Services to People with Disabilities

Accessibility

Pursuant to Section 504c of the Rehabilitation Act, Title II of the ADA, and California Government Code 11135, the Social Services Agency is required to provide equal access to its programs, services and benefits for qualified applicants and recipients with disabilities.

It is the policy of SSA to ensure that people with disabilities are not excluded from participation in or denied the benefits of the programs, service or activities, or otherwise subject to discrimination. This includes the obligation to provide reasonable accommodations to qualified individuals with disabilities and effective communication through auxiliary aids and services. Additionally, staff is required to determine whether a beneficiary or applicant needs additional assistance due to a disability and to determine how to best accommodate them (i.e. providing reasonable accommodations).

Reasonable Accommodations

A reasonable accommodation is a change in the policies or procedures that is necessary to help a person with a disability access services or programs. Reasonable accommodations should be provided in the most integrated setting and should not be provided in a separate setting or different manner; unless doing so is necessary to ensure that the person with a disability is able to access services.

Note: For purposes of this chapter and its application towards SSA clients, the term "reasonable accommodations" will be referred interchangeably with "special accommodations," to help coincide with CalSAWS-specific terminology.

This nondiscriminatory policy applies to clients, including applicants, recipients, participants, and other qualified individuals with disabilities. The responsibilities addressed in this section apply to all staff who have client contact, i.e. Eligibility Workers, Employment Counselors, Clerical, Contractors, Vendors, etc, that provide benefits and services directly to applicants, recipients, participants, clients, and other qualified individuals with disabilities.

Definition of Disability

Title II of the ADA prohibits counties from excluding from participation, denying benefits and services to, or discriminating against any qualified individual with a disability.

The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the minimum eligibility requirements for the receipt of services or participation in programs or activities provided by a public entity.

Under the ADA and Section 504 of the Rehabilitation Act, the term "disability" is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regards as having such an impairment.

This is a broad definition, covering many individuals. It is much broader than the definition of disability under various disability benefits programs and covers many people who do not receive and do not qualify for disability benefits.

The key concepts in this definition of disability are further explained in the sections below.

Who Is Protected

The definition of disability is broad and includes individuals who may not qualify for disability benefits. A disability is any condition/s that limit one or more major life activities. These impairments can be physical or mental. Examples of physical and mental impairments include, but are not limited to:

Physical: blindness, low vision, deafness, hearing impairment, cerebral palsy, orthopedic conditions, epilepsy, tuberculosis, diabetes, cancer, multiple sclerosis, heart disease or HIV.
Mental: intellectual disabilities, organic brain syndrome, major depressive disorder, bipolar disorder, post-traumatic stress disorder, attention deficit disorder, autism, or learning disabilities such as dyslexia.

Major life activities include:

Everyday tasks and functions, including, but not limited to walking, standing, lifting, bending, performing manual tasks, speaking, hearing, seeing, breathing, communicating, eating, sleeping, taking care of oneself, learning, reading, following instructions, concentrating, thinking, remembering, interacting with others, and working; and
Major bodily functions, including, but not limited to bladder, bowel, genitourinary, digestive, immune system, respiratory, neurological, circulatory, cardiovascular, special sense organs and skin, hemic, lymphatic, musculoskeletal, endocrine, and reproductive functions.

For an impairment to substantially limit a major life activity, the person must have greater difficulty performing the activity than most people in the general population. The definition of disability also includes people who have a record of a disability, whether or not they are currently disabled, or who are regarded as having a disability, whether or not they are actually disabled. This means that discriminatory treatment of an individual because they are perceived as having a disability or were in the past disabled, are both prohibited under the ADA.

The ADA also guarantees equal access to individuals who are known to have a relationship or association with someone with a known disability.

It is important to note that the definition of disability under the ADA and Rehabilitation Act is not the same as the definition of disability in CalWORKs/ Refugee Cash Assistance regulations for determining Welfare to Work (WTW) exemptions, Employment-Directed Education/Training exemptions, or exemptions to the 60-month time limit. For example, an individual may be considered disabled under the ADA and Rehabilitation Act and require accommodation but not qualify for a WTW disability exemption. It should also be noted that the right to special accommodation under the ADA or Rehabilitation Act is not contingent upon qualifying for a WTW exemption or 60-month time limit exception, they are different and analyzed separately.

Safety

The ADA does not require public entities to allow a person with a disability to participate in or benefit from its programs, services, or activities if that person poses a direct threat to the health or safety of others. A direct threat is defined as a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by modification of policies, practices, or procedures (i.e., a reasonable accommodation), or by the use of auxiliary aids or services. The determination that someone poses a direct threat must be based on objective factual evidence and an individualized assessment. Factors to consider in determining whether an individual poses a direct threat include:

The nature, duration and severity of the risk;
The probability that the potential injury will actually occur; and
Whether reasonable modifications of policies, practices, or procedures will mitigate or eliminate the risk.

Even when an individual poses a significant or ongoing safety risk to others, staff must still consider the third factor outlined above.

Example Example An individual who experiences unpredictable and severe episodes of violence due to a mental health disability might pose a serious risk to staff or members of the public while in the office. If the polices, practices, or procedures are modified to allow that person to conduct all business via mail, telephone or email, without having to physically come to the office, that individual would not pose a direct threat and would be entitled to equal access to the programs, services and activities provided.

Staff will consult with their Supervisors and/or Managers to determine how to best address concerns when there are instances of safety issues.

Reasonable Modifications to Policies, Practices, and Procedures

Reasonable modifications, also known as reasonable or special accommodations, may be necessary to allow a qualified individual with a disability to access a program or service, to comply with program requirements, to participate fully in programs, services and activities, or to avoid potential sanctions for disability-related noncompliance with program rules.

The following rules and guidelines apply to the provision of special accommodations:

Notice

All clients, applicants, participants, recipients, beneficiaries, and other interested persons are notified of the right to request special accommodations and the protections against discrimination on the basis of disability. A special accommodations poster titled Need Help is displayed in office lobbies and informs clients of their rights to notify county staff of a disability. In addition to the poster, the Your Rights Under California Welfare Programs is required to be in office lobbies and included in client interview packets. For more information, refer to the Disability and Non-Discrimination Requirements topic.

Identification of Disabilities

Staff shall offer to assist an individual in self-identifying the disability and/or appropriate disability-specific accommodations when there is actual knowledge of an individual’s disability, or when an individual’s need for an accommodation is obvious.

When a disability is known or obvious, staff have an affirmative obligation to determine whether a client needs additional assistance due to a disability and, if applicable, to provide a disability-specific accommodation. The following is a non-exhaustive list of scenarios in various DEBS programs when a disability is known or obvious:

The individual uses a mobility device or is assisted by a service animal.
The individual requests an auxiliary aid, such as large print or ASL interpretation.
The individual's case history indicates a disability. For example, they are receiving or have a history of receiving disability-based services such as In-Home Supportive Services (IHSS), disability-linked Medi-Cal, or regional center services.
The individual reports receipt of an income source for people with disabilities, such as Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), State Disability Insurance (SDI), or Cash Assistance Program for Immigrants (CAPI).
The individual verbally states they have a disability.
The individual indicates they have trouble with a major life activity, even if they don't use the word "disability." (Examples: "I have trouble remembering things people tell me," or "I have trouble moving around.")
The individual indicates on an application, redetermination, or other form that they have a disability or need assistance.
The individual requests a disability-based exemption from Employment Services or Employment-Directed Education/Training.
The individual submits a good cause request due to a disability-related reason.
The county receives medical verification or health records reflecting a disability.
A contracted service provider alerts the county that the individual disclosed a disability and/or made a reasonable accommodation request.
The individual requests a referral for mental health or learning disability screening or services.
Results from the learning disability screening, learning disability evaluation, Online CalWORKs Appraisal Tool (OCAT), or mental health evaluation reveal a disability or potential disability.
The individual discloses a disability in another context, such as sponsor deeming.
The individual requests counseling to identify or improve physical or mental health conditions.
The individual requests assistance obtaining a waiver from English and civics requirements for naturalization, due to a disability.
Disability-related information is discovered when considering a cause determination for the individual.
Notes from the Inter County Transfer (ICT) sending county reflect a disability.

Offering Special Accommodations

Once a disability is known or obvious, the SSA staff must ask whether an accommodation is needed, whether or not the individual requested an accommodation. This obligation remains unchanged whether service delivery occurs in person or by phone/ remotely. The obligation to offer special accommodation when a disability is known or obvious begins at first contact and is continuous throughout the individual's participation in DEBS programs.

Any difficulty meeting program requirements or complying with reporting requirements could indicate the presence of a disability affecting an individual's ability to comply. If a disability is already on file, SSA staff must ensure that accommodations are offered and, if needed, provided. If accommodations are already being provided, staff should explore the need for additional and/or different accommodations. If the individual does not have a disability on record, but is having difficulty meeting program requirements, the county should again inquire whether the individual would like to request an accommodation.

SSA staff should use plain language when offering accommodations, and it may also be beneficial to use descriptive language. For example, a survivor of domestic abuse is having trouble meeting Employment Services participation requirements. Instead of asking, "Do you need a reasonable accommodation," or "Do you have a disability that makes it hard for you to participate in WTW?" Staff may consider asking, "Sometimes when we are harmed, everyday activities can become more difficult. For example some people who have been through difficult situations have trouble remembering things. Is it difficult for you to do anything that we have asked you to do?" For further examples, please refer to the Special Accommodations topic in the section labeled Special Accommodation Examples.

Requests for Special Accommodations

Any request for a change in the normal policies, practices, or procedures because of a disability, should be treated as a special accommodation request. There are no words or specific phrases an individual must use to initiate a special accommodation request. The individual does not need to use the words "disability" or "reasonable accommodation." SSA staff should listen closely to individuals for special accommodation requests that may use descriptive or indirect language. For example, an individual may ask, "Do I need to stand in line when I visit the office for my appointment?" The individual may have a physical disability and be concerned about experiencing discomfort caused by standing. Staff should ask whether they have trouble standing and explain the accommodations available at reception.

Individuals are not required to use a specific form to request an accommodation. DEBS staff may use the Need Extra Help Form (SCD 2371) to assist as a triage form to determine if any accommodations are needed. Special accommodation requests may be made in person, by telephone, or in writing by an individual or another acting on the individual’s behalf. It is not necessary that the person requesting the accommodation on another’s behalf be an authorized representative.

A non-disabled individual may request an accommodation that is needed due to the disability of another person with whom they are associated, such as a family member.

Example Example A parent with a disabled child may need an accommodation if the child’s disability prevents the family from being able to wait in a crowded waiting room.

The ADA does not require that an individual have a medical diagnosis of a specific disability or medical condition to be entitled to a special accommodation. Likewise, an individual does not need to disclose a specific diagnosis or condition before requesting an accommodation, and SSA staff must not ask for verification to request a special accommodation. An individual only needs to disclose a disability-related need for the accommodation being requested. SSA staff must not challenge the legitimacy of the disability or question the individual's need for an accommodation. An SSA staff member may, however, ask the individual to clarify the type of help they need or the link between the disability-related need and the requested accommodation. For example, the staff may ask the individual to explain the nature of their disability-related limitation ("What activities are difficult for you?") or how the requested accommodation will facilitate their participation ("Please explain how the accommodation will help you.").

Documenting Special Accommodations

Staff will document all requests for special accommodations and subsequent actions taken in the individual’s case file. Documentation shall include the following information:

The fact that the individual has a disability and/or requested an accommodation. The disability itself may be documented if disclosed by the client but the client is not required to provide a specific diagnosis;
The accommodation(s) requested by the client;
The accommodation(s) provided to the client.

When to Provide Special Accommodations

Providing special accommodations is an ongoing obligation of staff and is not solely determined at an individual’s first contact, application, or intake. Individuals’ needs and program participation requirements can change, presenting new circumstances and the potential need for new or modified accommodations. Whenever such a need arises, staff shall afford the individual a new or modified accommodation and document it in the client’s file. For example, individuals experiencing recent hearing loss may have evolving needs and/or evolving requests as they discover what auxiliary aids and services are effective for them. Additionally, there is no limit imposed on accommodations provided to an individual. Multiple requests for accommodations are not required for individuals with permanent or ongoing disabilities.

Interactive Process

An interactive process will occur when the accommodation provided is not immediately agreed upon, or if a disagreement arises between an individual and staff as to the appropriateness of the accommodation. Staff will engage in an interactive process with the individual requesting the accommodation, or the person acting on their behalf. This process can include discussing the individual’s needs and alternate accommodation options in order to arrive at an accommodation that meets the needs of both the individual and the program.

Denial of Special Accommodation Requests

The request of a qualified individual with a disability may be refused only when the requested accommodations would:

fundamentally alter the nature of the program, service or activity, or
impose an undue financial or administrative burden, taking into account all resources available to the program, service, or activity.

The decision that a requested accommodation would result in a fundamental alteration or an undue burden is made by the Department Manager and Program. A denial NOA must be provided to the individual that states:

that reasonable accommodation request is denied,
the reasons for the denial, and
any other accommodations offered and/or provided.

Staff will document the action and information in the client’s case file. If such a decision is made, an alternative action will be provided to ensure that the individual with a disability can access the benefits or services while avoiding a fundamental alteration or undue burdens.

Staff is prohibited from imposing any eligibility criteria that exclude or screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.

All programs, services, and activities will be provided in the most integrated manner possible. This means services for disabled individuals should not be provided in a separate setting or different manner, unless doing so is necessary to ensure that the individual receives service that is equally effective as the service provided to people without disabilities.

The county will not charge individuals with disabilities to cover the cost of program accessibility, auxiliary aids or services, or other measures that are necessary to provide equal access or avoid discrimination on the basis of disability.

Effective Communication

SSA has the obligation, pursuant to ADA Title II, to ensure effective communication with individuals who have vision, hearing, or speech disabilities. Communication with these individuals must be equally effective as communication with people who do not have these disabilities. SSA staff must ensure they can provide effective communication during all methods of service delivery including in-person, offsite, telephone, and video appointments. Staff cannot require a different household member on the case to be the point of contact with SSA in lieu of providing auxiliary aids or special accommodations to a Deaf or hard of hearing individual. The requirement for effective communication extends not only to applicants or participants in programs and services, but also to their companions.

Note: A companion is defined as “a family member, friend, or associate of an individual seeking access to a service, program, or activity who, along with such individual, is an appropriate person with whom the public entity should communicate.”

Auxiliary Aids and Services

As per CFR Section 102.103, auxiliary aids include but are not limited to services or devices that enable persons with impaired sensory (example: visual or hearing impairment) or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of programs conducted by an agency. Auxiliary aids and services will be provided, in a timely manner, when necessary to communicate effectively and in a way that respects the privacy and independence of the person with a disability.

People who are blind, have vision loss, or are deaf-blind, auxiliary aids and services may include:

providing written communication including forms, notices, correspondence, or other information in large print or braille,
accessible electronic format for use with a screen reader, or
Telecommunication devices for deaf persons (TDD's), or
via audio recording or a “qualified reader.”

Note: A “qualified reader” is someone who can read effectively, accurately, and impartially, using any necessary specialized vocabulary.

People who have a speech disability may require:

additional time,
use of a communication board,
pencil and paper, or other device.

As with spoken language interpretation, an individual with a communication disability is not required to provide their own interpreter. An adult accompanying an individual with a disability may be permitted to interpret only:

in an emergency situation involving a threat to the safety or welfare of an individual/public and no interpreter is available, or
when specifically requested by the individual with a disability, the accompanying adult agrees, and assistance by the accompanying adult is appropriate under the circumstances.

A minor child(ren) accompanying an individual with a disability is not permitted to interpret except in an emergency

involving a threat to the safety or welfare of an individual or the public, and
when no interpreter is available.

Primary Consideration

When deciding what auxiliary aids or services are necessary to provide effective communication, staff must consider how an individual normally communicates, as well as the nature, length, complexity, and context of the communication. If an individual with a disability request a particular auxiliary aid or service, primary consideration must be given to that request. This means that the individuals’ choice of auxiliary aid or service must be granted unless it is demonstrated that:

an equally effective means of communication is available; or
the individual’s chosen means of communication would result in a fundamental alteration to the program, service, or activity; or
the individual’s chosen means of communication would impose an undue financial or administrative burden on the County, taking into account all resources available to the program, service, or activity.

The decision that a particular aid or service would result in a fundamental alteration or an undue financial or administrative burden will be made by the Department Manager and Program. Staff will use the reasonable accommodation denial process to notify individuals of the determination. If such as decision is made, an effective alternative aid or service must be provided if one is available.

General Tips

The following are general communications tips and examples of accommodations described in the proceeding head subsections (which are not exhaustive and can almost always be provided) to be used when communicating and working with people with disabilities:

When offering assistance and the person declines, do not insist. If the person accepts, ask how you can best help him or her, and follow his or her directions.
If someone with a disability is accompanied by another individual, address the person with a disability directly rather than speaking through the other person.
Use people-first language: Avoid referring to people by their disability or diagnosis. For instance, do not call a person “an epileptic” or refer to “the blind.” Instead, say “a person with epilepsy” or “people who are blind.”

Note: “Sample Reasonable Accommodations and Tips for Communicating with People with Disabilities” (SCD 2431) form has been created with Hints and Tips when working with individuals with disabilities and includes sample reasonable accommodations that can be provided.

Visual Impairments

Should the worker become aware that an individual who has a visual impairment needs assistance, or requests assistance, to read or have SSA forms completed, the worker must assist as needed to complete the forms. Alternatively, staff can offer to provide auxiliary aids that will help the individual to complete the required forms if such aids are available and will meet the individual’s needs. The assistance provided must be effective for the individual. For instance, not all people with vision impairments read Braille. As needed, staff can work with the DEBS Policy & Program Bureau or SSA Publishing Services to provide the DEBS Forms Library correspondence in larger font and/or double spaced (not italicized).

Braille

When a client requests services in Braille, contact the Civil Rights Coordinator/Section 504/ADA Coordinator. Refer to Section 504/ADA Coordinator (Civil Rights Coordinator) for contact information. Additional information on Braille requests may be found in Translated Forms, Large Print Font, and Braille in the Language Access chapter.

Communication Tips

When greeting a person who has vision loss, identify yourself and others who are with you.
Face the person and speak directly to him or her in a normal tone of voice. Let the person know if you will be moving from one place to another or leaving the area.
Never pet or otherwise distract a guide dog unless the owner gives you permission.
When offering directions, be as specific as possible and describe any obstacles in the path of travel, such as “the door is at 2 o'clock.”

Hearing Impairments

Should the worker become aware that an individual who has a hearing impairment needs assistance, or requests assistance, the worker must provide the client the necessary accommodation, such as providing a sign language interpreter, Video Remote Interpretation (VRI), the use of auxiliary aids when available, and other required accommodations (refer to Interpreter and Translations Services for language access), or the use of California Relay Services (CRS). The worker is to document in the case file the use of these services.