Protection & Advocacy System Empowers Individuals with Disabilities

By Emily Munson

It can be challenging to get through each day as a person with a disability. Whether encountering inaccessible housing, a lack of empathy from employers, or a complex medical system, mundane activities can be demanding and exasperating. This situation is particularly true for individuals with traumatic brain injuries (TBI). Because TBI may not be visibly obvious, and instead is commonly considered an “invisible disability,” members of the public may not extend the same grace or assistance to someone with a TBI as they would to someone with an obvious disability, such as a wheelchair user.

Fortunately, these challenges need not be faced alone. Congress created the protection and advocacy (P&A) system, a critical resource for individuals with disabilities. Each state and territory, as well as Washington, D.C. and Native American tribes, have a designated P&A entity. Most of these entities are non-profit organizations, while several are state agencies. “Disability Rights” is part of the name of many P&A entities; for example, Indiana’s P&A entity is Indiana Disability Rights. Regardless of name or structure, the P&A system provides a wealth of information and support to individuals with disabilities.

What is a P&A entity and what does it do?

Congress created the P&A system in 1975 through passage of the Developmental Disabilities Assistance and Bill of Rights Act. Specifically, the Act created the first P&A program, called Protection and Advocacy for People with Developmental Disabilities. The program was designed to protect people with intellectual and developmental disabilities from abuse and neglect, as well as provide legal representation when their rights are compromised.

In the decades that followed, Congress created additional P&A programs. They include, but are not limited to, the Client Assistance Program, created in 1984, to help individuals with various disabilities access vocational rehabilitation services and centers for independent living and Protection and Advocacy for Voter Access, created in 2000, to ensure that individuals with various disabilities can vote in an accessible manner. In 2002, Congress amended the Traumatic Brain Injury Act to create the Protection and Advocacy for Traumatic Brain Injury program (PATBI). Each P&A entity is eligible to receive PATBI grant funding to specifically serve individuals with TBIs.

P&A entities have a broad variety of tools available to serve clients with disabilities, including:

• Legal advocacy: P&A entities can represent individuals with disabilities in a variety of disability-related matters, including housing and employment discrimination. Sometimes legal advocacy may require clients to get involved with the court system, but many matters are informally resolved through negotiation.
• Information and referral services: P&A entities can provide information about disability rights issues, as well as referrals to resources and government programs.
• Self-advocacy support: P&A entities can instruct individuals with disabilities about their legal rights, provide self-advocacy best practices, and support individuals with disabilities become empowered and effective advocates.
• Monitoring and investigation: P&A entities can monitor settings in which individuals with disabilities are served. P&A entities can also investigate allegations that individuals with disabilities have been abused or neglected.

These services are available to individuals with TBI, through the PATBI and other programs. P&A services may be especially helpful to individuals with TBI, as assigned advocates or attorneys can break down complex legal issues and navigate a mazelike bureaucracy, while upholding the goals of the individual with a disability.

Protection for Invisible Disabilities

While some TBIs have visible effects, not all do. Many disabilities are invisible, including chronic pain, executive functioning difficulties, and mental health conditions. It is important to remember that invisible disabilities are real and entitle individuals who have them to the same protections as people with visible disabilities under nondiscrimination laws like the Americans with Disabilities Act (ADA).

P&A entities often help clients with invisible disabilities access reasonable accommodations in the workplace or from housing providers. In the employment context, a reasonable accommodation may be a flexible schedule, assistive technology, or modified non-essential job tasks. P&A entities can also help individuals with invisible disabilities understand their disability-related rights in regard to housing, education, public transportation, and a wealth of other subjects. Additionally, P&A entities can help clients, including those with invisible disabilities, strategize solutions to disability-related barriers. For example, if an individual with a TBI is having difficulty managing their schedule at work, a P&A advocate could help contact the Job Accommodation Network or other resources for schedule organization tools. The advocate or attorney can then draft a request for the client’s preferred organization tool and help the client submit it to their employer.

Find Your P&A Entity

The National Disability Rights Network is the non-profit membership organization for the P&A system. Visit its website, www.ndrn.org, to find contact information for the P&A entity in your area. Most P&A entities allow individuals to request assistance by telephone, email, in person, or snail mail. Choose the most accessible option for you.

Take Back Control

P&A entities are a vital part of the community, empowering individuals with disabilities to live independent and fulfilling lives. Whether you are dealing with discrimination due to your TBI or simply want information about your disability-related rights, remember that your local P&A entity is available and willing to help. By advocating for yourself and obtaining any needed support, you can assume control and ensure your voice is heard.

Munson is a Policy Director and Senior Attorney with Indiana Disability Rights.