Advocating for Your Rights: The Basics
A Word About Language
Advocacy
Point Checklist
Advocating for Your Rights: The Basics
The following section of this guide is designed to assist you in effectively advocating for the assistive technology of your choice.
Be sure that you:
 |
plan
your strategy step by step as thoroughly as possible before you begin the process;
|
|
document
everything;
|
|
know
the advantages and disadvantages of the competing equipment or service that you are trying to obtain; and
|
|
follow through
until the very end. Don’t give up until you have exhausted the possibilities.
|
[Return
to Top of Page]
A Word About Language
When advocating for your rights, you should understand the legal lingo that is often presented as a barrier for effecting change. This article provides an overview of those terms along with some of the effective strategies that advocates may use to circumvent these barriers.
I. Practices, Policies:
“It is our policy . . .” or
“It is our practice . . .”
These two statements are often used to “detour or squash” concerns or objectives raised by advocates. These statements are generally made in a matter-of-fact way that suggests that the rule is set in stone and cannot be questioned or changed.
First, let’s look at the nature of the rule.
-
If the rule being presented is a “practice” of the agency, then it is simply a procedure that has been followed over the years. It is probably not in writing and, while there was probably some rational basis for its inception, it may also just be based on the whim of the person who was responsible for making decisions many years ago.
-
If the rule presented is based on a “policy,” it should be in writing. If it is not, then it is simply a practice. A policy is a formal rule or doctrine that is based on guidelines or tenets of supporting state or federal laws. These guidelines and tenets may be written out in the law, or they may be based on an interpretation of the law. Policies may also be based on bylaws which define the purpose of the organization to which they apply. The fact that a policy is based on a state or federal law does not mean that the policy is correct and cannot be challenged.
II. Laws, Regulations
Laws
may be enacted by the state or federal government.
-
If the law is enacted by
state government, it applies only within the state and not beyond the boundaries of the state. Hence, a state law enacted in South Carolina or Florida does not apply to the citizens or properties of Georgia.
-
If the law is enacted by the congress of the United States, then it is a
federal law and applies across the country.
Occasionally, both the
U S Congress and the state may enact laws on the same issues. Such situations can be extremely complicated, and attorneys spend many hours trying to determine which law will apply to a given situation. Generally, however,
federal law always supercedes state law, unless the state law provided more rights to the citizens.
Federal laws
may be challenged in federal court. These challenges are generally based on whether the law violates the United States Constitution.
State laws
may be challenged in court on several bases. Such challenges might include that the law violates a federal law or that the law is unconstitutional.
Regulations
are rules promulgated by federal agencies which give further guidance on and interpretation to the laws to which the regulations apply.
Regulations
are flexible and may change due to many factors. For example, a factor could include reasons such as a more liberal or conservative interpretation which would be determined by the bent of the administration controlling Washington.
Advocates
do not generally have much contact with regulations.
The regulations may be the underpinning of the agency, however. Therefore, a good advocate will be as familiar as possible with the pertinent regulations that govern the agency that she or he is dealing with.
III. Strategies
|
Always ask to see a policy in writing. Whenever a policy, practice, or procedure is being presented as a barrier, it is important to get it in writing. Often these doctrines are open to interpretation that may not have been considered by the administering body.
|
|
Make your requests in writing. If you are speaking by phone or in person, follow up with a letter stating the contents of the conversation.
|
|
Keep copies of all correspondence and documentation so that you will have it for reference later if necessary.
|
|
Always ask to discuss final decisions with the highest ranking person in charge. Sometimes this is the only person who has the authority to make an exception to a policy or change a procedure in your favor. |
[Return
to Top of Page]
Advocacy
Point Checklist
1. Keep written documentation
Make complete written documentation of all telephone conversations or
in-person interactions with the agency or in regard to the matter.
This documentation should include:
-
the name of the person with whom you made contact;
-
the date and the time of the conversation and notes on what was said;
-
the names of people or agencies to whom you were referred; and
-
any other information that you were given.
Make sure that you have complete copies of all written documentation.
If you had to fill out forms or applications, be sure that you are given a complete and readable copy of the document containing the information that you have provided.
Also attach to these documents copies of the bank statements, tax returns, medical reports, etc., that you used to provide the information to the agency.
2. Do your research
Request copies of the agency's written policies and procedures.
Go to the public library reference section and request information on the agency with which you are currently in contact.
You may also contact general information and referral services in your area to access information about the agency.
3. Know your rights
Be sure you have a working knowledge of the laws in question.
Many of the laws and regulations that outline rights for the disabled are bogged down with legal language. There are often misunderstandings regarding what the law states.
If you are unclear about your rights, speak to someone in the area that knows what the law states.
4. Network
Contact as many people as possible who have dealt with the agency with which you are currently dealing.
Often people who have dealt with these agencies can give you valuable information that will aid you in receiving the maximum assistance possible.
These people may provide valuable shortcuts and contacts so that you will avoid duplicating their mistakes.
Others who have dealt with these agencies may also provide much needed support.
5. Read everything
Be sure to read and understand any documentation that you are given.
This is especially important when the documentation pertains to your responsibilities regarding changes in eligibility requirements.
Be sure that you have read and understand all documentation before signing anything.
If you cannot read, do not read well, or do not understand what you have read, be sure to ask an agency official to explain the documents to you.
6. Be persistent and proactive
Remember that you are the most interested person you know in making sure that you receive the assistive device or technology that you have requested.
It is important that you act as the tickler/reminder to the people in the agency with which you have contacts. Do not wait for them to contact you.
7. Be consistent
Make sure that you know when deadlines are and that you have met them.
Many people do not receive the services and devices that they have requested simply because they did not follow through and complete the process.
8. Be assertive
The maxim “the squeaky wheel gets the grease” is unfortunately true.
Many of these agencies are short on personnel and short on funds. So the most persistent and vocal pursuers of devices and services are the people who end up getting results.
[Return
to Top of Page]
|
