DRNY 2019 Annual Report

WELCOME TO DRNY I am pleased to present our 2019 Annual Report.

Each year I look forward to sharing with you the work that we have done. We highlight our cases, the advocacy we have led, and especially, the people we have helped.

Our mission and our resolve remains unwavering. Every day we address systemic issues that remain barriers for far too many people. We investigate allegations of abuse and neglect. And we advocate to ensure that civil and human rights are respected.

Through our advocacy, outreach and education, we have made some long lasting change within our communities.

While we are proud of the accomplishments we share, we are continually reminded that we still have a long way to go.

I invite you to connect with us, let us know what is important to you, and how we can help. I look forward to the continuation of our growing partnership as we work together towards safe, inclusive and equal opportunities for all people with disabilities.

Sincerely,

Timothy A. Clune, Esq. Executive Director

2 | WELCOME

TABLE OF CONTENTS Overview.......................................4

Native American Legal Clinic..........23

Our Programs...............................6

In Action..............................................24

CAP Program..........................6

Marketing & Communication.....24

PAAT Program........................8

Financial Report................................26

PABSS Program....................10

Expenses.................. ..............26

PADD Program.....................12

Grants....................... ..............26

PAIMI Program.....................14 PAIR Program.......................16 PATBI Program.....................18 PAVA Program......................20 PARP Program......................22

BOARD OF DIRECTORS Christine Konsistorum, CPA President Andrew Gordon, Esq. Director Charmeen Antoinette Jarrett Director

Cathleen Kenny, CPA Treasurer Lisa Holton Director

Anthony Curtis Director

George Badillo Director Chair, PAIMI Advisory Council

Audie Serrano Secretary Amy D’Amico, Esq. Director Ann Scherff Director Chair, PADD Advisory Council

TABLE OF CONTENTS | 3

Overview

Our Intake Department is our center of advocacy. They assess a high volume of clients for DRNY services daily and simultaneously close and resolve just as many service requests. There are a variety of ways that our intake advocates serve our clients in the community and those clients are the measure of how meaningful our help can be.

In 2019, we responded to 3,437 Service Requests.

We provided full case services to 885 of those requests and provided Information and Referral (I&R) services to the remaining 2,552 requests.

When we are contacted about issues that fall outside of our priorities or are unrelated to the person’s disability, we strive to provide appropriate referral sources. We educate people about their rights and available options. Our I&R services vary and are dependent on the needs of the person.

4 | OVERVIEW

AVERAGED

290

SERVICE REQUESTS per month

OVERVIEW | 5

CAP Program Our Client Assistance Program (CAP) was established by the 1984 Amendments to the Rehabilitation Act. We advocate for and protect the rights of people who are seeking or receiving rehabilitation services.

KNOW YOUR RIGHTS Outreach DRNY continues to recognize the unfair treatment and subminimum wage rate of people with disabilities working in sheltered workshops. We will not stop our efforts until our clients are paid at least minimum wages for their work.

DRNY created training materials, resources, and conducted site visits in an effort to end this discrimination. We provided several “Know Your Rights” presentations to both workers and employers on Vocational Rehabilitation employment services. Through these outreaches and efforts to bring about change, DRNY presented the training to 124 people.

6 | CAP PROGRAM

*The names of our clients have been changed to respect their privacy.

Advocacy for Transportation *Adam is a young man with Asperger’s Syndrome who was denied transportation through ACCES-VR. He lives in a rural area, therefore public transportation was not an option for him to get to and from his trade school program.

ACCES-VR initially supported him in his endeavors at trade school. However, when they found out he was nineteen and old enough to have his license, they denied him transportation.

DRNY helped Adam obtain the medical documents necessary to support his decision that he was not yet ready to drive. He was then able to obtain transportation from ACCES-VR. He is now attending his trade school education five days a week without having to worry about how he will get there.

Advocacy for Educational Tools *Mary decided to go back to college to work towards a degree. DRNY’s request that ACCES-VR provide Mary with a laptop for her courses was denied.

DRNY discovered that ACCES-VR had never complied with a prior due process decision requiring that Mary be provided with an assistive technology evaluation.

DRNY successfully obtained the evaluation and Mary’s request for a laptop was approved.

CAP PROGRAM | 7

PAAT Program Our Protection & Advocacy for Assistive Technology (PAAT) program provides legal and non-legal advocacy services to people who have been denied assistive technology devices or services.

Assistive Technology at Home *Martin, a 92-year-old Korean War veteran, needed a vertical platform lift system (VPL) to get into his home.

Although the Veterans Administration (VA) paid for and obtained a consultation to install the VPL, Martin’s Home Owners Association (HOA) refused to provide permission for the installation.

Martin tried unsuccessfully for several months to get the HOA to approve the installation. Unfortunately, Martin fell going up the stepped entrance and was seriously injured because there was no VPL. DRNY convinced the HOA to allow the VPL to be installed. Martin is now able to enter his home independently and without fear of injury.

8 | PAAT PROGRAM

*The names of our clients have been changed to respect their privacy.

Assistive Technology at School *Rebecca is an eighth grade student who needed accommodations because of her traumatic brain injury. She has difficulty focusing on print documents and small screens. As a result of DRNY’s advocacy she received ongoing assistive technology services and supports from the school district.

These included accessible reading materials in class, a laptop, a printer in the classroom, exam materials in an accessible format, and access to a calculator during her statewide math testing. The school district staff will re-evaluate her accommodation needs on a regular basis.

Assistive Technology at Work *Joanna’s employer refused to accommodate her and her service animal in the workplace. The employer required her to sign a “service animal agreement” detailing the scope of her responsibilities as a service dog handler.

DRNY educated her employer regarding its responsibilities and her rights. As a result, the employer allowed Joanna to have her service dog at work and did not make her sign the service animal agreement.

PAAT PROGRAM | 9

PABSS Program Our Protection & Advocacy for Beneficiaries of Social Security (PABSS) program was established under the Ticket to Work and Work Incentives Act of 1999. This law authorizes the Social Security Administration to fund each State’s protection and advocacy system to provide work incentive assistance to SSDI and SSI beneficiaries seeking vocational rehabilitation, employment and other support services to secure, retain or regain employment.

Records Corrected While *Angela was applying for a job, she was required to have a background check as part of the application. Due to a coding error, 14 years ago, by an out-of-state SSA office, the background check mistakenly identified her as having a disqualifying mental health diagnosis.

As a result, she was denied the job. DRNY successfully obtained an SSA file reconstruction and written confirmation from the SSA local Disability Determination Review Director that Angela’s record was corrected.

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*The names of our clients have been changed to respect their privacy.

Successful Reconsideration *Jamie has always wanted to be a firefighter with the FDNY. She passed the written test, but FDNY refused to consider her any further in the process until she was no longer receiving social security disability benefits. Jamie was receiving those benefits because she was previously unable to work and they were Jamie’s only source of income. DRNY successfully obtained a reconsideration of her Proposed Disqualification status and submitted additional medical information to avoid disqualification. Jamie received a “Probable Permanent Position” and was provided certification to train with the FDNY.

PABSS PROGRAM | 11

PADD Program Our Protection & Advocacy for individuals with Intellectual and Developmental Disabilities (PADD) program was created by the Developmental Disabilities Assistance and Bill of Rights (DD) Act of 1975. PADD was established to protect the legal and civil rights of people with intellectual and developmental disabilities.

Neglect in Day Program and Discrimination by Police Department and District Attorney’s Office DRNY was contacted to represent a woman who alleged she was sexually assaulted by another participant at her day program.

DRNY attorneys were there for her to report the assault and the details surrounding it. Using her interview, records, and P&A authority, DRNY attorneys were able to show there was evidence that the local authorities and District Attorney’s office did not do enough in this investigation. The local authorities did not even interview the victim. We also found out there have been other reports involving victims with intellectual or developmental disabilities who were discriminated against by these agencies.

DRNY is both addressing the discriminatory practice, failure to act on the victim’s behalf due to her disability, and investigating the agency where the assault occurred. DRNY will be showing a Know Your Rights presentation for program participants.

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*The names of our clients have been changed to respect their privacy.

Advocacy on Behalf of Clients to Obtain Eligibility for HCBS Waiver Services DRNY assists people in securing Home and Community-Based Service Waivers. If not for these services, individuals are at constant risk of institutionalization, injury, and criminal justice involvement. In 2016 DRNY tried to represent *Jackson, who was denied eligibility for supports and involvement from the Office for People With Developmental Disabilities (OPWDD). However, we were not successful in getting him the services because of New York State’s reliance on rules that had not yet been put into effect with the Administrative Procedures Act. DRNY persisted and ultimately helped Jackson get further psychological testing after the hearing. From the results of the testing, Jackson was given a diagnosis of autism. DRNY advocated and helped him reapply and eventually receive these much-needed services.

Educating State and Federal Policy Makers on Problems with a Managed Care Model for Delivery of Community-Based Services to People with Intellectual and Developmental Disabilities DRNY has submitted comments and testimonials to the State Committees on Mental Health and Developmental Disabilities. These comments and testimonials are in response to Governor Cuomo’s proposed budget for OPWDD and the transition to managed care. Our comments highlight extremely important aspects of this transition, such as insufficient outreach and stakeholder involvement, lack of testing and analysis, inadequate due process protections, and insufficient supports for those with complex needs that will likely lead to institutionalization. We highlight the failure of the State to show how this transition to managed care will address current issues such as the absence of direct support professionals to provide critical services to people with disabilities and their families.

PADD PROGRAM | 13

PAIMI Program Our Protection & Advocacy for Individuals with Mental Illness (PAIMI) program was established

by Congress in 1986 and receives funding from the Substance Abuse and Mental Health Services Administration. The purpose of the PAIMI program is to protect and advocate for the rights of people with mental illness.

Advocacy for Jail-Based Mental Health Treatment While he was confined in the special housing unit at the Dutchess County Jail,*James was psychiatrically deteriorating and refusing to eat. After a call from his mother, we worked to increase the intensity of his jail-based mental health treatment, including an admission to an inpatient bed. We were able to get the Jail to move him into the medical unit. Once he stabilized, James was successfully moved to the general population until his transfer to the state prison system.

On a systemic level, the Jail changed its health care providers and now extensively screens incarcerated individuals prior to being placed in segregation. Finally, the Jail agreed to add a mental health unit with dayrooms in 20212023.

Emotional Support Dog Allowed *John’s landlord would not allow him to have an emotional support dog as a reasonable accommodation for his major depression and anxiety. The landlord had a no-dogs policy at the apartment complex. After two years of litigation and appeals, John was allowed keep his emotional support dog. The Court also found that his landlord had retaliated against him and ordered a trial on this claim.

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*The names of our clients have been changed to respect their privacy.

Education Quality Assurance *Marcus wanted to continue receiving his special education services while he was being detained in a county jail. The jail refused to provide him those services while he was housed in administrative segregation.

DRNY filed a complaint with the State’s Special Education Quality Assurance. As a result, the school district is required to evaluate Marcus’ educational needs, convene a committee on special education, and determine what compensatory services will be provided to assist him pursue his high school equivalency.

Additionally, the county jail is required to revise its intake and education procedures to ensure that all eligible students who are incarcerated receive appropriate educational services.

M.G. v. Cuomo DRNY filed a class action lawsuit on behalf of New Yorkers with serious mental illness who have been held in prison beyond their release dates because of a lack of community-based mental health housing programs.

Our clients have either fully completed their sentences, or reached their approved parole dates or conditional release dates, yet DOCCS continued to confine them—in one case, 16 months past a release date. In each case, the Office of Mental Health had determined that the person should be released to supportive housing or similar residences in the community. But because the State has failed to ensure the necessary capacity in community-based mental health housing, people suffer in prison, awaiting a placement.

The lawsuit seeks to require New York State to create an effective plan for community integration, which includes developing a range of communitybased mental health housing for those who have been approved for parole or completed their criminal sentences. This remains an active case.

PAIMI PROGRAM | 15

PAIR Program Our Protection and Advocacy for Individual Rights (PAIR) program was established under the Rehabilitation Act as amended in 1993. In our PAIR program, we protect and advocate for the legal and human rights of people who are not eligible to be served under the other P&A programs at DRNY.

Action on Unsafe Conditions in a Nursing Facility After receiving multiple calls from female residents in a New York City Health and Hospitals facility, DRNY found that the women had been told that they were going to be relocated to a different building in the complex. The notice was abrupt and they had not been given any information about why the move was happening. They were also given no opportunity to be heard about their concerns.

In talking with the women, we found that this building had a history of security issues. One of those issues was that non-residents had been entering the building and committing criminal acts against the residents. The women were also concerned that the floor selected for the relocation was inaccessible to residents with physical disabilities.

We toured the floor where the residents were to be relocated, we noted several deficiencies consistent with the women’s reports and we brought them to the attention of the administrators. The next day we met with the Executive Director, the security team, the social work team and two attorneys for the facility. Based upon the concerns we raised, the move was permanently cancelled.

16 | PAIR PROGRAM

*The names of our clients have been changed to respect their privacy.

Advocacy for Safe Discharge from Nursing Facility to Home After an unreasonably long stay in a nursing facility, Paula was very clear that she wanted to return home to her apartment, her beloved cats, and all of her extended family and neighbors.

Paula had no designated proxy or guardian and some of her children were unconvinced that she could live at home even with supports. The nursing facility also blocked her efforts to begin discharge planning.

We educated the facility about their legal obligations to honor Paula’s desires. We met with Paula’s family members and the facility administrators on several occasions. After significant advocacy, DRNY was finally able to facilitate her transition home with appropriate nursing care in place.

DRNY produced a short documentary about Paula’s experience. We hope to educate other people similarly situated and the providers who are charged with their care. Although Paula recently passed away, she was able to live the end of her 91 years where she so wanted to be – at home with her family. You can find her video here: Paula: A DRNY My Story.

PAIR PROGRAM | 17

PATBI Program Our Protection & Advocacy for Individuals with Traumatic Brain Injury (PATBI) program is authorized by the Traumatic Brain Injury Act of 1996 and was reauthorized as part of the Children’s Health Act of 2000. In the PATBI program, we ensure that people with TBI and their families have access to information, referrals and advice, individual and family advocacy, legal representation, and specific assistance in self-advocacy.

Successful Challenge to Inappropriate Discharge *Deborah was inappropriately discharged from the TBI waiver program. The Department of Health (DOH) asserted that her service needs were related to her serious mental illness and to her chronic physical health conditions, and not her TBI. They also claimed that she would be better suited to receive services through another Medicaid program.

We successfully challenged this discharge by presenting medical evidence that proved Deborah’s needs are substantially related to her TBI. The hearing officer ordered DOH to reinstate Deborah to the TBI Waiver program and provide her with the services she needs to remain in the community.

Advocacy for Safe Transistion into the Community *Nora contacted us seeking assistance in obtaining TBI Waiver Program supports to help her safely transition from a nursing facility to the community. We connected her with Open Doors and provided technical assistance and guidance, while Open Doors assisted her through the transition process. With assistance from DRNY, Nora safely and efficiently transitioned from the nursing facility into the community.

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*The names of our clients have been changed to respect their privacy.

Notice of Discharge Withdrawn: Saftey and Support Prioritized The Westchester Independent Living Center contacted DRNY about *Robert who was facing immediate discharge from a nursing facility to a local homeless shelter. The facility argued that he could be safely discharged to the shelter, despite his severe impairments in memory and judgment. After negotiations with the facility, they withdrew their notice and permitted Robert to remain there. DRNY has continued working with Robert and his advocate to help him obtain TBI waiver services so that he can eventually return to the community safely and with supports in place.

PAVA Program The Protection & Advocacy for Voting Access (PAVA) program was created by the Help America Vote Act of 2002. In our PAVA program, we ensure that every qualified person with a disability has access to vote on Election Day.

What’s New At The Polls?

New York State Implemented Statewide Early Voting In 2019, New York State implemented Early Voting across the state. Early Voting allows New Yorkers to vote in person at designated early voting polling locations in each county. During the 2019 General Election’s early voting period, DRNY surveyed 41 polling locations in 22 counties.

DRNY discovered at least one significant barrier to the polls at 32 polling locations. DRNY provided each County Board of Elections office with a report of our findings.

20 | PAVA PROGRAM

32 of 41 polling locations surveyed in New York State had at least one barrier to accessibility during the 2019 General Election.

PARP Program The Protection & Advocacy for Representative Payees (PARP) program was created for the Beneficiaries of Social Security Benefits who have representative payees.

Strengthening Protections for Social Security Beneficiaries As each of the Rep Payee Program staff members was hired, DRNY immediately initiated the security clearance process. As of December 2019, all members of the Rep Payee team had successfully been cleared.

DRNY initiated 134 Case Reviews, an average of 26.8 cases a month. In addition, DRNY identified an additional seven (7) self-generated Case Reviews appropriate for nomination to SSA. The DRNY Intake Team is now working closely with the Rep Payee Team to identify Service Requests that can be assigned to the Rep Payee Team. These Service Requests include requests for information on how to either become your own Payee or how to change Rep Payees.

PARP PROGRAM | 22

Native American Legal Assistance Clinic DRNY joined a monthly legal clinic to serve the Indigenous population in Western New York. We collaborated with the Native American Community Services of Niagara Counties, Inc., Lippes Mathias Wexler Friedman (LMWF), LLP, Erie County Bar Assoc., and the Volunteer Lawyers Project for this project. The clinic was created in 2019 in an effort to fill a void because there was a lack of legal service providers for low-income Native Americans in Western New York.

Four of the eight federally recognized tribes in New York State have a presence in Western New York and the surrounding area – the Cayuga Nation of Indians, Seneca Nation, the Tonawanda Band of Senecas, Tuscarora Nation. There are over 19,000 Native Americans living in Erie, Cattaraugus, Chautauqua, Genesee, Niagara and Orleans counties, all of whom are able to come to the clinic for free legal assistance.

The clients of the clinic can get answers to local, county, state, federal, or tribal legal questions. DRNY supports the clinic by providing at least one attorney each month at the clinic to address any disability related questions.

The clinic’s founder, Lee M. Redeye, Esq., a member of the Seneca Nation and an Associate at LMWF, received awards for his work from the Erie County Bar Association and the New York State Bar Association. DRNY will continue to support this clinic and the Indigenous population in Western New York.

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In Action Marketing & Communication The Marketing and Communication Department informs the public about our services, what we have accomplished and what your rights are. With that in mind, we developed a strategic and goal centered plan to identify areas to focus on and approach from a person-first perspective, ensuring that it includes all members of the community.

Expanding DRNY’s Outreach Our Marketing department produced 56 graphics, 27 podcasts and 9 videos. Our first film festival run with our documentary, Connie: A DRNY My Story (2019), had five official selections including the New York State International Film Festival, Adirondack Film Festival and Lake Placid Film Festival.

IN ACTION | 24

2019 FINANCIAL REPORT Each year our finance department ensures that our funding and our programs are managed successfully.

Expenses

Grants

FINANCIAL REPORT | 26

ALBANY

BROOKLYN

ROCHESTER

725 Broadway, Suite 450 Albany, New York 12207-5001

25 Chapel Street, Suite 1005 Brooklyn, New York 11201

44 Exchange Blvd, Suite 110 Rochester, New York 14614

DRNY is supported at taxpayer expense by the U.S. Department of Health & Human Services, The Administration for Community Living; Center for Mental Health Services, Substance Abuse & Mental Health Services Administration; U.S. Department of Education, Rehabilitation Services Administration; and, the Social Security Administration.

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