December 1, 2014

Dear Senator Schumer:

I write to you on behalf of the Center for Disability Rights (CDR) regarding the current version of the ABLE Act (H.R. 647) which has passed out of the House Ways and Means Committee. CDR knows that you have been a valuable voice for the disability community in Washington, and we call on you now to take a leadership role in opposing some troubling provisions that are contained in the ABLE Act in its current form.

As you may know, CDR is a not-for-profit, community-based advocacy and service organization for people with all types of disabilities which has been advocating for the full community integration of people with disabilities for over two decades through ending the institutional bias inherent in Medicaid.

As it was originally written, the ABLE Act was an important piece of legislation that would promote the independence and self-sufficiency of many in the disability community. CDR has supported this legislation in the past because it corresponds to our own values of independence, community integration, and the civil rights of disabled people.

The current version of the ABLE Act has gutted and undermined the original intentions of the legislation. We ask you to lead New York’s congressional delegation in opposing this legislation in its current form, and to support its reintroduction as it was originally intended. There are three major problems with the current legislation.

First, in this version of the ABLE Act, eligibility for an ABLE account is cut off at age 26. It is not clear why an individual who becomes disabled at, for instance, age 27 should not enjoy the benefits of the ABLE Act merely because of his age. This age cutoff is based on no meaningful distinction in the experiences or challenges which a person with a disability will face.

Second, the ABLE Act, as now written, defines disability in such a way as to exclude those disabled people who are able to perform substantial gainful work activity. CDR advocates strongly for the widespread gainful employment of people with disabilities. As it is now written, the ABLE Act could easily create an incentive for people not to work in order to retain eligibility. The ABLE Act was intended not to create a private benefit but to provide people with disabilities and their families a tax-exempt way to save money without jeopardizing their benefits eligibility. The current definition of disability in the legislation is contrary not only to the values of CDR and of the ADA, but also to the original intention of the legislation.

Finally, and most seriously, this version of the ABLE Act includes budget cuts to vital services in other areas, including to people with disabilities. CDR opposes this provision in particular, and in the strongest terms. Aid to people with disabilities should not come at the expense of other people with disabilities. In the case of the ABLE Act, which will benefit primarily those people with disabilities who can afford to contribute up to $14,000 per year toward an ABLE account, any benefits should not come at the expense of vital services to those who are not able to afford such savings.

Accordingly, we write to alert you to these troubling developments to what had been good legislation for the disability community. We urge you to take action against the current version of the bill and to pass the ABLE Act as originally written.

 

Thank you,

Stephanie Woodward, J.D.

Director of Advocacy

Center for Disability Rights, Inc.

Cc: Senator Kirsten Gillibrand

Representative Tim Bishop

Representative Pete King

Representative Steve Israel

Representative Carolyn McCarthy

Representative Gregory W. Meeks

Representative Grace Meng

Representative Nydia M. Velazquez

Representative Hakeem Jeffries

Representative Yvette D. Clarke

Representative Jerrold Nadler

Representative Michael Grimm

Representative Carolyn B. Maloney

Representative Charles B. Rangel

Representative Joseph Crowley

Representative Jose E. Serrano

Representative Eliot L. Engel

Representative Nita M. Lowey

Representative Sean Patrick Maloney

Representative Chris Gibson

Representative Paul D. Tonko

Representative Bill Owens

Representative Richard L. Hanna

Representative Tom Reed

Representative Daniel Maffei

Representative Louise M. Slaughter

Representative Brian Higgins

Representative Chris Collins