July 26th marks 26 years
since the passing of the Americans With Disabilities Act, which was a landmark
piece of civil rights legislation, which prohibits discrimination in
employment, public accommodations, communications, and government activities.
Even though a Republican signed the bill into law, the aim and enforcement of
the ADA violate every tenant of the American Right’s worldview. From policy to
rhetoric, the right has for decades sought to marginalize the plight of the
disabled American.
It is not clear whether this animus
is conscious or unconscious, but it is unmistakable. Indeed the fiercest
opposition to accommodation came from several sects from the base of the
American Right. The Chamber of Commerce led the charge against structural
accessibility, claiming it would be a costly headache for small businesses.
While the cost of renovating is real, it isn’t unreasonable to assume that a
business owner would get a tax credit for making their facility more
accessible. Also, disabilities are often times worse than headaches. However, this exposes the ludicrous
claim that the free market is benevolent in how it naturally adapts to the
needs of consumers. Why didn’t the free market necessitate structural
accommodation before 1990, the answer goes to the heart of the free market
conservative ideology, disabled people didn’t contribute enough to the economy
to warrant accommodation. This point segways into the difference in policy approach
to the American Right and the American Left.
The gap of difference between the
right and left about the disabled is predicated on conservative intellectual
opposition to the dreaded “central planning”, and their perennial admiration for
the private sector.
Social Security Disability Insurance
is a major source of conflict against the disabled. From my own research and
personal experience from being on the program, I was able to deconstruct the
arguments against SSI and SSDI. From the beginning of the program,
conservatives felt that supplemental income disincentivizes economic
productivity among the disabled. To this day they claim that the program is
fraught with fraud and abuse. However, my research indicates that from a sample
of 1,523 cases from 11 cities found that the rate of fraud was one third of one
percent, most of which was related to belated discontinuation of payments and
beneficiary error in understanding eligibility. Early opposition to the SSDI
and SSI programs were also predicated on the conservative’s preference for
rehabilitative programs, rather than long-term subsidies. This is the crux of
the right’s animus towards the disabled, the economic impact having a life long
chronic disability from a medical condition like cerebral palsy, down syndrome or
spinal bifida throws a monkey wrench into their Calvinist fantasies about
personal responsibility. Besides,
since the conservatives opposed the existence of these programs, the fraud and
abuse argument is a disingenuous canard.
Administrative changes about the
definition of who is disabled might need to be made, for example, disability
public policy should recognize the distinction between the chronically disabled
and the aged disabled. The conflation of the two is the root of the problem of
over accommodation from programs like SSI or parking permits. That said,
conservative opposition to programs such as these is ideological and reflexive.
In many ways the argument of over accommodation
or fraud is pretense for opposition to these sorts of government programs
conceptually. Ultimately, the best way to accommodate the chronically disabled
would be to have a monthly individual subsidy similar to SSI, yet separate from
the larger Social Security program itself. This animus is even evident in their
opposition to programs that only benefit the recipient indirectly, such as a
section 8 housing subsidy.
One
of the more comical moments of the 2012 and 2016 Republican primaries was the
two Texans Rick Perry and Ted Cruz forgetting what departments of government
they would see fit to eliminate. Senator Cruz said in 2016 that he wanted to
eliminate the Department of Housing and Urban Development outright, and it was
eluded to in the 2012 Republican debates. Now, them saying that HUD should be
eliminated gives no consideration to those benefitting from Section 8 Housing. Section 8 is a program where the
government pays two thirds of the beneficiary’s rent, which benefits the
property owner more directly than the beneficiary. However, many conservatives
would comment on the lower quality of section 8 housing, comment on how housing
subsides skews their beloved free market by keeping lower quality housing on
the market, or they’ll even go so far as to say this skewing effect was the
cause of the 2008 housing crash, rather than collateralized debt obligation
being traded as an asset in the stock market as Yanis Varoufakis explained in
his book The Global Minotaur. Just like with SSI, the best way to
accommodate the disabled with a housing subsidy would be to create an entirely
separate section for the life-long chronically disabled, that asks the
beneficiary to contribute a quarter of the rent, rather than a third. If we
combine the administration of the previously mentioned supplemental income
subsidy with this housing subsidy, the levers of public policy could be used to
mitigate the economic impacts of the life-long disability. Furthermore, there should be block
grants designated for the funding of debt free college for the disabled through
grad school. Aside from those programs the lifelong disabled should be allowed
to maintain a personal savings account of up to $100,000 which would not be
counted against their federal supplemental income, housing, or educational
subsidies.
All of these programs would then be
administered at the federal level by a cabinet position known as the Secretary
of Disabled Services. This would be easily assembled since many of these
programs already exist, and just need to be streamlined into a more user-friendly
approach. The funding for this approach would be drawn from 3-5% of the annual
military budget. In so doing the military disabled, as well as the born
disabled would be covered without having to depend solely on the V.A. Of
course, this would require veteran care to be combined to the cost of the
defense budget rather than something separate. In other words, disabled
veterans could draw more benefits from the programs I’m prescribing, which
would alleviate some strain on the Veteran’s Administration as a whole.
The
aim of these suggested programs is to provide a modicum of economic certainty that
is otherwise denied to the disabled and their loved ones. This uncertainty of
being born with a disability can manifest itself in different ways. A report
authored by Senator Tom Harkin pointed out that 28% of disabled people of all
ages from 18-64 live in poverty, which is double the national average from
2013. The disabled in America still face a certain amount of economic
marginalization and isolation stemming from lack of understanding by the
non-disabled majority. Many conservatives would say that it would be better to
allow private organizations to care for the disabled through donations.
However, it is easy to learn the flaws in this approach, given that most of the
history of assistance programs in the United States was through the private
sector. Kim E. Nielsen’s book A
Disability History of the United States outlines the inadequacies of many
private organizations to be able to understand what truly was a disability and
to accommodate those they recognize as disabled. This is to say that those with
mental disabilities were less likely to receive assistance than with those with
severe physical disabilities because the administrators of these organizations
were the determiner of who was deemed worthy of accommodation, rather than the
disabled themselves. Also, the idea of subsidizing assistance programs by
private donation only, is a system that more benefits those donating as they
get a deduction, which reveals yet again the conservatives hostile disregard of
the disabled as people, simply because of the perception that those on
assistance subsidies don’t contribute to the economy.
Finally,
it is necessary to address the root of this animus, , the word entitlement. That
is what existing assistance subsidies are called. Indeed, it is easy to imagine
a conservative reader of my afore mentioned policy prescriptions calling them,
as well as my tone, entitled. To this I would retort that to describe any
disabled person as economically entitled is a callous affront to their
character. The term entitlement implies that the disabled have endless options
beyond government assistance; it implies a level of choice that is not afforded
to those born with a disability. The only way assistance programs for the
disabled could accurately be called entitlements was if the word entitlement
referred to the constant complaining of the “Free Market” conservative about
taxation subsidizing “non production” in these assistance programs. It seems as
if these conservatives feel that taxation is a greater burden than the
circumstance of having been born with or developing a chronic life long
disability.
SOURCES:
http://www.opensecrets.org/news/2013/03/powerful-interests-oppose-strengthening-of-disabilities-law/
http://crippledpiper.blogspot.com/2015/11/if-it-isnt-broken-leave-it-alone-policy_15.html
http://www.nytimes.com/interactive/projects/cp/election-2016/fourth-republican-debate-highlights/cruz-follows-perry-with-an-oops-moment-of-his-own
The Global Minotaur, Chapter 1, section 2 by Yanis Varoufakis
http://www.help.senate.gov/imo/media/doc/HELP%20Committee%20Disability%20and%20Poverty%20Report.pdf
A Disability History of the United States by Kim E. Nielsen
I have been on disability for a few years, and my wife and I struggle constantly with these issues. Access to businesses is often difficult for me, and my wheelchair is not the problem. Those who do not live with disabilities see us as a drain on their income, but they fail to see we can still contribute to society.
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