Redefining Independence on National Disability Independence Day

This blog is authored by Vilte Baliutaviciute, MA, LPC, a member of the IntraSpectrum Counseling team.

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July 26th is National Disability Independence Day. This commemorates the day in 1990 when the Americans with Disabilities Act (or ADA) was signed into law. The ADA enshrined several crucial civil rights protections for individuals with disabilities. It:

• Requires employers to provide reasonable accommodations, so disabled people can safely do their jobs
• Forbids discrimination on the basis of disability for things like government programs and public services
• Requires public places such as hotels and restaurants to be accessible

Shortfalls in the ADA
But more than 30 years after the ADA was passed, is it being upheld? Even with amendments expanding the definition of disability in 2009, is it sufficient? While the ADA was intended to protect disabled employee’s rights, it is still legal under the Fair Labor Standards Act (FLSA) to pay some employees with disabilities below the minimum wage. If a disabled person is receiving Supplemental Security Income (a program meant for low-income disabled people who don’t qualify for Social Security Disability benefits), their benefits may be reduced, or they may even become ineligible, if they get married. This happens under the belief that the spouse’s income becomes available to them. It is rooted in the historical assumption that disabled people are the responsibility of family and partners. This puts already vulnerable people (low-income disabled folks) in the position of having to stay dependent on others, or avoid marrying in order to preserve their benefits. Marriage equality is still not a reality for many people with disabilities.

And What, Really, Does Independence Mean?
Many times, the very things that empower or enable disabled individuals are stigmatized and looked down on. People receiving accommodations for their disability are often seen as “giving up” on being abled. It is still a cultural norm to talk about people being “bound” to wheelchairs, instead of recognizing the freedom and agency a mobility aid can provide. Many advocacy groups will point out that disabled people are often more impaired by societal barriers than their own diagnoses. As disability is falsely correlated with dependence, being able-bodied is falsely correlated with independence. Every person on earth, regardless of their ability status, relies on others for things like shelter, education, basic needs, emotional support, and care. The notion of the perfectly abled, perfectly independent person is a myth. Perhaps, by throwing out this strict binary, we can move toward a world where both people’s agency, and their interdependence, is supported.

Conclusion and Resources
The work of combating ableism and uplifting disabled people is a big journey, but every inch counts! At the individual level, a therapist can support someone seeking assistance or accommodations for their disability, help them process the emotional toll of ableism or the ambiguous grief of ability changes, and explore the intersection of disability with other identities such as LGBTQ+ status and ethnicity. At the community level, here are a few resources as a start:

• The ADA’s Guidance and Resources page
• Advocacy services from Chicago’s Disability Resources Division
• How to Be a Good Ally from the World Institute on Disability

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As Chicago’s leading psychotherapy practice dedicated to the LGBTQ+ community, IntraSpectrum Counseling provides the highest quality mental health care for clients of all ages and across the spectrum of identities. For anyone needing affirming and validating support or healing with any issue, please click here or email us at help@intraspectrum-chicago.com.