Community Resources - Advocacy and Legal Services

Advocacy / Legal

Advocacy and Legal Services - Introduction

Persons with traumatic brain injury often need an advocate to help them get the services they need, beginning as soon as they are injured. An advocate can help obtain services and may assist with day to day issues, such as helping to correct a phone bill error. An advocate can be a family member, friend or neighbor. Sometimes an individual or family may need help from an organization or lawyer specializing in advocacy. Your social worker, case manager or religious leader may also be able to help with advocacy needs.

Advocacy organizations can help persons with TBI and their families determine what services they qualify for. Many informal support groups focus on advocating for rights of people with TBI or other disabilities. There are also professional organizations that focus on issues of concern to individuals with disabilities.

MAKING AN ADVOCACY PLAN

An advocacy plan will serve as a guide for your action. Using the form below to draft your plan. It will help ensure that you have:

• Considered all important aspects of your plan and
• Made the decisions necessary to begin your action.

There is nothing magical about the plan – it is simply a problem solving tool – but a very helpful one since you can use it as a road map to guide you through the rest of the advocacy process. In developing your plan you will describe your starting point, your destination, and what you will do to reach your destination. The plan will also include a tentative schedule giving you an idea of when you can expect to reach your goal.

Elements of the Plan. To start your advocacy plan, write out a short statement of the problem. Although this may seem repetitious if you have followed the problem definition recommendations discussed earlier in this chapter, writing a statement of the problem in your plan will help you focus your thinking and it will be a helpful reminder if you get stuck or sidetracked.

Next, decide what you would like to achieve as the ideal solution to your problem and write it down. The need for good record keeping takes on greater significance following brain injury. One of the greatest barriers to successful advocacy is being unclear about what you are trying to accomplish. Impairments caused by brain injuries compromise your ability to understand and be understood. If you are unsure of your goal, talk to friends, relatives, professional advocates and service providers to get ideas. Make notes of such discussion for later reference, a tape recorder is also handy during such discussions.

Be realistic about the options available to you. Your goals should be well considered and well researched. Such precautions will assure that your goals are reasonable and do-able. Remember, it is impossible to turn back the hands of time, what is done can not be undone. Consequently, your goals, while based on past actions, should be forward looking.

Although it is critical to decide on an ideal solution, it is important to realize you may not reach this goal. It may necessary to make some compromises. In other words, you may not get everything you ask for. To prepare yourself for that possibility, try to see the outcome of your efforts as a continuum, ranging from getting everything you want, various combinations of some of what you want, and including the possibility of getting nothing.

Decide on some compromise solutions that are acceptable although not ideal. Later, if compromise is reached, you will still achieve an acceptable solution and the other party will probably feel that they have accomplished something by causing you to accept a solution that addresses their needs too. You probably will also be perceived more favorably if you show a willingness to work out a solution with the other party than if you insist on only one outcome.

The next step in developing your advocacy plan is to list all of the information you need to reach your desired outcome. Divide this list into two sections -- one labeled "Information I already have" and the other labeled "Information I need to obtain."

Review the notes you took and material you collected during the information gathering stage. List laws, rules, regulations, and policies that support your point of view and write down references or citations. In addition, list philosophical, ethical, moral, humanitarian, logical and political reasons for your desired changes. List any facts that need to be established (e.g., that a handicap does exist, that you have been abused or neglected). Add to your list any information that will help show that the change you desire is needed.

Try to put yourself in the other party's place and attempt to discover how the changes you want also could benefit them. Think of as many reasons as you possibly can and then look back at your list, and decide which are most likely to be effective in influencing the other party. Discuss your ideas with friends and family, have them suggest ideas too. Mark the most effective arguments and plan to use these first, but save the others for possible use later.

Note all types of information you still need to get and allow opportunities to gather this information when developing your plan.

Next, think about the other party. What are their needs, their priorities? What arguments do you expect them to make? Write down these arguments on your plan and then think about what you will say or do in response to these arguments. Write down ideas on how you will respond.

Next, write down a step-by-step plan for how you will approach the other party and argue your point of view. This could involve a sequence of telephone calls, a letter and one or more informal meetings, with a follow-up letter summarizing agreements reached. The method you select will depend on your situation.

You will want to identify the name, telephone number and mailing address of the person you will be dealing with and perhaps some notes on where he or she fits into your life. Such a list might identify a: family member, loved one or friend; human service agency; medical and legal firm; your employer or school. When the problem involves business, career, or human services agencies: understanding the chain of command will help identify further steps you can take if a solution is not reached. When the problem involves family, friends and loved ones it becomes important to identify influential parties who could be enlisted as allies.

As you work out your step-by-step action plan, jot down the date you expect to take each step.

These dates will be approximate since you cannot control the action of the other party but the dates will help you retain your sense of purpose and direction. Whenever you request something from the other party such as: a meeting; an appointment; a change in behavior; a status report on your case or your relationship; specify when you would like a response to your request. Two weeks is a reasonable time within which to expect a response to most requests. It is certainly sufficient time to expect an acknowledgment of your request including a commitment to respond by a specified alternate date.

Finally, think about what you will do if your plan is not successful. There are almost always further steps you can take to resolve your problem. Such a list might include dealing with others further up the chain of command, and asking for a formal hearing. When such strategies breakdown you might consider asking for outside help. Another option might include mobilizing and terminating the relationship.

Working out a detailed advocacy plan is a lot of work but it will help you be more effective and it will increase your confidence. You will develop your own short cuts and time savers as you gain experience. At the beginning, however, we do not recommend trying to proceed without a plan.

AN ADVOCACY PLANNING GUIDE

Date: ___________________

The problem is: __________________________________________________

The ideal solution is: ______________________________________________

An alternate acceptable solution is: ___________________________________

Who has authority to make changes: __________________________________

Name: Title: ______________________________

Firm / Agency: ____________________________

Address:_________________________________

Telephone: Fax: ___________________________

E-mail: __________________________________

Notes on the chain of command: _______________________________________

________________________________________________________________

LEGAL ADVOCACY ORGANIZATIONS

Disability Rights of Washington
315 - Fifth Avenue South, Suite 850 - Seattle, WA 98104
Phone: 800-562-2702 or 206-324-1521; TTY: -800-905-0209 or 206-957-0728
Fax: 206-957-0729
Email: info@dr-wa.org
Web site: www.disabilityrightswa.org
Description: WPAS is a private, non-profit organization that has been protecting the rights of people with disabilities since 1974. WPAS provides free advocacy services to people with disabilities in Washington. Protection and Advocacy Systems exist in every state and U.S. territory. Eligibility: Washington state residents with disabilities, family members and others who have an interest in disability rights
How to apply: Call for information or visit their state-wide website.
Fees: None.

The Alliance of People With Disabilities
4649 Sunnyside Ave N, Ste 100 -- Seattle, WA 98103
Phone: 206-545-7055; TTY: 206-632-3456; Toll-free: 866-545-7055; Fax: 206-545-7059
Email: info@disabilitypride.org
Web site: http://www.disabilitypride.org
Description: WCCD promotes equality and choice for people with disabilities through advocacy, collaboration, and programs. Services and programs include: information, referrals, support advocacy, independent living and computer skills training. A few of the many other resources they provide include: The Disability Law Projects, Disability Resource Network, (Redmond), disability Resource Center (Everett). Washington Assistive Technology Alliance (WATA), at the University of Washington, Metro travel training, and employment tips.
Eligibility: Washington state residents with disabilities, family members and others who have an interest in disability rights
How to apply: Call for information or visit their state-wide website
Fees: Most services are free. Call or visit web site for more information

Washington LawHelp
Web site: www.washingtonlawhelp.org
Description: Washington LawHelp is an Internet based guide to free civil legal services for low-income persons and seniors in Washington. This site provides legal education materials and tools that give you basic information on a number of legal problems, and in some cases, detailed instructions and forms to help you represent yourself in court. You can also locate information on free legal aid programs in Washington, including basic eligibility and contact information.

Advocate Resource Center
Offices are near the County Courthouse in Vancouver
Phone: (360) 695-5313 Tuesday and Thursday mornings 9:30 AM - 12:30 PM. Web site: http://www.advocateresourcecenter.org/index.cfm
Description: Online information and referral network of 23 volunteer lawyer programs in Washington state.
Areas Served: Washington state
Eligibility: Low-income Washington residents
How to apply: Call or visit web site for services

CLEAR - Hotline and Legal Clearinghouse
1325 Fourth Avenue, Suite 531 – Seattle, WA 98101
Phone: CLEAR - 1-888-201-1014; CLEAR Sr. (60 and over) - 1-888-387-7111
TDD: 1-888-201-9737; King County (206) 464-1519
Web site: http://www.nwjustice.org/ - (Self-help information & resources available on web.) Description: CLEAR is Northwest Justice Project's statewide toll-free, hotline for low-income people to obtain free legal assistance with civil legal problems. The hotline operates between 9:30 a.m. and 12:30 p.m. weekdays. CLEAR Sr. is a similar project which serves people age 60 and over regardless of their financial situation.
Areas Served: Statewide
Eligibility: Non criminal legal problems affecting low-income people in Washington state. How to apply: Call for services
Fees: Call for updated information

Client Assistance Program
2531 Rainier Ave S, Seattle, WA 98144 Email: cap@quest.net
Web Site: http://www.washingtoncap.org
Area Served: Washington state.
Phones: (206) 721-5999 Office; Fax: (206) 721-5980; TDD: (206) 721-6072;
Toll Free: (800) 544-2121; Toll Free TDD: (888) 721-6072
Description: Legal advocacy service. Helps people understand and receive services of Department of Social and Health Services - Division of Vocational Rehabilitation (DVR), Washington State Department of Services for the Blind, and Washington Vocational Services. Also educates clients about their rights and responsibilities. Helps resolve client problems with vocational rehabilitation counselors.
Eligibility: Serves anyone seeking or receiving services through DSHS - Division of Vocational Rehabilitation (DVR), Washington State Department of Services for the Blind, and Washington Vocational Services. Some independent living programs also qualify.
Languages other than English: Spanish. American Sign Language interpreters are available when needed as well as information in Braille.
How to Apply: Call or apply in person. Fees: N.A.

Disabilities Law Project
4649 Sunnyside Avenue North, Suite 100 – Seattle, WA 98103-6900
Phone: (206) 633-6637; Fax: (206) 545-7059
Email: info@alliance.org
Web site: http://www.wccd.org/
Description: Provides free legal advice and representation for severely disabled in civil rights cases where their disability is an issue. Services include legal advice and representation; education; information and referral.
Eligibility: Washington state residents with severe disabilities, family members and others who have an interest in disability rights
How to apply: Call for information or visit their state-wide website
Fees: Most services are free. Call or visit web site for more information

Northwest Justice Project
401 Second Ave. So., Suite 407 – Seattle, WA 98104
Phone: 1-888-201-1014, or in King County, call (206) 464-1519; TTY: 1-888-201-9737 Web site: http://www.nwjustice.org/
Description: Maintains regional offices in Western and Central Washington. This statewide toll-free hotline enables low-income people to obtain free legal assistance with civil legal problems. Areas Served: Pacific Northwest
Eligibility: Low-income people in need of legal assistance with civil legal matters How to apply: Call for services
Fees: Free legal assistance with civil legal matters

Positive Solutions Benefit Resource Centers

KING COUNTY
115 16^th Ave – Seattle, WA 98122 Phone: 206-322-8181

KITSAP COUNTY
2817 Wheaton Way, Ste 209 – Bremerton, WA 98310
Phone: 360-373-5206
Web site: http://www.psbrc.org/
Description: Assists individuals to make educated choices, remove disability-related barriers, and enhance their lives through self-advocacy. Services include opportunities to share concerns, accurate benefit related information, and self advocacy training through one-to-one disability benefits counseling, workshops/forums and Internet technologies.
Areas Served: Kitsap and King County
How to apply: Call for services
Fees: None

Plan to Work
Phone: Toll Free 866-497-9443; TTY: 877-846-0775
Email: carlab@community-minded.org
Web site: http://www.hipspokane.org/?pg=19
Description: The Health Improvement Project houses the Plan to Work technical assistance center where beneficiaries with disabilities call for information about returning to work and its effect on their social security benefits. Many questions are answered over the phone; for more complicated cases, The Plan to Work program provides free benefits planning, assistance and outreach to beneficiaries of Social Security Disability Insurance. Plan to Work will also provide information and referral to other interested parties, such as agency staff, support people or family members. Areas Served: Statewide
Eligibility: Washington state residents, 16-64 years old, currently receiving SSI/SSDI, with questions about the impact of employment on benefits
How to apply: Call for services
Fees: None

Long Term Care Ombudsman - State
PO BOX 23699 Federal Way, WA 98093-0699
Phone: (800) 562-6028; Fax: (253) 815-8173
Web site: http://www.multi-servicecenter.com/
Email: ltcop@multi-servicecenter.com
Description: As mandated by the Older Americans Act, intended to improve the quality of life and care for people who live in long term care facilities. Advocates for the rights of the residents it investigates and resolves complaints and concerns about long term care facilities. In addition, the agency monitors laws, regulations and policies that affect residents of long term care facilities. Areas Served: Statewide
Eligibility: Residents and families of long term care facilities
How to apply: Serves as referral source for 14 regional offices throughout the state. Call for the location of an office in your community
Fees: State funded public service

Washington PAVE - Parents Are Vital in Education
6316 S 12th Street - Tacoma, WA 98465
Phone: 1-800-572-7368 Office; 1-253-565-2266 Office
Email: wapave9@washingtonpave.com
Web site: http://www.washingtonpave.com
Description: Originated in 1979 through the Parent's Campaign for Disabled Children and Youth to help parents learn about the rights of children with special needs and how to become their child's best advocate.
Eligibility requirements: Public
Area Served: Washington state
How to apply: Call for information
Fees: None

GOVERNMENT & RELATED ORGANIZATIONS

Washington State Human Rights Commission (Olympia Office)
P.O. Box 42490 - 711 S. Capitol Way, Suite 402 - Olympia, Washington 98504-2490
Phone: 360-753-6770; Fax: 360-586-2282; 1-800-300-7525; TTY: 800-233-3247
Web site: http://www.hum.wa.gov
Description: Investigates, conciliates and prosecutes claims of discrimination on the basis of disability in employment, public services, public accommodations, etc., under Washington law. Claims must be filed within 180 days of discriminatory act. (Because of backlog, may be up to a year before an investigation is initiated.)
Areas Served: Washington state Eligibility: Cases of alleged discrimination
How to apply: Call for services Fees: Free Public Service

Washington State Independent Living Council (SILC)
PO Box 45343 - Olympia, WA 98504-5343
Phone: 360-725-3695 / 1-800-624-4105 V/TTY
Description: The Governor-appointed State Independent Living Council (SILC) functions in accordance with Title VII of the Rehabilitation Act. The Council jointly develops and submits a State Plan for Independent Living in conjunction with the general vocational rehabilitation program. The Council provides advocacy, education, and leadership to guide the development of and promote access to independent living services and centers for independent living statewide. It also increases opportunities for self-determination and creates awareness of people with disabilities as a valuable human resource.

Washington State Office of Insurance Commissioner
P.O. Box 40255 – Olympia, Washington 98504-0255
Phone: 1-800-562-6900; 360-753-3613 Web site: http://www.insurance.wa.gov/
Description: Investigates consumer complaints relating to health and long-term care insurance policies.
Areas Served: Washington state
Eligibility: Public
How to apply: To obtain a complaint form call the Commissioner’s Office or visit their website Fees: Government funded public service
Governor's Committee on Disability Issues and Employment
PO Box 9046 - Olympia, WA 98507-9046
Phone: 360-438-3168; Toll free: 1-800-949-4232 Questions Re: American Disabilities Act Eligibility requirements: Public
Area Served: Washington, Oregon, Idaho, and Alaska
Fees: None

Governor's Committee on Disability Issues and Employment
PO Box 9046 - Olympia, WA 98507-9046
Phone: 360-438-3168; Toll free: 1-800-949-4232; TTY: 360-438-3167
Web site: http://www.esd.wa.gov/newsandinformation/legalresources/gcde/index.php
Questions Re: American Disabilities Act Eligibility requirements: Public
Area Served: Washington, Oregon, Idaho, and Alaska
Fees: None

City Of Seattle Office of Civil Rights
Central Building, 810 3^rd Ave Ste 750 – Seattle, WA 98104
Phones: (206) 684-4500 Office; Fax: (206) 684-0332; TDD: (206) 684-4503
Web site: http://www.seattle.gov/civilrights
Area Served: Complaints of discrimination in employment, contracting, places of public accommodation, and housing occurring in Seattle.
Description: Investigates and resolves complaints regarding discrimination in employment, contracting, places of public accommodation, and housing occurring in Seattle
Eligibility: A discriminatory act must have been committed within the limits of the City of Seattle and must have occurred within the past 180 days for agency to act in cases of alleged discrimination How to Apply: Call or apply in person
Fees: Government funded services

Adult Protective Services- Department of Social and Health Services
Centralized intake - Olympia, WA 98661
Phone: If you suspect abuse or neglect of a vulnerable adult call DSHS toll-free at 1-866-EndHarm (1-866-363-4276)
Web site: http://www.aasa.dshs.wa.gov/Resources/
Description: Adult Protective Services (APS) protects vulnerable adults by investigating allegations of abuse, neglect, abandonment, and financial exploitation. Eligibility: Age 60+, or 18+ with developmental delay – or recipients of in-home health services - an adult with a legal guardian per 11.88 RCW - an adult living in their own or family’s home receiving services from an agency or contracted individual provider; or an adult self-directing their care per law (74.39.050 RCW) Area Served: Statewide
Fees: Government funded service