PLA4525 Disability Law Final

The term dwelling in the FHAA can best be defined as

"any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of [a future dwelling]."

The Social Security Disability Administration defines a disability as "the inability to engage in any substantial gainful activity by reason of any medical determinable physical or mental impairment, which can be expected to result in death or can be expected to last for a continuous period of not less than twelve months.

"the inability to engage in any substantial gainful activity by reason of any medical determinable physical or mental impairment, which can be expected to result in death or can be expected to last for a continuous period of not less than twelve months."

Section 503 requires every contract of _________________ with the Federal Government to include a provision that requires the contracting party to not discriminate against disabled individuals

$10,000 or more

Under the Fair Housing Act Amendment (FHA) one is disabled for the purpose of public housing if

-a person has a physical or mental impairment that substantially limits one or more major life activity -is regraded as having such an impairment -has a record of such impairment ALL OF THESE are potential compoents of the definition

To qualify for SSDI, an applicant must prove that their disability will affect their ability to work for at least ______________.

12 months

To qualify for SSI, an applicant must prove that their disability will affect their ability to work for at least ______________

12 months

An employer must have at least _____________ employees to be governed by the ADA

15

Fill in the blank. Currently, in the United States there are a documented 13% of Americans living with disabilities. However, that number is more likely closer to ________ % as many people do not self report or self-identify as disabled because their disability does not significantly impact their lives

20

Fill in the blank. In 2017, the percentage of Disabled Americans who had NOT received their high school diploma was almost ______ %

20

Special rules apply to multi-family dwelling regarding the disabled. The law defines a multi-family dwelling as a building consisting of _______ units

4 or more

Section __________ of the Rehabilitation Act works in conjunction with the ABA to provide additional assistance to disabled Americans attempting to navigate their world. As it requires accessibility for all federally mandated programs, necessarily this would mean that disabled individuals need access to the buildings that house these programs

504

Access to electronic information is governed by Section _________ of the Rehabilitation Act

508

A condition is considered minor in nature if it lasts

6 months in duration or less

Statistics vary but most report that about ________ of applicants are denied on their first attempt to get benefits.

70%

The Federal Law that is known as "a clear and comprehensive national mandate for the elimination of discrimination" against the disabled is the

ADAA

A commercial facility under Title III of the ADA can best be defined as

ALL OF THESE -not expressly covered by the FHA -not railroad cars -intended for a nonresidential use by a private entity

Title II of the ADA applies specifically to state and local governments as employers. The statute defines this term as

ALL THESE ARE CORRECT -instrumentalities of any state or local government -special purpose districts -agencies

The _________________________________ created a barrier free world for the disabled

Architectural Barriers Act (ABA)

All of the following are conditions that automatically qualify as a physical impairment except

Depression

Entities can prohibit disabled individuals from participating in services or programs when it would be a danger to others to do so. The disabled individual must pose a _________________

Direct Threat

Based on the test for a disability any party trying to invoke protections under a federal disability law must first prove the answer is yes to which one of the following questions first before moving forward

Does the impairment impact one or more major life activities? Does the impairment substantially limit the major life activity? Does the person's condition constitute a mental or physical impairment? ALL OF THESE

Section 504 prohibits discrimination in any program run by what branch of the government?

Exceutive

In determining if someone is a "qualified individual" a determination should be made based upon how a disability could affect job performance in the future.

F

It is illegal for an employer to demand proof of disability when a disability is not obvious before providing a reasonable accommodation

F

The definition of a public accommodation is typically dependent on the size of the venue or the number of employees found there

F

Whether someone is no longer legally blind with the use of contact lenses or eyeglasses has no bearing if they qualify as disabled under Federal Law

F

An applicant must be ill or unemployed for twelve months before applying

False

Medicaid is provided to SSDI recipients.

False

Medicare is provided to SSI recipients.

False

Mental illness was considered a disability in initial Social Security legislation

False

The fifteen employee threshold applies to private entities and state and local governments

False

Before the creation of the ADA, all of the following governed transportation in the US except

Federal Railroad Transportation Act

Only an employer's ___________ costs are considered in determining whether an accommodation is reasonable

Net

The statute of limitations for a section 504 claim is ____ years

Section 504 does not set out a specific statute of limitations time frame

All of the following are laws in the public domain that act to protect disabled Americans from discrimination in employment except:

Section 508 of the Rehabilitation Act

The most likely reason that punitive damages are not awarded in 504 cases is based on the concept of

Soverign Immunity

A federal agency must know that a person has a disability first before they can be found to have discriminated based solely on disability

T

Federal contractors can seek a waiver to not comply with Section 503 of the Rehabilitation Act

T

If a US employer controls a corporation whose place of incorporation is outside the US, the ADA still applies.

T

If a private golf course allows the general public to play golf there only on Sundays then it must comply with the mandates of the ADA.

T

Section 504 did not guarantee a disabled individual the right to sue an agency for failure to comply with the requirements of the act.

T

The ABA only applies to federally owned, leased, or financed buildings

T

The State of Georgia must recognize the State of Florida's finding that an individual qualifies for disabled parking privileges

T

Section 504 is policed by which federal agency

The Department of Health and Human Services (DHHS)

The IDEA stands for

The Individuals with Disabilities Education Act

Which of the following correctly reflects the appeal process in social security disability cases?

The application process and initial denial /the reconsideration process where a second look is taken at the initial application/ an administrative law judge/the Appeal Council/a federal District Court

How does a non-disabled individual's discomfort affect their ability to interact with disabled individuals?

This aversion can result in an inability to connect with a person and prevent better understanding of the issues facing this population

A religious school never has to provide accommodations to the public even if they provide services to the public.

True

Courts have even expanded the definition of a public accommodation to include virtual sites such as Amazon or Ebay.

True

If a landlord is covered under the FHAA it is illegal for them to not install a handicap ramp on a residential property if it is considered a reasonable accommodation under the law

True

It is possible for an individual to qualify for both SSI and SSDI at the same time.

True

A reasonable accommodation can best be defined as

a modification or adjustment to the job application process, to work environment, or to the manner or circumstances under which the job is performed or a modification or adjustment that allows a disabled employee to enjoy the same benefits and privileges enjoyed by non-disabled employees so long as such modification or adjustment does not impose an undue hardship on the employer's business.

How does federal law define a physical impact in disability law?

a physical impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of stautorily listed body systems

As it applies to transportation, the ADA requires

a recipient of DOT funds comply with its Section 504 obligations by complying with its ADA obligations

Often courts will apply a "but for" test to determine if discrimination has occurred based solely on disability. The but for test can best be described as

a violation occurs if the entity would have acted differently "but for" the individual's disability

The time to receive an initial response regarding an award from Social Security is about

about 6 months

Part 1 of Division B of Title II of the ADA covers any conveyance except

air travel

Whether a person is a qualified individual for a job is best determined by

an employer

The safety defense can best be described as

an individual with a disability is not qualified for a job if his or her presence in the position could pose and danger to themselves or others

The term integrated setting can best be defined as

an option that disabled individuals must be provided services that are as close as possible to the one experienced by the nondisabled

Federal law defines a mental impairment as

any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, or mental illness, and specific learning disabilities

Section 504 applies to all of the following scenarios except

any program that had been approved by Congress

In social security disability cases, attorney fess are paid

by being taken out of a percentage of back benefits a claimant may receive.

In determining if a major life activity is affected, a court should consider all of the following factors except:

can technology assit the disabled indivudal

Federal law defines a major life activity as activities that involve

caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. AND the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. BOTH OF THESE

The case of United States Department of Transportation v. Paralyzed Veterans of America, 477 U.S. 597 (1986) created the precedent that

commercial airlines do not receive financial assistance from the federal government and are not bound by Section 504 of the Rehabilitation Act

Part 2 of Division B of the ADA specifically deals with

commuter rail services

Most federal laws define an individual with a disability as someone who

has a physical or mental impairment that substantially limits one or more of the individual's major life activities and has a record of such impairment or; is regarded as having such an impairment

All of the following are examples of receiving federal assistance under 504 except

in kind gifts

Initial Social Security Disability legislation is different than what is offered today because

it only provided rehabilitation for the disabled and not cash assistance

All of the following are factors that must be considered in determining whether a person's impairment substantially limits a major life activity except:

its affect on limiting a person from finding gainful employment

"Essential functions" of a job can best be defined as

job tasks that are fundamental and not marginal

Deliberate indifference required for monetary relief for discrimination claims under 504 can best be defined as

knowledge that an action is substantially likely to harm a federally protected right and failure to act upon that likelihood

All of the following are examples of reasonable accommodations except:

personal items for an employee such as eyeglasses or a wheelchair

The mandates of Section III of the Americans With Disabilities Act (ADA) focus on

private entities that operate places that provide public accommodations

The Department of Housing and Urban Development (HUD)'s role in protecting the disabled can best be defined as

prohibiting discrimination against disabled Americans by any person in the business of selling or renting dwellings

Section 503 of the Rehabilitation Act

prohibits employers with federal contracts (or subcontracts) from discriminating against applicants and employees with disabilities and requires affirmative steps to hire, retain and promote qualified individuals with disabilities.

All of the following would be considered "covered entities" under Title I of the ADA except

religious organizations

Section 508 of the Rehabilitation Ac

requires federal agencies' information and communications technology to be accessible to people with disabilities—including not only members of the public but also employees

The mandates of Section II of the Americans With Disabilities Act (ADA) focus on

state and local governments

Simply having a disability is not enough to qualify as disabled. The individual must also demonstrate that the disability

substantially impairs one or more major life activities

SSI is funded by

tax dollars collected by the federal government.

The case of EEOC v. Metropolitan Education Enterprises, Inc., 519 U.S. 202 (1997),stands for the proposition that

the "payroll" method is the proper way of determining who is and is not an employee

What event played a major impact on how Social Security Disability laws were written?

the Great Depression

The first major piece of legislation out of the Federal Government to address discrimination of the disabled was

the Rehabilitation Act

SSDI is funded by

the Social Security Trust Fund

Most Social Security Disability decisions are ultimately resolved with

the administrative judge.

The Federal Benefit Rate (FBR) changes year to year based on

the cost of living

When litigating in court whether an accommodation is reasonable

the disabled person presents evidence that the requested accommodation is reasonable, then it falls on the entity to present evidence that the modification is an undue burden or fundamentally changes the nature of the program or service

In determining what an essential function of a job is all of the following are important except

the employee's expectation

The ADA applies to all of the following entities except

the federal government

The ADAAA states that "an individual meets the requirement of being regarded as having such an impairment if......

the individual establishes that he or she has been subjected to an action prohibited under [the ADA] because of an actual or perceived physical or mental impairment...."

All of the following are factors to consider in determining what essential functions of a job are except

the number of employees it takes to perform the task appropriately

The term "qualified individual" under the ADA can best be described as

the person can perform the essential duties of the position with the assistance of a reasonable accommodation

All of the following are responsibilities of the Architectural and Transportation Barriers Compliance Board except

to award grants to study innovative ways to create a barrier free world for the disabled

The purpose of Supplemental Security Income (SSI) is

to help disabled individuals, including children, who need extra assistance in living comfortably.

The purpose of Social Security Disability Insurance (SSDI) is

to help individuals who could no longer work at a "typical, full time job."

Fill in the blank. If you are disabled, you are over _____________ as likely to need someone to financially support you

twice

As we studied, SSDI requires "paying into the system" to receive a benefit. However, there is an exception for one group. That group is

widows/widower

All of the following are ways to apply for social security benefits except:

write a letter to your local Social Security office