Disability in the United States
Americans with disabilities are one of the largest minority groups in the United States. Although the US does not have universal healthcare, Americans with disabilities can generally find adequate levels of subsidized support from a variety of sources, generally at the regional level. While most rural areas — especially in the Great Plains region — have little or no government-organized medical support infrastructure for the permanently disabled indigent population, most major urban centers have healthcare systems. The rights of Americans with disabilities are protected by the Americans with Disabilities Act of 1990.
According to the Disability Status: 2000 - Census 2000 Brief approximately 20% of Americans have one or more diagnosed psychological or physical disability:
Census 2000 counted 49.7 million people with some type of long lasting condition or disability. They represented 19.3 percent of the 257.2 million people who were aged 5 and older in the civilian non-institutionalized population -- or nearly one person in five..."
The United States Census Bureau is legally charged with developing information on the type and prevalence of disability in the population. The primary purpose of collecting ACS data on disability is to help the US Congress determine the allocation of federal funds and inform policies. It is also used to identify the characteristics of the disabled population of the United States. Determining the number and geographical location of people with disabilities is crucial for policies aimed at providing services like public transportation.
ACS does not directly measure disability There are other smaller survey studies that provide some insight on disability in the US. While studies like the National Health Interview Survey the Health and Retirement Study, the Behavioral Risk Factor Surveillance System, and the Health, Aging, and Body Composition (Health ABC) Study are used to infer valuable disability-related health characteristics in the US population. While responses to these items are commonly refer to as "disability", it could be argued the —it uses self- and proxy-reports to evaluate perceived ability to perform functional tasks. Existing publications have delineated details on the US population regarding disability by using information from the ACS. Publications have also outlined issues with disability data in the ACS. Research on disability continues to improve, and potential remedies are found for current methodological challenges. Because of the uniqueness, regarding federal funding and policy, researchers from various fields (e.g., sociology, epidemiology, and government) make wide use of ACS data to better understand disability in the US.
According to the 2000 U.S. Census, the African American community has the highest rate of disability in the United States at 20.8 percent, slightly higher than the overall disability rate of 19.4%. Given these statistics, it can be suggested that African Americans with disabilities experience the most severe underemployment, unemployment, and under education compared to other disability groups.
Investigations on the "poverty and disability nexus"  have consistently shown poverty and disability are correlated for all race-ethnic groups within the United States. Financial stability of people with disabilities would decrease the dependence on governmental support programs. Studies have been done with the U.S. Census Bureau data to examine the high prevalence of disabilities among welfare recipients. Thirteen percent of families with children under the age of 18, who are also receiving welfare benefits, had at least one child with a disability. Families with income below twice the poverty line were 50% more likely to have a child with a disability than those families with higher incomes. Children with disabilities from families with annual household incomes of higher than $50,000 were more likely to attend higher education.
Research suggests higher education does impact employment and income opportunities for people with disabilities. It is also noted near equivocal employment opportunities and salaries for people with disabilities to their peers without disabilities. While only one-fifth of people in the United States have at least a four-year college degree, some studies note possessing a four-year degree is the difference between absolute job security and joblessness.
Discrimination in employment
The US Rehabilitation Act of 1973 requires all organizations that receive government funding to provide accessibility programs and services. A more recent law, the Americans with Disabilities Act of 1990 (ADA), which came into effect in 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, or in the terms, conditions and privileges of employment. This includes organizations like retail businesses, movie theaters, and restaurants. They must make reasonable accommodation to people with different needs. Protection is extended to anyone with (A) a physical or mental impairment that substantially limits one or more of the major life activities of an individual, (B) a record of such an impairment, or (C) being regarded as having such an impairment. The second and third criteria are seen as ensuring protection from unjust discrimination based on a perception of risk, just because someone has a record of impairment or appears to have a disability or illness (e.g. features which may be erroneously taken as signs of an illness). Employment protection laws make discrimination against qualified individuals with a disability illegal and may also require provision of reasonable accommodation. Reasonable accommodations includes changes in the physical environment like making facilities more accessible but also include increasing job flexibility like job restructuring, part-time or modified work schedules or reassignment to vacant position. Though many hold attitudes that are more enlightened and informed than past years, the word “disability” carries few positive connotations for most employers. Negative attitudes by employers toward potential employees with disabilities can lead to misunderstanding and discrimination.
Social Security Administration
The US Social Security Administration (SSA), defines disability in terms of an individual's inability to perform substantial gainful activity (SGA), by which it means “work paying minimum wage or better”. The agency pairs SGA with a list of medical conditions that qualify individuals for disability benefits.
The SSA makes available to disabled Americans two forms of disability benefits: Social Security Disability Insurance, (SSDI) and Supplemental Security Income (SSI). Social Security pays disability benefits to citizens who have worked long enough and have a medical condition that has prevented them from working or is expected to prevent them from working for at least 12 months or end in death.
Some assistance ends if the beneficiary starts working. If that assistance (such as personal care or transportation) is necessary for work, it creates a welfare trap where it is not possible to work despite potentially being willing and able. Some programs do provide incentives to work.
Before the Individuals with Disabilities Education Act was passed, children with disabilities were at-risk of not receiving a free, appropriate public education. For IDEA to apply, the child must first be determined to be able to benefit from public education. This benefit is not exclusively limited to school-aged children, but applies to children with disabilities from infancy.
Due to societal stigma of disability, children are sometimes treated like disabled children, and not included in activities in which other children were able to participate. Educators can hold students with disabilities to lower expectations, which impacts their future educational attainment.
Under the Individuals with Disabilities Education Act, the school district must provide every disabled child with an Individualized Education Plan (IEP). The IEP is compiled by a team of school administrators and guardians, and may include a child advocate, counselors, occupational therapists, or other specialists. This team evaluates the goals for the child and determines what needs to be done in order for those goals to be met. Children with disabilities who do not have a parent or guardian advocating on their behalf are not as well served in the education system as their peers with parent or guardian advocates.
Transition preparation from K-12 education to post-secondary education or career was initially written into IDEA to begin at age 12, but in the existing law, transition preparation does not begin until age 16. While this law provides a maximum age at which to begin transition preparation, students with disabilities have been known to receive transition preparation at a younger age, as the states might mandate a younger age, or the IEP team might determine a younger age is appropriate to begin the transition preparation of the student. Some students with disabilities have noted not receiving any transition preparation at all. The transition services are to be designed to be results-oriented rather than outcome-oriented. This is to ensure the transition services are designed for the student's success. Students are intended to attend their transition planning meetings with the IEP, yet not all students do. Some do attend, yet generally not take a leadership role - only fourteen percent do. This places the students with a disability in a passive role instead of an agentic role in their own life plans. In a 2007 study of a higher education institution located in the Midwestern United States, it was found that one-third of students with disabilities felt their transition preparation was lacking. Many in this group were unaware of laws that pertained to disability and higher education. This leaves them without an understanding of their learning needs and unable to advocate for themselves.
Self-advocacy plays an important role in the success of students with disabilities in higher education. While examination of self-advocacy skills has been largely limited to the impact in academic settings, self-advocacy skills, or the lack thereof, do also impact non-academic situations. A 2004 study noted only 3 percent of students with disabilities had self-advocacy training. Students with disabilities who are confident about their disability identity and self-advocacy skills are more likely to disclose their disabilities and advocate for their needs when interacting with faculty and staff. Advocacy service is also provided to students as staff from different programs help instructors in college, understand the needs of the disabled who are attending their classes. So much so that when disable students need extra time to complete their course then some arrangements are made to cater such students. Students with disabilities who were embarrassed of their disability identity and did not understand their needs as learners looked to faculty and staff for solutions to accommodation needs. Education helps students with disabilities learn self-advocacy skills that affect their ability to advocate for their health, insurance, and other needs.
In spite of IDEA and Section 504 providing support for education of people with disabilities, the educational outcomes of people with disabilities vary significantly from the outcomes of people without disabilities. After high school, a 2005 study found students with disabilities enroll in postsecondary education, whether college, technical school, or vocational school, at a rate of 46% compared to the rate of 63% for students without disabilities. This rate is up 23% since 1990, when the Americans with Disabilities Act of 1990 was passed. Specifically to four-year degree granting higher education institutions, 27% of students with disabilities attend compared to 54% of students without disabilities. High school completion and postsecondary education enrollment vary per disability type.
Students with disabilities are responsible for advocating for their accommodations and needs as learners in higher education environments. Many higher education institutions have staff to work with students with disabilities on their accommodation requests. Higher education institutions do vary in process to obtain accommodations and accommodations provided. The staff members at the higher education institutions can recommend accommodations. The faculty members, however, may choose to vary or not implement the accommodations at all based upon concerns of weakening academic integrity of the course or risking the possibility of endless accommodation requests. When working with faculty members about accommodations, nearly half of the students with disabilities recalled receiving a negative response, while the other half felt their faculty members were accommodating.
Employment and minimum wage exemption
Disabled citizens in the United States receive Medicare insurance and social security benefits to varying degrees. For those that seek employment for therapeutic or economic reasons, the Fair Labor Standards Act of 1938 is applicable. This act was an attempt to facilitate the large number of disabled servicemen returning from the front lines "to the extent necessary to prevent curtailment of opportunities for employment". Section 14(c) provides the employers with a method of paying their disabled employees less than applicable federal minimum wage minimum wage. The Secretary of Labor issues certificates that align wages with the employee's productivity.
At present there are 420,000 §14(c) employees being paid less than the minimum wage of $7.25 per hour. Administratively, the wage for the disabled was informally set at 75%. Those working in sheltered work centers have no minimum floor for their wage. The Fair Wages for Workers with Disabilities Act was proposed in 2013 to repeal §14(c) but was not passed.
It is illegal for California insurers to refuse to provide car insurance to properly licensed drivers solely because they have a disability. It is also illegal for them to refuse to provide car insurance "on the basis that the owner of the motor vehicle to be insured is blind," but they are allowed to exclude coverage for injuries and damages incurred while a blind unlicensed owner is actually operating the vehicle (the law is apparently structured to allow blind people to buy and insure cars which their friends, family, and caretakers can drive for them).
- List of disability organizations
- American Association of People with Disabilities
- United Cerebral Palsy, nonprofit supporting people with all disabilities
- Disability Status: 2000 - Census 2000 Brief (PDF) (Report). US Census Bureau. March 2003.
- Disabilities Affect One-Fifth of All Americans (PDF). Census Brief (Report). US Census Bureau. December 1997.
- Siordia, Carlos (2014). "Proxy-reports in the Ascertainment of Disability Prevalence with American Community Survey Data". Journal Frailty & Aging. 3 (4): 238–246. doi:10.14283/jfa.2014.31.
- U. S. Census Bureau (2009), A Compass for Understanding and Using American Community Survey Data: What PUMS Data Users Need to Know (pdf), Washington, DC: U.S. Government Printing Office
- Brault M W. (2012). Americans with disabilities: 2010 (pp. P70-P131). US Department of Commerce, Economics and Statistics Administration, US Census Bureau.
- Brucker, Debra L.; Houtenville, Andrew J. (May 2015). "People With Disabilities in the United States". Archives of Physical Medicine and Rehabilitation. 96 (5): 771–774. doi:10.1016/j.apmr.2015.02.024.
- von Reichert, Christiane; Greiman, Lillie; Myers, Andrew (2014). "The Geography of Disability in America: On Rural-Urban Differences in Impairment Rates" (pdf). Independent Living and Community Participation (Paper 7). University of Montana Rural Institute.
- "National Health Interview Survey". CDC.gov. Retrieved 2015-07-28.
- "Health and Retirement Study". Umich.edu. Retrieved 2015-07-28.
- "Behavioral Risk Factor Surveillance System". CDC.gov. Retrieved 2015-07-28.
- "National Institute on Aging, Laboratory of Epidemiology, Demography, and Biometry". Grc.nia.nih.gov. 2012-05-17. Retrieved 2015-08-04.
- Siordia, Carlos (8 August 2014). "Number of People in the United States Experiencing Ambulatory and Independent Living Difficulties". Journal of Social Work in Disability & Rehabilitation. 13 (3): 261–277. doi:10.1080/1536710X.2014.912187. PMC 4127098.
- Siordia, Carlos (6 December 2014). "Disability Prevalence According to a Class, Race, and Sex (CSR) Hypothesis". Journal of Racial and Ethnic Health Disparities. 2: 303–310. doi:10.1007/s40615-014-0073-8. PMC 4628829.
- Siordia, Carlos (2014). "Precision in estimates of disability prevalence for the population aged 65 and over in the United States by race and ethnicity". Journal of Frailty & Aging. 3 (3): 187–192. doi:10.14283/jfa.2014.22.
- Siordia, Carlos (March 2015). "Disability Estimates between Same- and Different-Sex Couples: Microdata from the American Community Survey (2009-2011)". Sexuality and disability. 33 (1): 107–121. doi:10.1007/s11195-014-9364-6. PMC 4346217. PMID 25745275.
- Burkhauser, RV (2014). "Capturing the Elusive Working-Age Population With Disabilities Reconciling Conflicting Social Success Estimates From the Current Population Survey and American Community Survey". Journal of Disability Policy Studies. 24 (4): 195–205.
- Siordia, Carlos (14 April 2014). "Married Once, Twice, and Three or More Times: Data From the American Community Survey". Journal of Divorce & Remarriage. 55 (3): 206–215. doi:10.1080/10502556.2014.887377.
- Siordia, Carlos; Le, Vi Donna (25 March 2013). "Precision of Disability Estimates for Southeast Asians in the American Community Survey 2008-2010 Microdata". Central Asian Journal of Global Health. 2 (1). doi:10.5195/cajgh.2013.40.
- Citro CF & Kalton G. (Eds.). (2007). Using the American Community Survey: benefits and challenges. National Academies Press.
- Hough, GC (2006). "An evaluation of the American Community Survey: results from the Oregon test site". Journal of Research and Policy Review. 25 (3): 257–273. doi:10.1007/s11113-006-0007-1.
- Siordia, C; Young, R (April 2013). "Methodological note: allocation of disability items in the American Community Survey". Disability and health journal. 6 (2): 149–53. doi:10.1016/j.dhjo.2012.11.007. PMID 23507166.
- Brault, Matthew W. (2012). "Americans with disabilities: 2010" (pdf). US Census Bureau: 70–131.
- Singh, Gopal K.; Lin, Sue C. (2013). "Marked Ethnic, Nativity, and Socioeconomic Disparities in Disability and Health Insurance among US Children and Adults: The 2008–2010 American Community Survey". BioMed Research International. 2013: 1–17. doi:10.1155/2013/627412. PMC 3819828.
- Burkhauser, R. V.; Houtenville, A. J.; Tennant, J. R. (5 June 2012). "Capturing the Elusive Working-Age Population With Disabilities: Reconciling Conflicting Social Success Estimates From the Current Population Survey and American Community Survey". Journal of Disability Policy Studies. 24 (4): 195–205. doi:10.1177/1044207312446226.
- Maples, Jerry J.; Brault, Matthew (2014). "Improving Small Area Estimates of Disability: Combining the American Community Survey with the Survey of Income and Program Participation" (pdf). US Census Bureau.
- Erickson W, Lee C, & von Schrader S. (2013). Disability Statistics from the 2011 American Community Survey (ACS). Ithaca, NY: Cornell University Employment and Disability Institute (EDI).
- Americans with Disabilities in 2002 (PDF). Population Profile of the United States: Dynamic Version (Report). U.S. Census Bureau. Retrieved June 19, 2013.
- Alston, Reginald J.; Russo, Charles J.; Miles, Albert S. (1994). "Brown v. Board of Education and the American with Disabilities Act: Vistas of equal educational opportunities for African Americans". Journal of Negro Education. 63 (3).
- Siordia C & Ramos AK. (2015). Risk for Disability and Poverty amongst “Central Asians” in the United States. Central Asian Journal of Global Health, in-press.
- Siordia, C (2015). "Prevalence of Self-Care and Ambulatory Disability in Baby Boom and Generation-X Birth-Cohorts by Intersectional Markers of Social Stratification". Journal of Race and Social Problems. 7: 257–268. doi:10.1007/s12552-015-9155-4.
- Siordia, C (2015). "A Multilevel Analysis of Mobility Disability in the United States Population: Educational Advantage Diminishes as Race-Ethnicity Poverty Gap Increases". Journal of Studies in Social Science. 12 (2): 198–219.
- Siordia C & Ramos AK. (2015). Evidence of the “Hispanic Paradox” from the Poverty and Disability Nexus in the Latino Farmworker Population of the United States. Global Journal of Biology, Agriculture & Health Sciences, in-press.
- Getzel, E.E.; Stodden, R.A.; Briel, L.W. (2001). Life beyond the classroom: Transition strategies for young people with disabilities. In P. Wehman (Ed.) Life beyond the classroom: Transition strategies for young people with disabilities: Baltimore: Paul H. Brookes. pp. 247–259.
- Collet-Klingenberg, L.L. (1998). "The reality of best practices in transition: A case study". Exceptional Children. 65 (1): 67–78.
- Janiga, S.J.; Costenbader, V. (2002). "The transition from high school to postsecondary education for students with learning disabilities: A survey of college service coordinators". Journal of Learning Disabilities. 35 (5): 462–468. doi:10.1177/00222194020350050601.
- Levinson, E.M.; Ohler, D.L. (1998). "Transition from high school to college for students with learning disabilities: Needs, assessment, and services". High School Journal. 82 (1): 62.
- Lee, S.; Sills, M.; Oh, G. "Disabilities among children and mothers in low-income families (Research in Brief, IWPR Publication #D449)". Washington, DC: Institute for Women’s Policy Research.
- Wagner, M; Newman, L; Cameto, R; Garza, N; Levine, P. "After high school: A first look at the postschool experiences of youth with disabilities" (PDF). National Longitudinal Transition Study-2 (NLTS2).
- Cheatham, G.A.; Elliott III, W. (2012). "The effects of college savings on postsecondary school enrollment rates of students with disabilities". Assets and Education Research Symposium.
- Cook, B.G.; Gerber, M.M.; Murphy, J. (2000). "Backlash against the inclusion of students with learning disabilities in higher education: Implications for transition from post-secondary environments to work". Work. 14 (1): 31–40.
- Grigal, M.; Hart, D.; Weir, C. (2012). "A survey of postsecondary educational programs for students with intellectual disabilities in the United States". Journal of Policy and Practice in Intellectual Disabilities. 9 (4).
- Getzel, E.E.; Thoma, C.A (2008). "Experiences of college students with disabilities and the importance of self-determination in higher education settings". Career Development for Exceptional Individuals. 31 (2): 77–84. doi:10.1177/0885728808317658.
- Burkhauser, Richard V.; Schmeiser, Maximilian D.; Weathers II, Robert R. (Jan 2012). "The Importance of Anti-Discrimination and Workers' Compensation Laws on the Provision of Workplace Accommodations Following the Onset of a Disability". Industrial & Labor Relations Review. 65 (1): 161–180. doi:10.1177/001979391206500109.
- Darling, Peter (Aug 2007). "Disabilities and the Workplace". Business NH Magazine. 24 (8): 28.
- "Social Security - Disability Benefits" (PDF). Social Security Administration. May 2015.
- 25 Years Of The ADA, 28 July 2015
- Work Incentives - General Information
- Mike Cole, ed. (2005). Education, equality and human rights : issues of gender, race, sexuality, disability and social class (2nd ed.). London: Taylor & Francis. ISBN 0-415-35660-1.
- Aron, L; Loprest, P (Spring 2012). "Disability and the education system". The Future of Children. 22 (1): 97. doi:10.1353/foc.2012.0007.
- Brizuela, Gabriela (2011). "Making an "IDEA" a Reality: Providing a Free and Appropriate Public Education for Children with Disabilities Under the Individuals with Dsabilities Education Act". Valparaiso University Law Review. 45. Retrieved 7 August 2015.
- Wilson, H.; Bialk, P.; Freeze, T.B.; Freeze, R.; Lutfiyya, Z.M. (2012). "Heidi's and Philip's stories: transitions to post-secondary education". British Journal of Learning Disabilities. 40: 87. doi:10.1111/j.1468-3156.2012.00746.x.
- Greatschools Staff. "IDEA 2004 Close Up: Transition Planning". greatschools.org. Retrieved 28 November 2016.
- Claiborne, Lise Bird; Cornforth, Sue; Gibson, Ava; Smith, Alexandra (2011). "Supporting students with impairments in higher education: social inclusion or cold comfort?". International Journal of Inclusive Education. 15 (5): 513–527. doi:10.1080/13603110903131747.
- Carney, K.; Ginsberg, S.; Lee, L.; Li, A.; Orr, A.; Parks, L.; Schulte, K. (Summer 2007). "Meeting the needs of students with disabilities in higher education: how well are we doing?". The Delta Kappa Gamma Bulletin: 35.
- Cameto, Renee; Levine, Phyllis; Wagner, Mary. "Transition planning for students with disabilities" (PDF). National Longitudinal Transition Study 2. SRI International. Retrieved 28 November 2016.
- Strichart, Stephen S.; Mangrum II, Charles T. (1987). "College Opportunities for the Learning Disabled in the United States". European Journal of Special Needs Education. 2 (4): 247–258. doi:10.1080/0885625870020404.
- Bryan, A.; Myers, K. (2006). "Students with Disabilities: Doing What's Right". About Campus: 18.
- Horn, L.; Berktold, J. (1999). "Students with disabilities in postsecondary education: A profile of preparation, participation, and outcomes". National Center for Education Statistics, U.S. Department of Education, Statistical Analysis Report No. 1999-187.
- Shaw, S.F.; Scott, S.S. (2003). "New directions in faculty development". Journal of Postsecondary Education and Disability. 17 (1): 3–9.
- Fair Labor Standards Act 1938 S14 (c)
- M. Diament 'Feds Recommended Phasing out Subminimum Wage' 23 August 2012, http://www.disabilityscoop.com/2012/08/23/feds-phasing-wage/16312/ last accessed 31 October 2014
- "California Code - Article 5: Motor Vehicle Liability Insurance". Codes.lp.findlaw.com. Retrieved 2015-08-07.
- "CAL. INS. CODE § 11628.7 : California Code - Section 11628.7". Codes.lp.findlaw.com. Retrieved 2015-08-07.