A copy of “ADA Paratransit Eligibility: How To Make Your Case” is attached. etc. Make sure that you discuss how the person will help you before you go to …
ADA Paratransit Eligibility: How To Make Your Case
Date: July 2, 2003
To: Disability community members and related organizations, groups
individuals
From: Kevin Irvine, Senior Transportation Advocate, Equip for Equality
Re: ADA Paratransit Eligibility Handout
The Americans with Disabilities Act requires public transit agencies to
provide paratransit services to people with disabilities who cannot use
the fixed route bus or rapid rail, due to their disability or access
barriers Unfortunately, some people with disabilities may not know how to
effectively advocate for themselves when they are applying for ADA
paratransit certification or re-certification As a result, some people
may be denied paratransit services to which they are legally entitled
To help address this problem, Equip for Equality EFE partnered with
Marilyn Golden of Disability Rights Education and Defense Fund DREDF to
create a new publication, ADA Paratransit Eligibility: How To Make Your
Case EFE also received valuable feedback from some people with
disabilities for an early draft of this document This handout is designed
to assist people with disabilities, advocates, agency staff, and/or
family
members in understanding how a person can effectively advocate for
themselves in the paratransit eligibility process A copy of ADA
Paratransit Eligibility: How To Make Your Case is attached
Since this publication is designed to be applicable to anyone, in any
region of the country, it does not include information specific to any one
city, state or region If you live in the greater Chicago area, you can
obtain information about applying for paratransit by contacting the
Regional Transportation Authoritys Paratransit Certification Program at
312-663-HELP 4357 or 312-913-3122 TTY or check out RTAs website at
http://wwwrtachicagocom/infocenter/paratransitasp
If you have any questions about this handout, please feel free to contact
me directly If you have feedback on its content or design, please let me
know so that your feedback can be considered if this handout is revised or
updated in the future
Kevin Irvine
Senior Advocate, Equip for Equality Inc
20 N Michigan Ave, Suite 300, Chicago 60602
312-341-0022 ext 7321 voice
1-800-537-2632 ext 7321 voice
800-610-2779 TTY “ 312-341-0295 “ Fax
kevin@equipforequalityorg
wwwequipforequalityorg
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ADA Paratransit Eligibility: How To Make Your Case
Kevin Irvine, Senior Advocate, Equip for Equality
Illinois Protection Advocacy “ wwwequipforequalityorg
Marilyn Golden, Policy Analyst,
Disability Rights Education Defense Fund DREDF “ wwwdredforg
The purpose of this handout is to assist people with disabilities to obtain
an accurate and fair ADA paratransit eligibility determination Many people
with disabilities who should be eligible for paratransit services according
to the Americans with Disabilities Act ADA are denied eligibility because
transit agencies are not accurately assessing their capacities People with
disabilities can affect this process, in many cases, by carefully
documenting their disabling conditions, ensuring all their disability-
related impairments are assessed, and taking other steps described below
The Americans with Disabilities Act ADA requires transit agencies to
provide paratransit services to people with disabilities who cannot use the
fixed route bus or rail service also known as mainline service In
general, paratransit service must be provided within 3/4 of a mile of
a bus
route or rail station, at the same hours and days, for no more than twice
the regular fixed route fare The ADA further requires that paratransit
rides be provided to all eligible riders if requested any time the previous
day, within an hour of the requested time
The US Department of Transportations ADA regulations
provide three categories of paratransit eligibility:
ADA Paratransit Eligibility Category 1 People who cant travel on the
bus or train, even if its accessible, because of a disability
This category includes people who are unable, due to a mental or physical
impairment including a vision impairment, to board, ride, or disembark
from an accessible bus or train without assistance For example:
People with cognitive disabilities, if they do not know where to get off
the bus or how to go to their destination from the bus stop
People with visual impairments, if they dont have the travel skills
needed to navigate the route to their destination
A person with a visual impairment that allows him/her to see well enough
to travel independently during the daytime but not at night
ADA Paratransit Eligibility Category 2
People who need an accessible
bus or train
This category includes wheelchair users and other people with disabilities
who can use an accessible vehicle but who want to travel on a route that is
still inaccessible not served by accessible buses or accessible trains and
key rail stations
ADA Paratransit Eligibility Category 3 People who have a specific
disability-related condition
This category includes people who have a specific disability-related
condition that prevents them from traveling to a boarding location or from
a disembarking location Environmental barriers distance, terrain,
weather or architectural barriers not under control of the transit agency
such as lack of curb ramps that prevent an individual from traveling to
or from the boarding or disembarking locations may form the basis for
eligibility For example:
A person who uses a wheelchair may be able to negotiate a trip to the bus
stop up a moderately sloped hill on a summer day, but not in the winter
after a heavy snowfall Then the user would be eligible for paratransit
A person may be eligible if architectural barriers present safety hazards
on the only route to the train station
or bus stop
A person who walks with a cane and would need to travel 3/4 mile to the
bus route, but she cannot walk that great a distance
People with disabilities that affect them very differently over time,
such as multiple sclerosis During some periods, they are able to go to
the bus stop or train station During other periods, they are not able to
do so
All three categories include people who may be able to ride
mainline transit for some trips and not for other trips
Step One: Figure out what categories you are eligible for
For each category, provide detailed information/documentation that explains
why you are eligible for that category Some types of documentation will
support your claim in more than one category You should consider your
potential travel throughout the entire bus and/or rail system during all
seasons, not just those in your immediate neighborhood or those that you
normally use For example, you may be able to get to the bus stop near your
home, but not the one near your workplace or the movie theater, or near
other future travel destinations Think about your ability to deal with the
variety of environments you
might face across town, as well as any variable
conditions that you experience due to your disability
Step Two: Prepare your supporting documentation
The US Department of Transportations DOT ADA regulations do not
place any limits on the amount or type of documentation that people with
disabilities may provide to support their paratransit eligibility
application This means that you can provide any information or
documentation that will help you show that you are eligible because you
cannot use the fixed route transit system
To be successful, you must accurately show that you are actually unable to
ride the bus or train all or some of the time, not just that it is more
difficult for you
Be sure to include information on any secondary disabilities you have, such
as disorientation, fatigue, or difficulties with balance
Documentation may include any or all of the following:
A detailed statement from a disability-service provider
independent living specialist, rehabilitation counselor, travel
trainer, employment-support specialist, etc This should
explain how your disability or its symptoms/effects prevent you
from using the mainline system
A detailed statement from a medical professional physician,
psychologist, therapist, etc Medical or disability-related
information should explain how your disability or its
symptoms/effects prevent you from using the mainline system
A detailed personal journal/log that documents the impact of
travel on your disability, health, energy, stamina, etc This
can be as detailed as you wish, so long as it is clear For
example, one entry might read: May 31, 2003: I went four
blocks to the store this afternoon While at the store, I needed
to take 20 minutes to rest before getting the energy to shop
When I returned home, I needed to rest for two hours before I
had the energy to make dinner
A detailed listing of the access barriers that prevent you from
traveling to the bus stop or rail station For example, no curb
cuts on all four corners, no sidewalks, extremely busy
intersection with fast walk/dont walk cycle, no pedestrian
signals, lack of snow removal during winter months,
hilly
terrain, weather during portions of the year that makes
negotiating the distance impossible for you, etc
Information about other factors that would prevent you from
riding the mainline service, such as inadequate funding for
personal assistance services that would allow you to be
adequately dressed to be outside for a prolonged period of time,
or inadequate funding for a power wheelchair, etc For example:
I could use the mainline bus on cold days if I had assistance
to get my coat, gloves, hat and scarf on, but current funding
only allows me to hire a personal assistant to come to my home
first thing in the morning and at the end of the day and I
cannot wear those warm clothes indoors all day
Step Three: Make the most of an in-person interview or functional
assessment
The DOT regulations allow each transit provider to set up its own system
for determining ADA paratransit eligibility Providers may require in-
person interviews, with or without functional assessments or tests The
functional assessment is a
process to help determine whether you have the
ability to use fixed route bus and/or rail service and, if so, under what
circumstances Functional assessments are evaluations that assess physical,
visual, or cognitive ability They may include a simulated trip to and from
a bus, a simulated bus trip, boarding a bus, negotiating a curb or curb
cut, crossing the street, etc Skills evaluated may include balance,
strength, coordination, range of motion, bus travel skills, community
safety skills, and general orientation Variables in the environment as
well as the persons ability to perform the tasks required to use the bus
may be considered
Be sure to discuss any secondary conditions or disabilities that may
affect your ability to use the bus or train, such as fatigue,
disorientation, balance, etc Also be sure to discuss any variable
disability-related conditions you experience that may change your
ability to travel by fixed route transit at different times
Be sure the interview or assessment considers your travel throughout
the entire bus and/or rail system during all seasons
If you use a power wheelchair or mobility device, be prepared to
explain if your travel is still limited by other factors: lack of
sidewalks or safe paths of travel, heat, cold, etc
If a functional assessment is not assessing one of your disabling
conditions, mention it Make sure it is being considered in some other
manner eg consideration of the information you provide, or of
documentation from medical professionals, as discussed above It is
the transit agencys responsibility to know that some disabilities
cannot be evaluated by a functional assessment Examples include
seizure disorders, psychiatric disabilities, and variable conditions
such as multiple sclerosis
If you feel that some aspect of your disabilitys potential impact on
your inability to use mainline transit is not getting due
consideration, talk to a supervisor
Step Four: Bring help if you need it
When you have an in-person ADA paratransit eligibility interview or
functional assessment and you need self-advocacy help, you can bring
someone with you This person could be a friend, family member, advocate,
service provider, lawyer, therapist, etc Make sure that you discuss how
the person
will help you before you go to the assessment If you need this
help, you may be able to get assistance from a Center for Independent
Living or other disability service agencies
Step Five: Appeal if you are denied paratransit eligibility
If your application for paratransit services is denied or you are denied
recertification, you may file an appeal, as long as you dont wait too
long you must be allowed at least 60 days within which to file your
appeal To assist you in your appeal, you should review the list of
suggestions in Step Two and think about what new documentation you could
provide The eligibility denial letter you received is required to state
specifically the reason for the denial Consider closely the reasons
given in your denial letter and be sure you address them during your
appeal
The ADA requires that the appeal process include an opportunity to be heard
and to present information and arguments The decision on the appeal must
be made by someone uninvolved with the initial decision to deny
eligibility Written notification of the result must be provided, with
reasons stated If the transit agency has not made a decision within
thirty days of the completion
of the appeal process, paratransit service
must be provided until and unless a decision to deny the appeal is issued
Step Six: If your appeal is denied, and you dont think the
ADA paratransit eligibility process was fair, you can
File a complaint with the FTA Office of Civil Rights
The Federal Transit Administration FTA Office of Civil Rights is
responsible for civil rights compliance and monitoring, which includes
ensuring that providers of public transportation properly implement
Title II of the ADA, the DOT ADA regulations, and Section 504 of the
Rehabilitation Act of 1973 In the complaint investigation process,
FTA looks for possible ADA violations by the transit provider ADA
violations found by FTA are presented to the transit provider for
correction of the problems within a predetermined timeframe
Therefore, it is worthwhile to file a complaint
To date, FTA has been more involved in pursuing violations of the
eligibility process for example, ensuring that transit agencies have
a proper appeals process than in second-guessing the content of a
particular eligibility appeal
decision However, it is very important
that FTA hear about problems with eligibility denials, especially
serious problems and patterns that is, when the same problem affects
more than one person Eligibility complaints to FTA may be
particularly effective if important information was disregarded by the
transit agency, or if multiple complaints are submitted by several
people against the same transit agency, especially if all are
submitted together
To file a complaint in writing, you should either fill out the
FTAs Complaint Form or send a letter to: Director, FTA Office of
Civil Rights, 400 7th Street, SW, Room 9102, Washington, DC
20590 Include as many details as possible The FTAs ADA website
is http://wwwftadotgov/14524_ENG_HTMLhtm and the FTA ADA
complaint form is on that website at
http://wwwftadotgov/14531_14889_ENG_HTMLhtm You may also
contact the FTA by e-mail at: adaassistance@ftadotgov
Contact your local Center for Independent Living CIL, Protection
Advocacy PA agency, or other disability advocacy agency
You may find out that other people have had similar
experiences when
attempting to obtain ADA paratransit eligibility An organized effort
to address problems with a transit provider may result in an improved,
fair process for everyone Some PA agencies may be able to provide
legal advice or even a lawyer to represent you in court
To find the CIL nearest you, call the National Council on
Independent Living at 877-525-3400 V/TTY or go to
wwwncilorg Also, find it by clicking on your state at the
website of Independent Living Research Utilization ILRU at
http://wwwilruorg/jump1htm
To find the Protection and Advocacy agency for your state,
contact the National Association of Protection Advocacy
Systems at 202-408-9514 voice, 202-408-9521 TTY, e-mail:
info@napasorg or wwwnapasorg
File a lawsuit in Federal Court
The ADA requirements for paratransit eligibility are not optional and
can be enforced by filing a lawsuit, if necessary If you cannot get
legal assistance from your states PA or another legal assistance
agency, you can contact your local bar association for referral to a
lawyer or
you can file a lawsuit yourself, without a lawyer pro
se
To find out more about obtaining a lawyer, contact the American
Bar Association at 202-662-1000 or 800-285-2221 voice,
askaba@abanetorg or wwwabanetorg
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