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September 26, 2008


Debbie Branan

My son has cerebral palsy (does not walk or stand independently) and a right arm atrophy from birth (which seriously limits his self help - dressing, writing, holding and opening things,etc.). We were denied the Katie Beckett Deeming Waiver twice because he was not "mentally retarded" and did not require 24 hour nursing care or wasn't a complete vegetable. In reading this law amendment, I can't tell if we are now more eligible because he does have a seriously life long limiting disability in PHYSICAL form but is still a bright and intelligent child. Can anyone clarify whether I should bother to reapply for Katie Beckett under this new amendment in January?

audrey jacobs

my son was sentenced to 29years in a california prison. at the time they did not know he was ADA is there anything that can be done. he has served 10yrs already.

M. Grenda

The Deeming waiver is dependent on the the definition of disability according to Social Security: "You cannot do work that you did before; We decide that you cannot adjust to other work because of your medical condition(s); and Your disability has lasted or is expected to last for at least one year or to result in death." Likewise, there is the requirement that the individual must meet the criteria for nursing home placement. Finally that individual must not be eligible for SSI.

None of those requirements are really effected by the ADAAA. The waiver concerns medicaid eligibility not disability eligibility for employment or in 504 situations.

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