TEMPLATES FOR EDUCATION LETTERS Templates for 504 Letters: a letter for when you are in disagreement with the 504 services (RTF) a 504 request for a functional assessment (RTF) a 504 accommodation request (RTF) a 504 request for an assistive technology evaluation (RTF) for a parent to copy or review a child's records (RTF - Rich Text Format) Disability Rights of West Virginia has developed the following letter templates to use when you need to communicate with your child's school system: for when you disagree with the IEP (RTF - Rich Text Format) a FERPA complaint (RTF) for a parent to request a copy or to review a child's records (RTF) a request for prior written notice (RTF) to request a functional assessment (RTF) to request an IEP meeting (RTF) to request an independent evaluation (RTF) to request an evaluation for special education services (RTF) to request for a county's policy (RTF) to request further evaluation (RTF) a letter to request an assistive technology evaluation (RTF) a complaint regarding send home vs. suspension (RTF) a student to student harassment letter (RTF) a teacher to student harassment letter (RTF)

HEALTHCARE - DENTAL New Mouth Dental solutions made easy. We'll help you find the best dentist in your area depending on your exact needs. Transform your smile and life. West Virginia Dental Clinics Search by city to find free and sliding scale dental clinics to have dental work performed. Some of the listings are not completely free. Some are based on a sliding scale. Read the details for each listing for full information. WVU Dental School West Virginia University's Dental School - offering a variety of dental services in Morgantown, WV.

2023 NEWS LETTER January Disability Rights of West Virginia Successful Client Resolutions 2022 With the closing out of Fiscal Year 2022, I want to take the opportunity to thank the staff of Disability Rights of West Virginia. We have an amazing team dedicated to working hard every day for people with disabilities in West Virginia. With the easing of COVID 19 restrictions, the staff were eager to provide in person monitoring at many facilities throughout the state, as well as attend in-person meetings. My hat’s off to this amazing team! I want to share some examples of positive outcomes for our clients through our advocacy efforts, as well as some of the other types of work that we did. I hope you enjoy reading the stories as much as we loved getting the results. Susan Given, Executive Director, MSW, LSW Overview In FY 2022, DRWV conducted 327 monitorings of 151 state and private facilities. These monitorings were conducted over eleven major categories including: Assisted Living Facilities; Forensic/Behavioral Health Group Homes; Intermediate Care Facilities; Specialized Family Care Homes; State and Privately Operated Children’s Residential Facilities, Psychiatric Hospitals, and Nursing Homes; WV Division of Corrections and Rehabilitation Jails and Prison; and an Intellectual/Development Disabilities Waiver Group Home. In FY 2022, DRWV opened 1,050 federally funded Service Requests for 777 clients. DRWV staff set up our outreach display table at ten events in FY 2022. Staff also provided fifty-one outreach presentations and seventeen trainings to various groups throughout the state. Abuse/Neglect/Financial Exploitation The parent of a child requested assistance regarding a restraint incident that occurred at the client's school. DRWV reviewed records, filed a state complaint with the WV Department of Education, and attended Individualized Education Program (IEP) meetings. DRWV advocated for appropriate services and goals to be added to the IEP, including appropriate behavioral interventions. As a result, the client began to receive a Free and Appropriate Public Education (FAPE) in his Least Restrictive Environment (LRE), the teacher resigned her position, and a new teacher was placed in the client's classroom. Accessibility A client requested assistance regarding accessibility to a state university basketball game venue. DRWV found that the university's policy was that a general ticket would be purchased, then if an accessible seat was needed, the guest would have to exchange tickets at the ticket office, subject to availability. There was no guarantee that an exchange would be possible as there are a limited number of seats available. DRWV communicated with the Mid-Atlantic ADA, then provided the university with information on accessible seating policies and procedures. DRWV's staff attorney worked with the university's General Council regarding their accessible seating policy. As a result of DRWV's advocacy, the university updated their online ticketing program. The ticketing software is capable of separating purchases for accessible seats, asking if purchaser or member of party requires this type of accommodation, and allows a notice which is initialed or signed by purchaser saying they understand they are subject to removal if they do not require accessible seating. The university will also post signage notifying fans of the new policy. Security will be trained to enforce the policy of removing individuals who inappropriately use accessible seating. The university also holds back a certain percentage of accessible seating tickets for fans who purchase over the phone or in person. They will adjust that percentage based on demand. This will affect not only the client but all individuals with disabilities who attend the university's sporting events including basketball, football, baseball, etc. Access to Services A transition aged client and his father requested assistance in getting more transition services and job training for post-graduation. He was about to graduate high school and they felt that the school was not providing proper transitions services. The WV Division of Rehabilitation Services (WVDRS) was not yet involved as they had a difficult time getting the client to come in to complete an application. DRWV arranged an interview for the client with WVDRS and attended with him at his request. As a result, WVDRS provided the client with options for future job training and employment. Assistive Technology A client requested DRWV's assistance with getting a CPAP. DRWV communicated with the durable medical equipment (DME) provider, Pulmonologist, and Neurologist. DRWV ensured that the client's physicians provided the DME provider with the needed orders. While working on this case, the client's Neurologist recommended an updated sleep study which found that he required a BiPAP. Due to advocacy provided by DRWV, the client has received the BiPAP as ordered. Education A client who had recently become an adult and had to move requested assistance with getting the high school in her previous county of residence to take her back or to get enrolled in the high school in her current county. Both counties appeared to be discouraging her from finishing school. DRWV communicated with the Special Education Directors of the client's previous and current school districts and advocated for the client to be enrolled in high school to complete the credits she needs to graduate with the senior class. As a result of DRWV’s advocacy, the client was enrolled in high school in her new county and graduated with her senior class in May 2022. In July 2022, DRWV submitted comments to the WV Department of Education as they were planning to make changes to Policy 2419, the Special Education policy for WV. DRWV suggested several modifications to the existing language as well as comments on proposed changes. A Social Security benefits recipient requested assistance regarding allegations of employment discrimination. DRWV spoke with the client and employer to determine his current employment status. DRWV assisted the client with obtaining necessary medical information regarding his ability to perform essential job functions with reasonable accommodations. DRWV was able to assist the client in meeting with his employer to discuss returning to work with appropriate accommodations in place. As a result, the client was able to return to his previous employment with appropriate reasonable accommodations in place. Employment Systems Work Due to education provided by DRWV, the State Treasurer’s Office proposed a bill at a special session of the legislature to expand the definition of legal representative to include representative payees. The bill passed unanimously in October 2021. After the law went into effect, DRWV worked with the WVABLE Savings Program Director to identify entities to provide outreach and education regarding the changes in the law. As a result, many individuals who otherwise would not have had access to ABLE accounts now have open accounts. DRWV submitted comments to the WV Bureau for Medical Services (BMS) related to the Statewide Transition Plan for the Title XIX Medicaid Waiver including: Aged and Disabled Waiver (ADW); Intellectual/Developmental Disabilities Waiver; and Traumatic Brain Injury Waiver. We expressed concerns about the conflict-of-interest standards and home and community-based service requirements. In addition, we advised that the document that BMS put out for public comment was not presented in a manner that the public could easily follow. A client requested assistance regarding her service animal being denied access to a business. DRWV educated the owner of the business on service animal access, different types of service animal functions, and handler rights and responsibilities. Due to advocacy provided by DRWV, the business owner now has a greater knowledge of service animal access rights. He agreed to train his employees on service animal access. Due to DRWV’s Advocacy under the Medley Hartley Advocacy Program (MHAP) a Medley Class Member who had been in a nursing home for years was able to move back into the community with assistance from the Take Me Home program. He is now living happily with his wife. Rights Restrictions/Violations Voting DRWV assisted two clients in registering to vote, one client in updating their voter registration, and one client with requesting an absentee ballot in FY 2022. In FY 2022, DRWV staff conducted accessibility studies of the external access to eighty-nine polling sites in five counties in WV. A detailed process was also put in place to guide these studies and act once they were completed. Plans of correction were agreed upon by some of the counties. Several DRWV staff attended a County Commission meeting in one of the counties that was surveyed in hopes of addressing several accessibility issues. DRWV's legal team intervened in this as well. Client Comments Why we do what we do "We sincerely thank you for you participation in the Jackson/Roane County's Transition Event. Many of the students listed "Disability Rights" as a session that they enjoyed and learned from. In providing an informational event to these students as they begin their transition into adulthood, they were able to make a greater connection with our community and with the services and supports that are offered. You have helped us succeed in our mission of increasing awareness of after high school employment/career options and available community supports. On behalf of the Transition Committee of Jackson County, thank you." "Thank you so much for your hard work and dedication. We are in a very difficult situation and any and all input was very much appreciated."

SUPPORTED DECISION MAKING Administration for Community Living Supported Decision Making Program Learn about ACL funding toward a Supported Decision Making Program. SDM is person-centered – this means SDM solutions are based on the wants and needs of the individual receiving support. SDM keeps control in the hands of the individual providing customized assistance in specific ways and in specific situations that are useful to the individual. American Bar Association Supported Decision Making Guardianship deprives an individual of virtually all legal rights to make decisions and choices. The decision-making ability of persons with disabilities (including older individuals with dementia) is often too quickly questioned and discounted. In many cases, courts appoint guardians for people who could continue to make their own decisions with the right supports and services. The American Bar Association has long been committed to advocating for less restrictive alternatives to guardianship. The ABA Commission on Law and Aging’s PRACTICAL Tool is a guide for lawyers to implement less restrictive decision-making options for persons with disabilities. The American College of Trust and Estate Counsel Supported Decision-Making An alternative to guardianship for individuals with developmental disabilities is supported decision-making. When is supported decision-making appropriate and when is it not? ASTRIVE - Advocacy Supported Decision Making Astrive Advocacy is committed to improving the lives of individuals with disabilities and their families by serving as a resource for training and support for individuals, families, employers, policy makers, and members of the community. We are d edicated to develop, grow, and support Individuals with Disabilities, Family Members, Provider Staff, and Community Advocates in their efforts to recognize their value, speak and be heard, and improve access to quality programs and services in all aspects of community life. Center for Public Representation Supported Decision-Making People with disabilities may need assistance making decisions about living arrangements, health care, relationships, and financial matters. But they do not necessarily need a guardian to make those decisions for them. A trusted network of supporters can field questions and review options to help the person with the disability make their own decisions. Supporters are selected by the person with the disability. They can be family members, co-workers, friends, and past or present providers. The individual should select supporters who know and respect his or her will and preferences, and who will honor the choices and decisions the individual makes. LifeCourse Nexus Training and Technical Assistance Center Supported Decision-Making Materials designed to help a person, family, or a professional explore areas where any person might need decision making support, plan for what it looks like and how it can happen, and seek out the needed supports. National Resource Center for Supported Decision-Making EVERYONE has the Right to Make Choices. How would you feel if you had no say in where you live? Or where you work? Or who you spend time with? Or what you can buy and spend money on? That’s what can happen to older adults and people with disabilities when someone else has the power to make decisions for them, like when they’re put in a guardianship. We believe that everyone has the Right to Make Choices. Supported Decision-Making is a way people can make their own decisions and stay in charge of their lives, while receiving any help they need to do so. Quality Trust for Individuals with Disabilities Quality Trust is an independent, non-profit advocacy organization focused on improving the lives of children and adults with disabilities and their families in the District of Columbia and beyond. We work with people and their family members to solve problems, identify opportunities for learning and contribution, Quality Trust looks for creative ways to minimize differences and make the most of each person’s abilities. Special Needs Alliance Supported Decision-Making in the US: History and Legal Background SDM had its origins in Sweden and in several of the Canadian provinces. In 1988, Sweden abolished full guardianship and substituted a two-tier system. For an individual whose needs could not be met by a less restrictive means, such as a power of attorney, a “god man” [good person] could be appointed. The god man could only make decisions with the consent of the individual with a disability. The appointment of a god man does not affect the ability of the individual to make their own decisions. Supported Decision-Making: Frequently Asked Questions Supported decision making (SDM) is a tool that allows people with disabilities to retain their decisionmaking capacity by choosing supporters to help them make choices. A person using SDM selects trusted advisors, such as friends, family members, or professionals, to serve as supporters. The supporters agree to help the person with a disability understand, consider, and communicate decisions, giving the person with a disability the tools to make her own, informed, decisions. WV Center for End-of-Life Care West Virginians want their wishes respected and their pain controlled near the end of life. The Center for End-of-Life Care provides information to individuals and their loved ones so that they can make informed choices and receive the treatment they want. Completing advance directives and/or medical orders (POST and DNR) is always voluntary. These forms can be very beneficial in documenting individuals' end of life care wishes, and the e-Directive Registry helps ensure these forms translate into patient care. WVU Center for Health Ethics and Law The WVU Center for Health Ethics and Law endeavors to improve the quality of patient care in West Virginia by providing information to patients and families so they can make informed choices and their wishes respected.

ABSENTEE BALLOTS Answers to Your Questions What if I cannot get to my polling place or my County Clerk’s office to vote due to a medical condition or a disability? If you are unable to get to the polling place or your County Clerk’s office to vote early, then you can request an absentee ballot. What is an absentee ballot? An absentee ballot is a way for you to vote by mail if you are unable to travel to your polling place to vote. You must apply for an absentee ballot. You must specify the address in the county where you are a resident, plus an address where you are going to receive your absentee ballot. If the reason you are applying for an absentee ballot is due to an injury or disability, then the address where the ballot will be sent may be in the same county. However, if it for another reason, then the address must be outside the county. Where do I get the application? You may get a copy from your County Clerk’s office, or Download a copy from the website: http://www.sos.wv.gov/elections/ When must the application be completed? Absentee voting requests can be made 84 days before the election. The application for an absentee ballot may be faxed to the County Clerk’s office.The County Clerk’s office will mail you the absentee ballot within one business day of its receipt of a valid application. When must I complete my absentee ballot? Hand-delivered ballots must be received by the day before the election.Mailed ballots should be postmarked by Election Day and received by the start of canvass (five days after the election, excluding Sundays). Your County Clerk will begin mailing ballots the 46th day before the election. Once you receive your absentee ballot from your County Clerk, vote and return it soon as possible. Will I have to apply for an absentee ballot every election? Yes, you must apply for an absentee ballot every election; however, if you are permanently disabled, you may apply to be put on the permanent absentee voters list. To apply to be put on the permanent absentee voters list, a doctor’s statement must be sent in with the application. Please call your County Clerk’s office for more information. Is there a way to vote if an emergency causes me to be hospitalized or placed in a nursing facility and it was too late to apply for an absentee ballot? Yes, if you are unexpectedly hospitalized or placed in a nursing home 7 or less days before the election, you may request an emergency absentee ballot. The facility must be within the county where you are registered to vote. The County Clerk may elect to extend this to adjacent counties. Please call your County Clerk to request an emergency absentee ballot.

WV COUNTIES POLLING SITE ACCESSIBILITY REPORTS Disclaimer Information outlined in the reports does not include any plan of corrections or changes, or actual corrections or changes, made by the county clerk offices or any voting location or precinct. Barbour Berkeley Boone Braxton Brooke Cabell Calhoun Clay Fayette Greenbrier Hampshire Hancoc k Hardy Harrison Jackson Jefferson Kanawha Lincoln Logan Mario n Marshall Mason Mercer Mineral Mingo Monongali a Monroe Morgan Nicholas Ohio Pendleton Pleasants Pocahontas Preston Putnam Randolph Ritchie Roane Summers Taylor Tyler Wayne Webste r Wetzel Wirt Wood

2022 NEWS LETTER December Disability Rights of West Virginia Guardianship and/or Conservatorship Article by Shawna White, DRWV Staff Attorney A common concern among family members and loved ones who are guardians and/or conservators for a person with a disability is “who will take over if something happens to me”. There is no simple answer. Each situation is unique but planning for death or incapacity is one of the most important responsibilities of a guardian and/or conservator. All too often an individual with a disability experiences avoidable issues due to a lack of future planning. Planning for the death or incapacity of a guardian and/or conservator involves multiple factors. The following information outlines the initial steps to ensure the appointment of an appropriate successor to the current guardian and/or conservator. Each circumstance is unique so you will need to consult a qualified expert for guidance. When dealing with any issue that involves legal matters, you should consult with a licensed attorney who is experienced and knowledgeable in guardianship and conservatorship laws and estate planning. Guardianship and conservatorship laws vary dramatically from state to state. This article only addresses these matters under West Virginia law. Guardianship of a Minor Child Children under the age of 18 must have a legal guardian.(1) A biological parent, adopted parent or person who has been granted custody of a child via court order is the legal guardian of a minor child. A legal guardian can name the person they wish to assume guardianship in the event of their death, incapacity, or debilitation. This person is referred to as a ”standby guardian.” The circumstances under which the named individual will assume guardianship of the minor child is referred to as a “triggering event.” To designate a standby guardian, the current guardian must execute a written document that contains, among other things, the name, address and birthdate of the child affected, the triggering event and the name and address of the standby guardian. The document can also name an alternative standby guardian. The document must be signed by the current guardian(2) and witnessed by two adults. Once the document is properly executed, it must be delivered to the person named as standby guardian. When a triggering event occurs, the named standby guardian will immediately assume the role of guardian. However, the authority is only valid for 30 days. The standby guardian must petition the court within the 30-day window to maintain the designation of legal guardian. Once a child turns 18, the biological parents, adoptive parents or those granted custody of a minor no longer have the legal authority to act as a guardian for the child. To maintain the role of legal guardian, a court must issue an order appointing them as legal guardian. To avoid a lapse in representation, the law allows a third party to file a petition for appointment of a guardian when the child is 17 years and 10 months old. Guardianship of an Adult The law assumes that all individuals are competent to make their own decisions regarding all aspects of their life upon their 18th birthday. When an adult lacks the ability to make decisions about health, safety or finances, a parent, loved one or any interested third party may file a petition requesting that the court appoint a guardian and/or conservator to make decisions for them. If you or someone else is considering filing a petition to have a guardian or conservator appointed for a family member or loved one, the best practice is to request that the court appoint a successor guardian in the initial petition. A successor guardian is an individual appointed by the court to take over all powers and duties of a guardian or conservator if the initial guardianship is terminated for any reason. If the successor is named in the original order, he or she immediately assumes the role if ordered by the court, however, the successor may need to complete any other requirements outlined in the order such as mandatory education or posting a bond. If a guardian and/or conservator has already been appointed and no successor was named in the original order, any interested party may petition the court requesting a successor be named. A guardian may nominate a successor in his or will, however, doing so does not grant legal authority. The individual named as successor in a will must still file a petition for legal guardianship or conservatorship and obtain a valid court order. (1) Under West Virginia law, there are circumstances where a minor can become “emancipated’ and does not require a legal guardian. The complexities of this issue are outside the scope of this article. (2) If the parent is physically unable to sign the document, another adult may sign on their behalf. The parent must expressly request the individual sign on their behalf and the signature must be done in the presence of the parent. Client Comments Why we do what we do The advocate at DRWV was extremely helpful and knowledgeable during this overwhelming and stressful situation. She answered my questions and concerns and put my mind at ease. I appreciate the advice and support we received for our daughter’s care, which she deserves. Thank you. The advocate was very helpful. I could not have been more satisfied. She is amazing. Thank you.

2023 NEWS LETTER Disability Rights of West Virginia Empowering individuals with a disability to achieve greater independence and financial security April Article by Roxanne Clay What is WVABLE? WVABLE is a tax-advantaged savings and investment account program designed to give individuals with disabilities more independence and financial security. WVABLE is made possible by the Achieving a Better Life Experience in West Virginia Act , also known as the West Virginia ABLE Act, and allows many individuals with a disability to save and invest without losing eligibility for certain government benefits that are critical to their health and well-being, such as Medicaid and Supplemental Security Income (SSI). The law recognizes the extra costs associated with living with a disability, and raising a child, or caring for an adult family member with a disability and aims to ease financial strains faced by individuals with disabilities by making tax-free savings accounts available to cover qualified disability expenses. With WVABLE, eligible individuals can now save well above the $2,000 asset limit set by the Social Security Administration and Medicaid while protecting their eligibility for critical public benefits. WVABLE is administered by the West Virginia State Treasurer’s Office and offers ABLE accounts to the West Virginia resident through a partnership with the Ohio STABLE program. "WVABLE accounts are a way for individuals with disabilities to save for a rainy day, just like any other person, without fear of losing benefits. Money can be set aside for emergencies or large purchases when needed. ABLE accounts can be easily set up online in a matter of minutes. If you are a person with a disability or a parent/guardian of a person with a disability, now is the time to see if a WVABLE account can work for you!" Susan Given, Executive Director Disability Rights of West Virginia WVABLE Celebrates Fi fth A nni versary! On February 9, 2023, WVABLE celebrated five years of empowering individuals with a disability to live more independently today while planning for their financial future. As of March 1, 2023, WVABLE accountholders have collectively saved well over $5.5 million in their STABLE savings and investment accounts with the average account balance exceeding $7,500 – this is well over three times the amount individuals with a disability in WV were permitted to save before WVABLE. In calendar year 2022, 180 new accounts were established with over 600 West Virginians with a disability currently saving and investing with WVABLE. WVABLE and State Treasurer Riley Moore congratulate the hundreds of accountholders for their success in saving to reach their goals in achieving financial independence. WVABLE values and attributes the growth and success of the program to the many partner agencies, the accountholders, and their families for helping to inform eligible individuals statewide about this life changing program. Here’s to many more years of working together on behalf of individuals with a disability! Celebrating the Passage of the ABLE Age Adjustment Act WVABLE is thrilled to be celebrating the passage of the Federal ABLE Age Adjustment Act where tens of thousands more West Virginians, including Veterans, whose disability onset occurred later in life, will have the opportunity to save for health, independence, and quality of life. Beginning January 2026, the eligibility criteria for age of onset of disability changes from “before the age of 26” to “before age 46”. Passage of this bipartisan bill marks a significant step forward since the ABLE Act was first passed in 2014. We applaud the efforts of the self-advocates, agency partners and the support by our Congressional delegation for this major accomplishment! As a result, over six million individuals nationwide, including one million Veterans, will be able to benefit from saving with ABLE without jeopardizing eligibility for SSI, Medicaid, as well as food and housing benefit programs. WVABLE Accountholders can now save even More ! The Internal Revenue Service (IRS) has made an inflation adjustment for 2023 in which the maximum annual contribution limit for an ABLE account has increased to $17,000 per calendar year. For the employed WVABLE account holder, they may contribute their employment earnings up to $13,590 per calendar year. This is in addition to the standard maximum annual contribution limit of $17,000 which brings the grand total annual contribution limit for employed beneficiaries to $30,590*. An Expanded List of Authorized Legal Representatives (ALR) who can Establish a WVABLE Account. In case you missed it! There is now an expanded list of Authorized Legal Representatives (ALR) who can establish a WVABLE Account. A WVABLE account may be opened by a qualifying person with a disability, or if the individual chooses, they may designate an Authorized Legal Representative (ALR) to act on their behalf. If the Eligible Individual is unable to establish a STABLE Account, the ALR may be the eligible individual's agent under a power of attorney or, if none, a conservator or legal guardian, a spouse, a parent, a sibling, a grandparent, or a SSA representative payee (individual or organization), in that order. Click the following link for more information https://wvable.com/alr-info . To learn more about WVABLE, visit our website at https://wvtreasury.com/WVABLE , or contact WVABLE directly by email wvable@wvsto.com or call 304-340-5050. *If the account holder or their employer is contributing to a retirement plan – including a defined contribution plan (e.g., 401(k)), annuity plan (403(b)), or deferred compensation plan (457(b)) this calendar year – the account holder is not eligible to make ABLE to Work contributions. Client Comments Why we do what we do I can always get in touch with my advocate. She always has a lot of information about anything I would need. She is a great worker. Keep up the good work!

2021 NEWS LETTER October Disability Rights of West Virginia Reasonable Workplace Accommodations for Employees with Disabilities Article by Shawna White, DRWV Staff Attorney The COVID-19 pandemic has caused many employers and employees to adapt to doing their job in new ways and new places. Much like employers and employees who have successfully used innovative methods to perform their duties during the pandemic, individuals with disabilities can be successful in employment when accommodations are provided in the workplace. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities. A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process, perform essential job functions, and/or benefit from the rights and privileges of employment in ways that are equal to those of employees without disabilities. Most employers and individuals with a disability are aware that the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to their employees with disabilities. However, 31 years after the passage of the ADA, there remains a lot of misconceptions about reasonable accommodations in the workplace. While the law regarding reasonable accommodations in the workplace is quite complex and cannot be fully covered in this article, the following tips and resources can help navigate the process. For employees: Always ask for an accommodation as soon as you realize you may need it to perform an essential job function. For employers: If you suspect an employee may need an accommodation, address the issue right away. An employer is required to provide an accommodation for a known disability, even if one has not been requested. Put all requests for accommodations in writing. The ADA does not require requests for accommodations to be in writing but having documentation benefits both the employer and the employee. The document should clearly state what accommodation is needed, when it was submitted and who it was submitted to. If an employer has a particular policy or procedure to request an accommodation, it is best to comply, but the ADA does not require it. An employer must provide an accommodation when it is aware of the need for one, regardless of whether a request was submitted or a procedure followed. Be prepared to provide medical documentation when requesting an accommodation. The ADA does not require an employer to obtain medical documentation, but it provides that an employer can choose to request documentation showing the extent of the employee’s ability to do his or her job, and why reasonable accommodations are needed. An employer is required to provide a suitable accommodation but may not be required to provide the exact accommodation you are requesting. The employer and employee are required to enter into what is called the “interactive process.” This is where all parties make a good faith effort to meet and determine the most appropriate accommodation to allow an individual to perform an essential job function. If you think you may need an accommodation but are not sure what accommodations are available or appropriate, there are resources to help. A first step may be to speak with your medical providers, but if you still need help, there are many resources available. If needed, ask for an accommodation during the application process. An employer must provide a reasonable accommodation to allow a qualified job applicant to participate in the application process. This includes accommodations during a pre-employment test. (For further information, see https://askjan.org/topics/test.cfm). Tips Resources The Job Accommodation Network (JAN) is the leading source of free, expert, and confidential guidance on workplace accommodations and disability employment issues. The West Virginia Division of Rehabilitation Services (DRS) helps people with disabilities establish and reach their vocational goals. The Office of Disability Employment Policy (ODEP) promotes policies and provides technical support to employers and all levels of government to increase workplace success for people with disabilities. If you want to learn more about the ADA and workplace accommodations, visit: JAN: The Job Accommodation Network: https://askjan.org/ The Equal Employment Opportunity Commission: https://www.eeoc.gov/ West Virginia Division of Rehabilitation Services: https://wvdrs.org/ ADA National Network: https://adata.org/factsheet/reasonable-accommodations-workplace Disability Rights of West Virginia is available to provide information and referral, advocacy and legal services to individual with disabilities. If you have questions regarding any issue related to employment and disability, you have been denied an accommodation or feel you have been subjected to employment discrimination, DRWV is here to help.

Contact Us CONTACT US Disability Rights of West Virginia 5088 Washington St. W, Suite 300 Charleston, WV 25313 Legal Director Nick Ward email: nward@drofwv.org Media Inquiries Nick Ward email: nward@drofwv.org 1-800-950-5250 (toll free) (304) 346-0847 (office) (304) 346-0847 (tty) (304) 346-0867 (fax) Office Hours Monday - Friday: 8:30 am - 4:30 pm Email questions or comments: contact@drofwv.org @drofwv Subscribe to our e-mail list! Subscribe Welcome! We're glad you're here. Comments or Questions Submit Thanks you!

Protection and Advocacy for Beneficiaries of Representative Payees (PABRP) On April 13, 2018 the President signed the Strengthening Protections for Social Security Beneficiaries Act of 2018. The law directs state Protection & Advocacy (P&A) system organizations to conduct all periodic on-site reviews along with additional discretionary reviews. In addition, the P&As will conduct educational visits and conduct reviews based on allegations they receive of payee misconduct. Eligibility Criteria A PABRP client must be a SSI/SSDI beneficiary with a need or desire to obtain assistance with managing funds received from SSI/SSDI. Funding Source Social Security Administration PABRP Publications PABRP Brochure

Disability Rights of West Virginia Board of Director’s Biographical Data Sheet Date Name Home Address Home Address Line 2 City Region/State/Province Postal / Zip code County Business Address Business Address Line 2 City Region/State/Province Postal / Zip code County Home Phone Business Phone Mobile Phone Facsimile Phone Email How do you prefer to receive mail? At Home At Work How do you prefer to receive calls? At Home At Work Occupation/Employer Education/Training Volunteer Experience Primary Interest Developmental Disabilities Mental Illness Other Please list the disabilities with which you have the most knowledge and/or experience If you have other experience or interest besides the areas indicated above, please explain. For Federal grant documentation and report purposes, please check all that apply: Gender Male Female Ethnicity Caucasian African American Hispanic Native American Asian Native Hawaiian or other Pacific Islander Other Are you a person with a disability? Yes No If so, what is/are your disability(ies)? (Please check all that apply) Developmental Disability Mental Illness Other Disability Are you a guardian of a person with a disability? Yes No If so, what is/are their disability(ies)? (Please check all that apply) Developmental Disability Mental Illness Other Disability If the person for who you are a guardian is eligible for services, what age is that person who is eligible? Check all that apply Preschool Elementary School Age Secondary School Age Adult Senior Citizen (over 55) Do you have a family member who has a disability? Yes No If so, what is/are the family member's disability(ies)? (Please check all that apply) Developmental Disability Mental Illness Other Disability If your family member is eligible for services, what age is that person who is eligible? (Check all that apply) Preschool Elementary School Age Secondary School Age Adult Senior Citizen (over 55) Are you a professional in the field of… (Please check all that apply) Developmental Disability Mental Illness Other Disability Are you a service provider for persons with… (Please check all that apply) Developmental Disability Mental Illness Other Disability Are you an advocate for persons with… (Please check all that apply) Developmental Disability Mental Illness Other Disability Are you an Attorney? Yes No Are you an individual from the public knowledgeable about… (Please check all that apply) Developmental Disability Mental Illness Other Disability Are you a person who broadly represents or is broadly knowledgeable about the needs of people with… (Please check all that apply) Developmental Disability Mental Illness Other Disability Are you a Board Member or Advisory Council Member for a provider of services to Individuals with Disabilities? Yes No Submit Application Thank you for applying! We'll get back to you soon.