Discrimination; Architectural Barriers; Access to Programs and Services; ADA Access Board Guidelines; Housing; Postsecondary Education; Transportation; ADA Miscellaneous; Newborns with Disabilities; Individuals with Disabilities Education Act; Section 504 and the ADA: Elementary and Secondary Education; Disciplining Students with Disabilities.

If you are an individual with a disability and believe you have been discriminated against, it is often hard to find a lawyer to help remedy your situation. Accordingly, 'self-help' may often be your most, or your only, viable strategy. But how to proceed? This book serves as a badly needed practical guide to disability discrimination law. Covering a wide range of issues faced by individuals with different kinds of disabilities, it not only describes those individuals' legal rights but also suggests solutions to disability discrimination issues that are more practical and less expensive than filing a lawsuit. Written by two disability law experts, Ruth Colker, whose son is developmentally disabled, and Adam Milani, who is paralyzed from the chest down, this book is informed by their scholarly expertise but is also based on their collective practical experience from years of navigating issues of disability discrimination. Everyday Law for Individuals with Disabilities is the first in a series of practical guides to the law, organized by series editors Richard Delgado and Jean Stephancic, packed with useful overviews and advice for the people who need it most and can least afford it.

This book is intended to provide a broad overview of Social Security law and practice. It covers the two main titles of the Social Security Act: Old Age, Survivors and Disability Insurance (OASDI) and Supplemental Security Income (SSI), with a special focus on the disability provisions of both programs. It begins with an introductory chapter that places current Social Security law and practice in its historical context, including a brief discussion of the circumstances surrounding the passage of the Act in 1935, the major amendments to the Act since 1935, and key Supreme Court decisions that have impacted the coverage and administration of OASDI and SSI. The remaining chapters can be grouped into three parts: chapters 2, 3, and 4 describe the central eligibility requirements for benefits under both programs; chapters 5 and 6 delve more deeply into the requirements for disability benefits; and chapters 7, 8, and 9 focus on the administration of the programs, including the roles of lawyers and other claimant representatives, administrators and administrative judges, and federal courts.

How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.