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Created on: December 30, 2008 Last Updated: December 28, 2010
I am a member of the mental health advocacy group at a local social service organization for people with disabilities. The agency deals most with psychiatric and sensory disorders.There are other disabled clients as well.
Before the Restoration of the ADA passed 2008, the definition of a person with disabilities was dwindled down to the point where millions of people were no longer officially considered disabled. The
US government assisting people with disabilities find employment was severely narrowed since the definition of who was disabled was extremely limited. Ergo the people who could be helped was significantly reduced.
In essence the restoration of the ADA act says a person with a disability is considered disabled whether or not he or she is successfully receiving treatment for it. Once somebody is disabled, successful treatment for it doesn't negate that.
This means that for example a person who is deaf who wears hearing aids is still considered protected by the ADA. The same thing for somebody who is mentally ill, but stabilized through medication. Or for that matter someone who is legally blind and whose vision is corrected by eyeglasses. This is basically saying that if one is born with a physical or mental challenge or becomes disabled that disability is there unless one is somehow cured of it. Aids treatments are not considered cures.
This ruling negated a terrible catch22 that was perpetuated by The Bush2 regime. It basically said a person with a disability, especially a severe one couldn't find paid employment because of their disability. If they were able to seek successful treatment for it, they were no longer considered disabled. This essentially meant if you suffered from a disability that didn't permit you to work that was one thing. However if you did something to help yourself, ie accommodations, then you could benefit from the original Americans with Disability Act. In my humble opinion this perspective effectively negates a major portion of the ADA. I am referring to the fair and reasonable accommodations section of the original ADA.
There are individuals with true disabilities where life for themselves is rather difficult. These include being wheelchair bound for whatever reason, sensory, mental, developmental and others. There are persons with disorders such as multiple sclerosis, polio, post polio syndrome, traumatic brain, spinal cord injuries, cerebral palsy, severe, crippling arthritis. While it is true there are varying degrees
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