Creating and Maintaining a Safety 
Net for Survivors with Disabilities 

Ashley Brompton 
Program Associate 
Center on Victimization and Safety 
Vera Institute of Justice 

May 15, 2018 



Disclaimer 

Nothing in this presentation is designed to 
constitute legal advice. The scenarios and examples 
are for illustrative purposes only. For legal advice or 
guidance on a particular situation, please contact 
one of the resources referenced at the end of the 
presentation. For information on any of the benefits 
discussed in this presentation, please contact the 
administering agency. 



Today We Will Identify… 

• 
Unique elements of domestic violence and sexual 
assault of people with disabilities that may lead to 
the need for additional supports; 
• 
The types of supports survivors with disabilities may 
need to be connected to; 
• 
How to connect survivors to those supports; and 
• 
Resources for survivors to apply for and maintain 
those supports. 

Why Do Survivors with 
Disabilities Need Additional 
Supports? 



Unique Tactics of Abuse 

• 
Abusers of people with disabilities may use unique 
tactics, including, but not limited to: 
• 
Becoming a relied-upon, or primary, caregiver before 
beginning the abuse; 
• 
Becoming a legal guardian; 
• 
Using transportation options for stalking route; 
• 
Severing relationships with other caregivers and 
fostering isolation; 
• 
Refusing necessary medical care. 

Unique Dynamics of Abuse of 
People with Disabilities 

• 
People with disabilities who experience domestic 
violence face a variety of unique circumstances that 
make it more difficult for them to leave their abuser. 
• 
For example, a survivor’s abuser may also be his or 
her: 
• 
Primary caretaker, helping with tasks of daily living; 
• 
Financial fiduciary/ power of attorney; 
• 
Legal guardian; 
• 
Only means of transportation; 
• 
Provider of insurance that pays for life sustaining 
treatment. 

Additional Supports 

• 
Because survivors with disabilities may rely on their 
abuser for daily living, leaving the situation could 
mean losing: 
• 
Personal care assistance; 
• 
Transportation; 
• 
Healthcare; 
• 
Other support 
• 
Leaving an abusive situation may also mean 
leaving supports necessary for survival. Helping 
a survivor may mean replacing those supports. 

Getting Survivors Supports They 
Need 



Poll 

What services or financial supports are you aware of 
for people with disabilities? 

Please answer in the chat box. 



There are a Variety of Supports for 
People with Disabilities 

• 
Federal 
• 
Social Security Disability Insurance (SSDI) 
• 
Supplemental Security Income (SSI) 
• 
Federal Supportive Housing 
• 
Medicare 
• 
State 
• 
Medicaid 
• 
Long Term Services and Supports 

Social Security Disability Insurance 

• 
Funded by payroll taxes 
• 
Applicant must: 
• 
Have a qualifying disability; 
• 
Be under age 65; 
• 
Have a sufficient work history 
• 
Not participate in substantial gainful activity 
• 
After two years, person qualifies for Medicare 
• 
5 month waiting period 

Supplemental Security Insurance 

• 
Funded by general taxes 
• 
Need-based 
• 
Applicant must: 
• 
Have a qualifying disability; 
• 
Have less than $2,000 in assets (or $3,000 for a 
couple) and a very limited income 
• 
Allows the person to also receive Medicaid in their 
state 
• 
Begins at the first full month after determination of 
disability 

Scenario 1 

Marie and her son, Luke, are living in your transitional 
housing and receiving other services from your 
organization. Luke is 10-years-old and has Down’s 
syndrome. Marie works full time at a medical office 
with a salary of $50,000 per year. 

What, if any, financial benefits does Luke likely qualify 
for? 

Would there be any change to his benefits if Marie 
was permanently injured and had to go on Social 
Security Disability Insurance (SSDI)? 



Scenario 2 

Crystal is a 30 year old woman with autism spectrum 
disorder. She and her 65 year old mother recently 
arrived seeking shelter and services. 

Crystal has never worked and chooses not to live 
alone. Her mother receives Social Security retiree 
benefits, and had a long career as a teacher. 

What, if any, financial benefits does Crystal likely 
qualify for? 



Applying for SSDI or SSI and Other 
Considerations 

• 
Apply on the Social Security Administration’s 
website 
• 
High likelihood of denial; helpful to have a legal 
aid attorney or P&A attorney assist in the process 
early on 
• 
Representative Payees when a person has a mental 
health disability 

Housing for Survivors with 
Disabilities 

• 
Section 811 Supportive Housing for People with 
Disabilities 
• 
Only HUD program dedicated to producing 
affordable, accessible housing for non-elderly, very 
low-income people with significant disabilities 
• 
Housing Choice Vouchers (Section 8) 

Applying for Housing and Other 
Considerations 

• 
For federal housing assistance, apply through HUD. 
• 
Income limitations and calculations are similar to 
other HUD programs 

Medicare 

• 
If on SSDI, a person will automatically be enrolled in 
Medicare 2 years from the date he or she was 
declared by the SSA to be disabled, even if he or 
she is not 65 years old. 
• 
Limited coverage for disability services 
• 
LTSS coverage is limited 
• 
Home health services are only covered for 
beneficiaries who are homebound 
• 
Personal care services are not covered 

Medicaid 

• 
In addition to traditional medical care, but Medicaid 
can also provide a whole host of other services to 
people with disabilities, including long term 
supports and services 
• 
Institutional care – nursing homes and 
intermediate care facilities 
• 
Home and community based services 

Long Term Supports and Services – 
Home & Community Based Services 

• 
Program allows people with disabilities to receive 
services in the community instead of an institutional 
setting 
• 
Long-term services and supports provide assistance 
with activities of daily living and instrumental 
activities of daily living Personal Care Attendants 
• 
Case and Medication Management 
• 
Adult Day Programs 
• 
Occupational/ Physical/ Speech Therapy 
• 
Supported Employment Services 
• 
And so much more 

HCBS (2) 

• 
Almost every state has a waitlist for these services. 
The wait time varies – can be up to 10 years. 
• 
Priority: people in crisis situation (at risk). 
• 
Crisis includes homelessness, danger to self or 
others, and caregiver unable to give care 
• 
In 2013, spending on HCBS accounted for 46 
percent (or $56.6 billion) of total Medicaid LTSS 
spending, up from 32 percent (or $29.8 billion) in 
2002 (Kaiser Family Foundation). 

Scenario 3 

Mike has been homeless since leaving his abusive 
partner. He has an intellectual disability. He does not 
know how to take public transportation, manage his 
medications, or manage his finances. 

What services and/or financial supports may Mike 
qualify for? 



Applying for Long Term Supports 
and Services 

• 
The process for applying for HCBS or other long 
term services and supports varies based upon the 
person’s state of residency. 

Scenario 4 

Marissa and her 4-year-old son, Matthew, are receiving 
services from your organization. Matthew has cerebral 
palsy and uses a wheelchair. Before Marissa’s divorce, 
she was able to pay for a personal care attendant for 
Matthew while she worked at her full time job, where 
she makes $60,000 a year. For the past three months, 
she has been on leave, but she now has to return to 
work. 

How can you help to ensure Matthew gets the services 
he needs while Marissa works? 



Scenario 5 

Janet has just left her husband after twenty years of 
marriage. She is blind, has several health conditions, 
and cannot work. She has not initiated divorce 
proceedings. She and her husband share a savings 
account, but Janet does not know how to access the 
money or how much money is in the account. 

What, if any, benefits could Janet qualify for? 



Poll 

What challenges do you foresee for your organization 
in connecting survivors to these supports? 

Please answer in the chat box. 



Resources to Help Survivors Get 
and Maintain These Supports 



Protection and Advocacy Agencies 

• 
Federally mandated and funded to provide 
advocacy for people with disabilities; one in every 
state 
• 
Often focus on abuse and neglect, especially when 
occurring in institutional or service settings 
• 
Expertise in advocating on behalf of people with 
disabilities for public benefits 
• 
National Disability Rights Network – the federal 
network of the P&As 
• 
Directory of P&As 

State Disability Agencies 

• 
Every state has a disability services agency that can 
assist in connecting a person to services – they are 
also the administrator of services. 
• 
Examples: 
• 
Agency for Persons with Disabilities (Florida) 
• 
Disability Services Agency (Virginia) 
• 
Department on Disability Services (Washington, 
DC) 
• 
I/DD agency directory 

Disability Advocacy Organizations 

• 
The Arc of the United States 
• 
Autistic Self-Advocacy Network 
• 
American Association of People with Disabilities 
• 
Association of University Centers on Disabilities 

Questions? 

Ashley Brompton, J.D. 
Program Associate 
Center on Victimization and Safety 
Vera Institute of Justice 

abrompton@Vera.org 

(646) 992-1131 

www.endabusepwd.org 



Thank you! 

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Do not forget to join us for our next End 
Abuse of People with Disabilities webinar, 
“Nothing About Us Without Us: Centering the 
Movement Around Self-Advocates” on July 
17, 2018 at 3 pm ET. 

Register here.