Disability News Service, Resources, Diversity, Americans with Disabilities Act; Local and National.

Thursday, February 21, 2013

Pretend Disabled Epidemic: Long Lines Lead to Rise of Wheelchair 'Miracles'



Los Angeles — It happens regularly, airport officials say. A traveler requests a wheelchair, gets pushed to the front of the security line and screened—and then jumps up out of the chair and rushes off into the terminal.

"We call them 'miracles.' They just start running with their heavy carry-ons," said wheelchair attendant Kenny Sanchez, who has been pushing for more than 14 years.

Wheelchair assistance is a vital, widely used airport service, making travel feasible for the elderly and people with disabilities, injuries or limited capability to navigate long airport distances. The 1986 Air Carrier Access Act requires airlines to provide free wheelchair service to anyone who requests it. No description or documentation is required.

Airports across the country say more able-bodied travelers have figured out they can use wheelchairs for convenience, making waits a lot longer for travelers with genuine needs.

At Los Angeles International Airport, airlines and companies that provide wheelchair service estimate 15% of all requests are phony, said Lawrence Rolon, coordinator for disabled services for Los Angeles World Airports. Airport officials estimate nearly 300 wheelchair requests a day are bogus. "It's just a big mess,'' Mr. Rolon said. "Abusers are really impacting the operation.''

Disability advocates say occasional long waits and potential missed flights are a problem. Last year, disability-issue complaints filed by air travelers with the Department of Transportation jumped a hefty 18.3% (DOT doesn't break out wheelchair issues). Los Angeles issued a reminder four days before Christmas last year that free wheelchair services "should be reserved for persons with disabilities and senior citizens with mobility issues.''

Seattle-Tacoma International Airport says it has had an uptick in reports of wheelchair cheating. Orlando International Airport has worked with staff and skycaps to dissuade use unless reserved in advance. The problem continues there even though the airport's very high volume of wheelchairs tends to cancel any timesaving advantage from making a bogus request. "It is a touchy issue and very difficult and can be sensitive,'' an airport spokeswoman said.

Contractors paid by airlines have to fill wheelchair requests on a first-come basis. So a 1:50 p.m. walk-up request might claim an attendant waiting for a 2 p.m. reservation.

Wheelchair-service providers say some passengers running late for a flight will request immediate wheelchair service simply to cut to the front of the security line or to avoid a typical hour-plus wait at Immigration when entering the country. Some just want help with multiple heavy carry-on bags.

Some departing passengers want early boarding privileges and perhaps a seat with extra legroom in the front of the plane, which airlines reserve for passengers with disabilities. Some arriving international passengers see it as a sign of status when an attendant is waiting to greet and guide, even if it's a wheelchair attendant.

LAX handled nearly 2,000 wheelchair requests a day in 2012, or more than 1.1% of all passengers. The heaviest use is on international arrivals. Nearly 4% of passengers arriving from abroad last year requested wheelchairs. An inbound international flight scheduled to land at LAX with 20 wheelchair requests may see that number balloon to 50 requests at the last minute, officials said.

"Some people are scared when they land so extra help makes them more comfortable,'' said Robert Enriquez, manager of wheelchair service for Aero Port Services Inc. "It causes a lot of strain because that employee could be helping someone else.''

Airline service cuts and rule changes have driven some of the increased wheelchair demand. Some travelers say when they request assistance, an airline gate agent or flight attendant often automatically recommends wheelchair assistance. After airlines began refusing to gate-check large strollers, some mothers with infants resorted to wheelchair service to travel the long distance to a boarding gate with bags and a baby. (Umbrella strollers still can be used in terminals and checked at gates; larger strollers have to go with large suitcases as checked baggage.)

At many big hub airports, airlines do provide motorized carts to help passengers, disabled or not, with long distances. (You can flag one down or ask an airline agent to request a pickup.) Most carts run between gates for connecting flights. American Airlines also offers a paid "Five Star'' escort and assistance service, including access to its Admiral's Club lounges, at nine U.S. and five international airports. The service costs from $125 to $275 for one passenger, depending on the airport, plus $75 for each additional adult and $50 for each additional child.

Angela Strickland, a wheelchair dispatcher at the Southwest Airlines (LUV) terminal at LAX, says questionable requests rise during holidays and other busy periods when lines are long and people worry about missing flights.

How can she tell a legitimate request from a bogus one? Sometimes a young, physically fit person will run in and request a chair. A lack of mobility equipment, such as a cane or crutches, might be a tipoff. There's an obvious tell: "People walk in with high heels on and say they need wheelchair service,'' Ms. Strickland says. Travelers with real infirmities almost always wear safer shoes, even if it means carrying nicer shoes in bags, she says.

Most airlines say they don't have any way to quantify bogus requests because they are barred from asking about need or refusing service. "We do our best to accommodate our customers' needs,'' a spokeswoman for Seattle-based Alaska Airlines said.

Costs to an airline can reach more than $40 per wheelchair run because an attendant often spends more than an hour on each passenger. "It's an expense we simply must budget for because the service is vital to customers with disabilities,'' said a Delta Air Lines spokesman.

Abuse adds as much as 20 minutes to the wait for a wheelchair for some disabled passengers at LAX, disability advocates say. The wait at the Tom Bradley International Terminal averages 30 minutes.

Sam Overton, president of the Los Angeles City Commission on Disability and a former California assistant attorney general, says he sometimes waits 20 to 30 minutes for a pusher at the airport. One change he would like to see: First serve those people who made advance wheelchair requests, which are widely seen as legitimate. People who make last-minute requests should be helped after those who reserved chairs, he said.

"It's the dark side of human nature," says Mr. Overton, who has used a wheelchair for 58 years. "There's this mind-set at the airport—this thin veneer of civility. People are focused on themselves and don't think this is a service that other people need."

Article By Scott McCartney | The Wall Street Journal | Feb 20, 2013
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For previous posts on the fake service animals epidemic: CLICK HERE

Young Girl in Wheelchair, 3, Detained by TSA: Caught on Tape - TSA Apologizes for Traumatizing Disabled Toddler



The U.S. Transportation Security Administration has apologized to a Missouri couple after its agents traumatized the family's 3-year-old, wheelchair-bound daughter during a screening and told the mother she could not film the process.

The Feb. 8 run-in Annie Schulte and her disabled daughter had with TSA screeners at Missouri's Lambert-St. Louis International Airport as they were heading to Orlando was caught on tape and posted to YouTube. In the video, 3-year-old Lucy can be seen crying as TSA agents tell Schulte she cannot film the screening.

"To me it was pretty offensive because I was really tuned in when she said that, immediately I'm like, 'OK, hold on, something doesn't seem right.' So I did tell her I was going to wait because I was going to grab my phone," Schulte told ABC News.

Schulte says it all started when TSA agents asked to pat down Lucy and screen her wheelchair. Schulte asked to tape it, she said, but an agent didn't like that.
In the clip, an agent tells Schulte, "it's illegal to do that." She then tells the agent that they cannot touch her daughter unless she can record it.

"The problem is I don't allow anyone to touch my little daughter without being able to record it," she said.

Her husband, Nathan Forck, said Lucy was treated unfairly.

"It bothers me that my daughter was singled out, specifically because she is in a wheelchair," Forck said.

The family says the final straw came when agents refused to return Lucy's stuffed animal Lamby, even though it had already been scanned.

The TSA issued the apology overnight.

"TSA regrets inaccurate guidance was provided to this family during screening and offers its apology," the agency said. "We are committed to maintaining the security of the traveling public and strive to treat all passengers with dignity and respect. While no pat-down was performed, we will address specific concerns with our workforce."

The family says it accepts the TSA's apology, but wants screeners to receive more training to prevent such an incident from reoccurring.

They eventually made it to their final destination, Disney World, where Lucy got to meet Mickey Mouse.

By Gio Benitez | ABC News Blogs | Feb 21, 2012
http://gma.yahoo.com/blogs/abc-blogs/tsa-apologizes-traumatizing-disabled-toddler-135529408--abc-news-travel.html

New Federal Rule Requires Insurers to Offer Mental Health Coverage | Feb 2013

WASHINGTON — The Obama administration issued a final rule on Wednesday defining “essential health benefits” that must be offered by most health insurance plans next year, and it said that 32 million people would gain access to coverage of mental health care as a result.

The federal rule requires insurers to cover treatment of mental illnesses, behavioral disorders, drug addiction and alcohol abuse, and other conditions.

Kathleen Sebelius, the secretary of health and human services, said that in addition to the millions who would gain access to mental health care, 30 million people who already have some mental health coverage will see improvements in benefits.

White House officials described the rule as a major expansion of coverage. In the past, they said, nearly 20 percent of people buying insurance on their own did not have coverage for mental health services, and nearly one-third had no coverage for treatment of substance abuse.

The rule requires insurers to cover benefits in 10 broad categories, including hospital services, prescription drugs and maternity and newborn care.

Ms. Sebelius said the partial standardization of benefits would make it easier for consumers to compare health plans.

In the market today, she said, “it is difficult for consumers to make well-informed choices” because benefits, deductibles, co-payments and other features vary widely among competing health plans.

The rule says the new health insurance policies can be offered at four levels of coverage. Under the least generous policies, known as bronze plans, consumers will pay 40 percent of the costs of covered benefits, on average, and insurers will pay the rest. Under the most generous policies, known as platinum plans, consumers will pay 10 percent. The administration, however, declined to set a uniform national standard and allowed states to set many of the specific requirements.

Minimum benefits will vary from state to state, as each state will have a benchmark plan, reflecting coverage typically offered by employers. In more than 30 states, the benchmark, or standard, is an insurance plan offered by Blue Cross and Blue Shield.

Insurers in each state will generally be required to provide all benefits required by state laws adopted before Dec. 31, 2011. States can require additional benefits, but will have to pay the extra costs themselves.

Carl E. Schmid, deputy executive director of the AIDS Institute, an advocacy group, said he had hoped the federal government would set explicit, uniform national standards.

“We are disappointed,” Mr. Schmid said. “We thought the federal government would spell out essential health benefits in more detail. Patients respond differently to different drugs and often need multiple drugs at the same time. Under this rule, patients might have access to a total of 500 drugs in one state and more than 1,000 in another state.”

Access to autism treatment may also differ. Stuart Spielman, senior policy adviser at Autism Speaks, an advocacy group, said that 32 states had laws requiring coverage of autism treatments and that other states were considering legislation to impose such requirements.

The rule limits the costs to consumers in several ways. For health plans offered in the small-group market, the deductible amount, paid by consumers before insurance kicks in, generally cannot exceed $2,000 for individual coverage and $4,000 for family coverage. Total out-of-pocket costs will also be subject to limits. If a health plan has a network of doctors and hospitals, consumers may be required to pay more if they go outside the network.

The new rule generally applies to all health insurers offering coverage in the individual and small group markets. States will have primary responsibility for enforcing the standards. The federal government said it would step in if it found that a state was not doing an adequate job of protecting consumers.

Federal officials acknowledged that many policies sold in the individual insurance market did not cover all the services required in the new rule. The administration said that many small business health plans “meet or are close to meeting the coverage requirements.”

Under the rule, health plans must provide benefits that have not always been provided by commercial insurers. For example, insurers must cover dental care and vision services for children, as well as “habilitative services” to help people with disabilities keep or improve their skills.

A version of this article appeared in print on February 21, 2013, on page A16 of the New York edition with the headline: New Federal Rule Requires Insurers to Offer Mental Health Coverage .

Article By ROBERT PEAR | THE New York TIMES | Published: February 20, 2013
http://www.nytimes.com/2013/02/21/health/new-federal-rule-requires-insurers-to-offer-mental-health-coverage.html?smid=tw-share&_r=0

Wednesday, February 20, 2013

Man with Down syndrome, dies in police custody in Maryland | Feb 2013

Family Wants Answers After Developmentally Disabled Son Dies In Police Custody

HAGERSTOWN, Md. (WJZ) — A developmentally disabled man died after sheriff’s deputies removed him from a movie theater. Now his death has been ruled a homicide. The case has gotten national attention.

Meghan McCorkell has more on what happened and why.

The incident happened more than a month ago. Now the medical examiner has ruled Ethan Saylor died from asphyxia while in police custody.

Investigators say security was called when 26-year-old Ethan Saylor, who had Down Syndrome, refused to leave a Frederick movie theater.

Off-duty deputies Lt. Scott Jewell, Sgt. Rick Rochford and Deputy First Class James Harris put Saylor in handcuffs, face-down. That’s when police say he suffered a medical emergency and died.

“He has never had anybody put their hands on him before in his life. He would not have been doing anything threatening to anybody,” said Ethan’s mother, Patti Saylor.


The case has sparked outrage, with hundreds commenting on the sheriff’s Facebook page. The sheriff issued a letter, saying in part, “The death of Mr. Saylor was very tragic and I want to assure everyone that a thorough investigation is being conducted.”

The three deputies have been placed on administrative leave pending the results of the investigation. For the past month, they’ve been on the job.

“The family doesn’t and I don’t understand why they were not placed on administrative leave immediately upon the death of someone who was in custody,” said Joseph Espo, the family’s attorney.

Ethan Saylor was a beloved church member. His pastor says he was known for giving hugs to everyone who walked through the door.

“The week after he died, the seat that he sat in was covered in flowers. Dozens of people had brought flowers to remember Ethan,” said Damascus Road Community Church Pastor Richard Fredericks.

Now friends, family and even strangers want answers about what happened to Ethan.

The sheriff’s office has received so many calls about Ethan’s death, they are considering setting up a call center just to deal with this case.

The sheriff’s office is conducting the investigation into Ethan’s death. Their finding will be sent to the state’s attorney, who will determine if charges will be filed against the deputies.

Reported by Meghan McCorkell | WJZ13 Baltimore | February 19, 2013
http://baltimore.cbslocal.com/2013/02/19/family-wants-answers-in-down-syndrome-sons-death/

IMPORTANT - Illinois Home Care Services - help avert crisis Feb 2013

Below are requests for assistance from Access Living of Chicago and Coalition of Citizens with Disabilities in Illinois (CCDI);
Please forward this information, we all can make a difference... Jim at Ability Chicago.
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Coalition of Citizens with Disabilities in Illinois (CCDI)
Action Needed for Home Services
Illinois in-home services are at risk

Illinois in-home services are at risk.

One of the most critical issues for thousands of people with disabilities and seniors in Illinois is in-home services for activities of daily living like eating, bathing, cooking, cleaning, and toileting. The State of Illinois provides two programs that fill this need: the Home Services Program (HSP, for younger adults) and the Community Care Program (CCP, for seniors). Please take immediate action to prevent the failure of these programs, which will significantly impact people with disabilities and seniors. Loss of these programs will also cause the loss of jobs for home care workers.

This issue is important because home services are part of what allow us to live independently. Millions of people nationwide need home services and provide home services. Community living matters!

The Home Services Program needs about $25 million in supplemental funding to finish out FY 2013. The Community Care Program needs $315 million in supplemental funding ($170 million for back bills & $140 million for current program spending) to finish out FY 2013. Although our state is in a massive budget crisis, we have to make sure that people who need home services are not forced to go without critical supports for activities of daily living like bathing, eating and dressing.

Please take action below, if you are seeing this on our website, or at http://www.capwiz.com/ccdionline/issues/?style=D.

Act now in support of in-home services. http://www.ccdionline.org/

Thanks to our friends at Access Living for the information.
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Access Living of Chicago
Home Services Crisis! Action Needed!
Illinois home services continue to be at risk of severe cutbacks! The Home Services Program (HSP) and the Community Care Program (CCP) need millions of dollars to finish out the year ending June 30, 2013. If HSP and CCP experience major cutbacks, seniors and people with disabilities will not be able to get help for activities of daily living, and home services workers could lose jobs. HSP and CCP save critical dollars for Illinois because they prevent thousands of people from having to go into nursing homes and institutions. CCP serves seniors and HSP serves people with disabilities who are not seniors.

We need your help to ask Illinois legislators to file and pass a supplemental spending bill for HSP and CCP in the amount of $340 million. This would allow both programs to finish the year without cuts, and also address over $100 million needed in back payments to CCP providers.

People with disabilities, seniors, and workers need to know that our home and community-based services network will be safe and secure. Imagine not being able to call on someone to help you get out of bed, eat, bathe and dress. This takes away your independence and your motivation. Home services are CRITICAL for the people of Illinois. Take action today!

Please visit Access Living 'Advocacy' webpage, go to 'Illinois - Home Services Crisis! Action Needed!' and send a email to your Elected Officials :
http://capwiz.com/accessliving/issues/?style=D&

Keep Up the Fight, Keep Up the Strength!

National Federation of the Blind of Illinois scholarship opportunities; March 31, 2013 Deadline

as posted at NFBI webpage: http://nfbofillinois.org/?page_id=97

Scholarships
Each year the National Federation of the Blind of Illinois (NFBI) awards scholarships to qualified blind students. The scholarships are awarded at the annual convention of the NFBI. The following scholarships are currently available:
PETER GRUNWALD SCHOLARSHIP: A scholarship in the amount of $2,000 was established by the NFBI as a memorial to Peter Grunwald, whose work with members of the Illinois General Assembly resulted in implementation of several statutes that have changed what it means to be blind in Illinois.

NATIONAL FEDERATION OF THE BLIND OF ILLINOIS SCHOLARSHIPS:Two scholarships in the amount of $1,500 will be awarded.

KENNETH JERNIGAN SCHOLARSHIPS: Two scholarships in the amount of $1,250 were established in tribute to Dr. Kenneth Jernigan, former President of the Federation, whose extraordinary leadership has improved the quality of life for blind people both here and abroad.

Criteria: All scholarships are awarded on the basis of academic excellence and service to the community. To be eligible for any NFBI scholarship, an applicant must be a legally blind resident of, or student in Illinois, who is enrolled full-time in an accredited two-year, four-year or graduate college or university program.

To apply: Complete an application. Electronic application Send your application and supporting documents via e-mail in an easily accessible format to:

Deborah Kent Stein, Chairman, NFBI Scholarship Committee

dkent5817@att.net

If e-mail is not possible to:

Deborah Kent Stein

5817 N. Nina, Chicago, IL 60631

Direct questions to: (773) 203-1394

Deadline: All application materials must be received by March 31, 2013.
General Information: Persons who have previously applied for NFBI scholarships are encouraged to apply again. The Scholarship Committee reviews all applications and selects the scholarship winners, who will be notified of their selection by June 15, and will be brought to the NFBI convention in the fall.

On a separate sheet please provide the following information:
1)All post-secondary institutions you have attended with highest class standing attained and cumulative grade point average,
2)High school attended and cumulative grade point average, and
3)Community Service.

Please include the following documents with your completed application:
1) Personal Essay: Along with your application, introduce yourself to the scholarship committee in a brief essay or self-portrait. Consider the essay an opportunity to tell the committee who you are. Describe your strengths, achievements, and aspirations. What is important to you? Who do you hope to become? Has a particular person or experience changed your life? How has your blindness affected you? How do you handle it at school, on the job, and in interpersonal relationships?

2) Two current letters of recommendation.

3) Transcripts: Provide a current transcript from the institution you are attending as well as transcripts from all post-secondary institutions you have attended. If you have not attended an institution of higher learning or have not completed one year of study at such an institution, provide a high school transcript. The form may be photocopied.

2013 NFBI Scholarship Application (Microsoft Word Format)

See also: 2013 Internships webpage http: //nfbofillinois.org/?page_id=100

For the National Federation of the Blind of Illinois, please visit: http://nfbofillinois.org/

U.S. Access Board Upcoming Webinars | Feb 2013

The next webinar in the Board's free monthly series will take place March 7 from 2:30 – 4:00 (ET) and will feature an open question and answer session with Board accessibility specialists on the ADA and the ABA Accessibility Standards. Participants are encouraged to submit questions in advance of the session through the webinar site. Questions also can be posed during the webinar.

Subsequent Board webinars will cover:

Restaurants and Cafeterias (April 4)
Elevators and Platform Lifts (May 2)
Fire Alarm Systems (June 6)
or more information, including registration instructions, visit www.accessibilityonline.org.

Archived copies of previous webinars can be accessed on this site.

For the U.S. Access Board : http://www.access-board.gov/

Forging ahead – Recovery after Traumatic and Acquired Injuries | Guest Blogger article


By Guest Blogger Adam Anicich, PolyTrauma/Blast-Related Injury Executive Committee Member for the U.S. Department of Veterans Affairs (as posted at Disability.gov blog)

In my line of work, I’ve heard too many Soldiers, Sailors, Airman and Marines share their frustrations about their recovery and their concerns about the difficulties of reentering “normal life” after an injury. “I can’t…,” “It’s too hard…” and “I’ll do it later…” are phrases spoken all too often. These Warriors begin to doubt themselves and become overly critical of their limitations – and forget to focus on their abilities. These feelings are understandable – after all they have been through, who can fault them? I know, because I was one of those Soldiers.

Many people with brain/blast injuries, Post-traumatic Stress Disorder (PTSD) and other acquired injuries can feel isolated – either from cognitive difficulties, troubles keeping pace with daily life, lack of focus or just not being able to engage in the same lifestyle they used to. Such isolation not only inhibits a person’s recovery, but also takes a toll on their emotional state. It discourages friends and relationships, marginalizes enjoyment and inhibits professional aspirations.

As a result, many people with injuries or disabilities refrain from enjoying life or impacting society with the zeal and passion that they once had. PTSD can crush a person’s spirits, scars can make people feel trapped within themselves and the loss of a limb can make a person feel incomplete. My challenge to all of you out there struggling with a traumatic or acquired injury or disability is to push yourself to do things you used to enjoy before your injury – find ways to overcome physical limitations, engage your mind in intellectual discourse and discover renewed enthusiasm for life. This is your life – take it back!

As a community, we do however, also have a responsibility – as individuals who have sustained injuries; as family members, friends and caretakers; or as the support network of those individuals with disabilities, to encourage positive attitudes and promote best practices for rehabilitative outcomes. There still exists a stigma about mental health problems and readjustment after combat – but these conditions are treatable! The work of therapists, psychologists and psychiatrists is amazing and making a real impact on people’s lives. Let’s help build an environment that is supportive and prepares our injured colleagues for success.


# READ MORE ABOUT FORGING AHEAD – RECOVERY AFTER TRAUMATIC AND ACQUIRED INJURIES
http://usodep.blogs.govdelivery.com/2013/02/19/forging-ahead-recovery-after-traumatic-and-acquired-injuries/#more-5505

Georgia execution halted at the last minute of mentally disabled man

JACKSON, Ga. (AP) — The execution of a Georgia man who killed a fellow prisoner in 1990 was halted Tuesday at the last minute so courts could consider claims that he's mentally disabled and other issues.
The 11th U.S. Circuit Court of Appeals granted its stay of execution as 52-year-old Warren Lee Hill was being prepared for lethal injection. In a 2-1 decision, a panel of the appeals court said further review is needed of recent affidavits by doctors who changed their minds about Hill's mental capacity.
"In other words, all of the experts — both the State's and the petitioner's — now appear to be in agreement that Hill is in fact mentally retarded," judges in the majority wrote in their order.
The state court of appeals also issued a stay to allow more time to consider a challenge related to the state's lethal injection procedure.
Earlier in the day, the state parole board, the Supreme Court of Georgia and the U.S. Supreme Court had all declined to stop the execution.
"We are greatly relieved that the Eleventh Circuit Court of Appeals has stayed the execution of Warren Hill, a person with mental retardation. All the doctors who have examined Mr. Hill are unanimous in their diagnosis of mental retardation," defense attorney Brian Kammer said in an email.
A spokeswoman for the state attorney general declined comment.
Hill was sentenced to die for the 1990 beating death of fellow inmate Joseph Handspike. Authorities say he used a board studded with nails to bludgeon Handspike while he slept and other prisoners pleaded with Hill to stop. At the time Hill was already serving a life sentence for murder in the 1986 slaying of his girlfriend, Myra Wright, who had been shot 11 times.
Hill has received support from various activists and from former President Jimmy Carter and his wife Rosalynn.
"Georgia should not violate its own prohibition against executing individuals with serious diminished capacity," President Carter said in a statement.
Hill was originally set to be executed in July, but the state delayed his execution when it changed its execution procedure from a three-drug combination to a one-drug method. The state Supreme Court then further delayed the execution after Hill's lawyers filed a challenge saying corrections officials violated administrative procedure when they made the change. The state's high court earlier this month denied that challenge, and Hill's execution was reset for Tuesday.
Hill's lawyers argue that he is mentally disabled and therefore shouldn't be executed. The state maintains that the defense failed to meet its burden of proving beyond a reasonable doubt that Hill is mentally disabled.
Death penalty defendants in Georgia have to prove they are mentally disabled beyond a reasonable doubt to avoid execution, the strictest standard in the country. Hill's lawyers have said the high standard for proving mental disability is problematic because psychiatric diagnoses are subject to a degree of uncertainty that is virtually impossible to overcome. But Georgia's strict standard has repeatedly been upheld by state and federal courts.
Georgia passed a law in 1988 prohibiting the execution of mentally disabled death row inmates, and the U.S. Supreme Court ruled in 2002 that the execution of mentally disabled offenders is unconstitutional.
Hill's lawyers last week released new sworn statements from the three doctors who examined Hill in 2000 and testified before the court that he was not mentally disabled. The doctors wrote in their new statements that they were rushed in their evaluation at the time, they have acquired additional experience and that there have been scientific developments in the intervening 12 years. All three reviewed facts and documents in the case and wrote that they now believe that Hill is mentally disabled.
The state questioned the credibility of the doctors' statements. These doctors met with Hill and reviewed extensive documentation in the case in 2000, but they haven't seen him since and didn't have significant new information in front of them during their recent review, the state argued. Therefore, it is not credible that they are able to refute the testimony they were so adamant about in 2000, the state argued.
The state has cited expert testimony and IQ tests that concluded Hill was not mentally disabled. Before trial, Hill's family members described him as "the leader of the family" and "a father figure," the state notes. He was not in special education classes and served in the Navy, where he received promotions, the state said.
The defense has referenced a state court judge's assessment that Hill was mentally disabled and a test that showed his IQ to be about 70. The defense also cited expert testimony that it is not unusual for someone who is mildly mentally disabled to be able to function at a satisfactory level in an environment as structured as the military. With the new statements from the three doctors last week, all doctors who examined him now agree that Hill is mentally disabled, Hill's defense argued.

Article By KATE BRUMBACK | Associated Press
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Associated Press writer Christina Almeida Cassidy in Atlanta contributed to this report.

Tuesday, February 19, 2013

ALERT: IL Hearing Aid Insurance Bill HB1231- vote on Feb 20, 2013

IL HB 1231, would require health insurance providers to cover the costs of hearing aids for people of all ages, will be heard in the Insurance Committee at 3 PM on February 20th, 2013

Try contacting the House members first since they have the hearing tomorrow. You can also contact the Senators too...in the Senate the bill is known as SB 38. Remember, the bill covers private insurance for people of all ages, for up to $2500 per ear every three years

The bill's sponsor in the House is Representative Dan Brady of the Bloomington area. If your representative is not a member of the committee, please call Representative Brady and state your support of this bill.

Senate Insurance Committee
Chair: William R. Haine D

Vice Chair: Jacqueline Y. Collins D

James F. Clayborne, Jr. D

Michael E. Hastings D

Mike Jacobs D

John G. Mulroe D

Antonio Muñoz D

Kwame Raoul D

Ira I. Silverstein D

Minority Spokesperson: William E. Brady R

Tim Bivins R

Darin M. LaHood R

Chapin Rose R

Dave Syverson R

House Insurance Committee
Chair: Monique D. Davis D

Vice-Chair: Greg Harris D

Republican Spokesperson: David Reis R

Maria Antonia Berrios D

Dan Brady R

Anthony DeLuca D

Scott Drury D

Kenneth Dunkin D

Laura Fine D

Robyn Gabel D

Norine Hammond R

Thaddeus Jones D

Dwight Kay R

Lou Lang D

Robert F Martwick D

Frank J. Mautino D

Thomas Morrison R

JoAnn D. Osmond R

Robert Rita R

Pam Roth R

Darlene J. Senger R

Elgie R. Sims, Jr. D

Keith P. Sommer R

Silvana Tabares D

Michael Unes R

Ann Williams D

you can fill out a "witness slip" online to show your support for HB 1231. The link is http://my.ilga.gov/WitnessSlip/Create/71738?committeeHearingId=10459&LegislationId=71738.

Check the box that says you are a "proponent" (a supporter), and check the box that says "record of appearance only" if you are not going to be in the room. Your name will be read out in committee as a supporter! So it is very important that the legislators hear a long list of supporters.