For the first time since 1990, the Social Security Administration (SSA)has revised the rules about "substantial gainful activity" (SGA). Substantial gainful activity is the amount of money a person with a disability can earn each month without losing eligibility for benefits. Before, a person could earn only $500 per month without being considered by SSA to be substantially gainfully employed. This amount has now been raised to $700 per month. Ordinarily, a person is not considered disabled if he or she can engage in substantial gainful activity.

More information is available at the Social Security Administration Website.

The Social Security Administration has proposed the addition of a new "listing" or set of criteria for eligibility. Currently, SSA's regulations include such a listing for children, while adults with Down Syndrome must file under other criteria (for example, the autism and mental retardation listing). SSA has apaparently come to the realization that children who have Down Syndrome grow into adults with Down Syndrome, and that there is no logical reason for requiring adults with Down Syndrome to file claims for benefits under other classifications. SSA cites simplification of claim evaluation as the reason for the proposed change.

The Arc of Washington and the guardians of three representative persons with developmental disabilities recently filed a lawsuit on behalf of people who are waiting for Medicaid-funded services. Our firm is representing the plaintiffs. We believe that every person eligible for Medicaid is legally entitled to receive those services within 90 days, but often persons with intellectual disabilities and their families have to wait years before a residential placement is available. The suit asks the court to order the State of Washington to follow the law.

Please let us know if you or others that you know would be interested in receiving training from us about the Individuals with Disabilities in Education Act.

Last year Christy Ibrahim helped organize and develop Disability Law, a class for second and third year law students at the University of Washington Law School. This is a class that had not been offered in more than 10 years. Christy served as the teaching assistant and developed the curriculum. Professor Patricia Kuszler was the main instructor. Twenty-eight students took the class and covered the following topics: SSI/SSA, Titles I, II, and III of the ADA, Medicaid/Medicare, Housing Issues, Special Education Law, Guardianship, Special Needs Trusts and Deinstitutionalization. Christy was recently appointed as a part-time faculty member at the University of Washington School of Law, and she and Professor Kuszler will offer the class again this spring.

Christy would be happy to hear any suggestions you have about what to teach these students. She is particularly interested in the students having direct contact with people with disabilities. Also, if you have suggestions about a video or movie that would be valuable for students (one that either realistically or stereotypically depicts people with disabilities) please let her know.

Finally, if your family has an experience with the school district, good or bad, that you would like to share with her, she is compiling a set of real stories to present to the students when they study special education law this year.