A Return to The Great Gathering-In
2023 Washington Seminar
By Christina Clift, Disability Connection
After a two-year absence from our nation’s capital, at 5:00 PM on Monday January 29, 2023 members of the Memphis chapter of the National Federation of the Blind along with more than 750 of their fellow Federationists came together once again for the Great Gathering-In. At the Capitol Holiday Inn in Washington D.C. with our canes at the ready, guide dogs harnessed, and our legislative priorities set, we were ready to return to face-to-face meetings with our members of Congress.
The Great Gathering-In serves as the opening session for the NFB’s Washington Seminar. Washington Seminar is an annual event of the National Federation of the Blind which introduces the organization’s legislative priorities requiring congressional attention over the coming year.
The issues are selected from official positions of the Federation and may address concerns in the following areas:
relevant civil rights issues;
educational programs and services;
rehabilitation of the blind for competitive employment;
the operation of vending facilities by blind persons on public property;
specialized library services for the blind;
the organization and funding of federal programs;
Social Security and Supplemental Income programs;
and other timely topics.
Usually, three legislative initiatives are chosen for priority attention during the Washington Seminar. During this three-day period members of the Tennessee delegation learned about and advocated for initiatives that will improve the lives of blind Americans.
We learned how to talk with our local representatives and Senators about issues on the NFB’s legislative agenda and about bad public policies that attempt to relegate us to second-class citizenship.
On a rainy Tuesday morning we swarmed Capitol Hill to speak with Tennessee legislators about our concerns and demand they sponsor legislation that will benefit the Blind. The 2023 legislative priorities included fixing the Social Security cliff, ensuring website and software app
accessibility, and requiring that home medical devices are accessible. Here is a summary of the issues we discussed.
The Blind Americans Return to Work Act
Social Security law currently contains a policy that has the unintended consequence of discouraging blind Americans from maximizing their earnings potential. The Social Security Disability Insurance (SSDI) program has a built-in earnings cliff Title II of the Social Security Act provides that disability benefits paid to blind beneficiaries are eliminated if the beneficiary exceeds a monthly earnings limit. This earnings limit, often called the earnings cliff, is in effect a penalty imposed on blind Americans when they work.
For example, the earnings limit in 2023 for a blind person is $2,460 per month. If a blind individual earns more than that threshold, even by just one dollar, they are engaged in substantial gainful activity (SGA). Under the current law, any individual engaged in SGA is not entitled to any SSDI benefits. This means that if a blind person earns just one dollar over the earnings limit, all benefits are lost.
Under this proposed legislation the earnings cliff would be eliminated by instituting a two-for-one phase-out of earnings over the SGA limit. This would mirror what happens if you receive SSI benefits. Next, it would simplify the SSDI system by eliminating the trial work period and grace period, making the rules more compatible with the Supplemental Security Income (SSI) program.
Under the proposed system, the SSDI program would become less complicated. With both programs using similar rules, there will be less confusion, and the incentive for blind people to return to work will be consistent and clear. Finally, it would create a true incentive program
that encourages blind Americans to return to work, seek out job advancement, and ultimately pay more into the Security Trust Fund.
Websites and software Applications Accessibility Act
Websites are required by law to be accessible, but without implementing regulations most businesses and retailers have little understanding of what accessible means. Websites and mobile applications are an essential part of modern living. With 41 million people with disabilities in the U.S., website accessibility can not stop when it reaches us.
There are more than 307 million Americans accessing the internet, with 81% accessing it at least once a day. This includes Americans with disabilities. In 2010 the U.S. government
published an advance notice of proposed rulemaking to address website accessibility, but the Department of Justice failed to publish an advance notice of proposed rulemaking to address website accessibility, and by extension, final regulations.
Without these final regulations in place, blind and disabled Americans face significant difficulty in electronically accessing businesses, applying for jobs, or working due to the barrier of website inaccessibility.
This act would Direct the Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC) to promulgate accessibility regulations. The DOJ and EEOC will have twelve months following the enactment of the legislation to issue a notice of proposed rulemaking regarding website and mobile application accessibility, then an additional twelve months to issue the final rule. It would also establish a comprehensive statutory definition of
accessibility. Finally, it would establish a technical assistance center to provide technical assistance and support covered entities.
Medical Device Nonvisual Accessibility Act
Inaccessible digital interfaces prevent blind individuals from independently and safely operating medical devices that are essential to their daily healthcare needs. Medical devices with a digital interface are becoming more prevalent and less accessible for blind Americans.
Most new models of medical devices, such as glucose and blood pressure monitors, along with the emergence of in-home devices that offer medical care options, such as chemotherapy treatments and dialysis, require consumers to interact with digital displays or other interfaces. This new technology is constantly being developed and deployed without nonvisual accessibility as an integral part of the design phase, which creates a modern-day barrier. The inaccessibility of these medical devices is not a mere inconvenience; when accessibility for blind consumers is omitted from the medical technology landscape, the health, safety, and independence of blind Americans are in imminent danger.
This act Calls on the Food and Drug Administration (FDA) to promulgate nonvisual accessibility regulations for Class II and Class III medical devices. The FDA will consult with stakeholders with disabilities and manufacturers and issue a notice of proposed rulemaking
no later than twelve months after the date of enactment of the act. No later than twenty-four months after the date of enactment of the act, the FDA will publish the final rule including the nonvisual accessibility requirements.
Next, it requires manufacturers of Class II and Class III medical devices to make their products non-visually accessible. Manufacturers will have twelve months following the publication of the final rule to ensure that all the Class II and Class III medical devices they produce are non-visually accessible. Finally, this act authorizes the FDA to enforce the non-visual access requirements for Class II and Class III medical devices.
“Washington Seminar demonstrates the power of the Blind as a collective voice for change,” said NFB of Tennessee President James Brown. “It’s a powerful sound hearing hundreds of white canes tapping their way around Capitol Hill.”
We invite anyone who is interested in advancing the cause of blind Americans to join us in 2024 in D.C. We hope to see you at our Great Gathering-In, so you can become a part of creating change in the lives of the blind.
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