Eligibility & Rights

Eligibility Basics: Key Definitions & Links for more detail
Social Security Administration’s Definition of Disability:
An adult is considered disabled if he/she is unable to engage in any substantial gainful work activity because of a medically determinable physical or mental impairment which is expected to last for 12 continuous months or result in death.

A child under age 18 is considered disabled if he/she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations and can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.

The Developmental Disabilities Administration has two categories of eligibility:
Full eligibility applies to an individual who has a developmental disability if they have a severe chronic disability caused by a "physical or mental condition" other than a sole diagnosis of mental illness that is manifested before the age of 22, that is likely to continue indefinitely and as a result the individual cannot live independently without continuing assistance and services that are individually planned and coordinated.

Support service only eligibility applies to an individual who does not meet the definition of an individual with a developmental disability may be eligible for "Individual Support Services". The individual must have a "severe, chronic disability", which is caused by a physical or mental condition other than a sole diagnosis of mental illness and is likely to continue indefinitely.

The American Disabilities Act covers a child or adult who:

• Has a physical or mental impairment which substantially limits one or more of the “major life activities” such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working,
• Has a record of such an impairment, or
• Is regarded as having an impairment.

The Arc of Southern Maryland services are available to families living in Calvert, St. Mary's and Charles Counties who have a child or children from the ages of birth to 22 years with a disability who need one or more of these services. Any concerned parent, professional, citizen or agency/school representative may make a referral.

Steps to Gaining Eligibility Status
The first step in Maryland is to complete the application for eligibility for services with the Developmental Disabilities Administration (DDA). DDA is the state agency that funds our agency and most others to provide ongoing residential and vocational services. There is a statewide waiting list for services, so once eligibility is determines it could be a while before something happens in your case. For more information on the Waiting List and how you can help create change, visit The Arc of Maryland Waiting List site.
To apply, you have a couple of options:

1. Download the application from DDA’s website. You can also download a fill-in form to complete on your computer.
2. Call the Southern Maryland Regional Office to request a copy and/or assistance in completing
   Gail Singletary, Eligibility Unit
   Southern Maryland Regional Office
   312 Marshall Avenue, Suite 500
   Laurel, Maryland 20707

If you have questions call: (301)362-5100; toll free 1-888-207-2479; TDD (301)362-5131. Or, call The Arc’s Family Support Services for advice and guidance: in Calvert County, call Charlene @410-535-4461 x115, in Charles County, Linda @ 301-645-0887 x103, in St. Marys, Pam @ 301-475-5652 x109. Or contact our Family Navigator Crystal @ 410-535-4461 x 112.

What’s Happens After The Application?
DDA has mapped out the full process on their website. Basically, once DDA receives your application, a caseworker will contact you to make an appointment. The representative will recommend (a) whether or not the applicant is eligible for services, (b) which services the applicant is eligible for, and the priority recommended for funding for each service, provided funds are available. If the decision is that you (or the person for whom you are applying) are eligible for DDA funding, you will be assigned a Resource Coordinator who will guide you the rest of the way. DDA does have an appeal process should you have questions with their decisions.

Know Your Rights
Yes you have rights … rights to a free, appropriate education, housing, medical care, employment and full access to the community. Some of those rights are mandated and protected by law. Others still need to be enforced by law and by resources. The Arc can help you better understand and advocate for your rights. Here’s a quick summary and links:

The Developmental Disabilities Act ensures that people with developmental disabilities and their families receive the services and supports they need and participate in the planning and designing of those services.

The Americans with Disabilities Act is civil rights legislation designed to protect people with mental or physical disabilities from discrimination based on disability by public accommodations. ADA requires public accommodations (such as restaurants, hotels, retail establishments, hospitals and child care centers) and commercial facilities to be designed, constructed and altered in compliance with the ADA Accessibility Guidelines.

The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) [link to http://idea.ed.gov/] assures that all children with a disability are entitled to a free, appropriate public education, designed to meet their unique needs.