Independent Living Resource Centre

Dear Advocacy:

For the first “Dear Advocacy” entry, a long-time member of ILRC, and long-time Self-Advocate, Sharon Olson, offered to write this article with me.  Throughout her years of being a creative and successful self-advocate, she has gathered some very useful information that she would like to share regarding appealing undesirable decisions made by Employment and Income Assistance.

The best place to start is to access information on Employment and Income Assistance for Persons with disabilities.  From the Government on Manitoba website (www.gov.mb.ca/fs/pwd/iapd.html), you can access the EIA fact sheet, which describes such topics as “Basic Assistance”  “Special Needs”, “Child Care”, and “Medical Transportation”.

After getting the facts, if you decide that you want to appeal a decision, your next step is to contact the Employment and Income Assistance Appeal Board. The Phone number is 945-3003, and appeals can be made in writing to:
7th Floor – 175 Hargrave St
Winnipeg MB R3C 3R8

While preparing for an appeal, you can access personal files held by the government by calling the Government Freedom of Information Act (945-3738). You would need to fill out an Access form which can be downloaded  at www.gov.mb.ca/chc/fippa/index.html Information found here may be helpful in supporting your case. This is however a timely process, therefore if it something you are considering, do not leave it until the last minute.
           
Also,the Government Inquiry Line (1-866-626-4862) can give you the phone number and address of any Provincial Government program, as well as general information regarding Government programs and services.

Appeals can often be very stressful, and difficult to prepare for, especially if it is a new experience.  Please feel free to call me if you require any additional resources, or would like support with your appeal.  Sharon has also offered to Peer Support with anyone who is interested.

I hope this has been an informative first issue, and I look forward to more Advocacy questions for the next issue.

Options October 2005

Bon Voyage???

I recently traveled with several coworkers and board members to Montreal for a conference. Here’s the group breakdown; two were power wheelchair users requiring 3 attendants  between them, one had a visual impairment and used a white cane, and the other two were able-bodied. Although the 8 of us did manage to get there and back, it was not without many bumps and bruises on the way!  The stories are long and complicated, and we would really have to sit down for an afternoon tea in order for me to fully express all of them, so instead, I am going to give you some helpful travel tips for next time you get the urge to leave this beautiful city. And with snow around the corner, I anticipate many of us getting this urge!!

First of all, make sure all of your needs have been thoroughly thought out by yourself, written down, and explained to your travel agent, the airline, the hotel, and any other connections you will need to make along your way.  Although service industries should have some disability awareness, every disability is different, it is your responsibility to ensure your needs are understood.

No matter how much preparation goes into planning a trip, inevitably something is going to go wrong, be it big or small, and let’s hope small!  When something does go wrong, Make sure your issue is heard by someone who has the ability to resolve it.  Remember, you get better results from being understanding of mistakes, but firm in your needs for resolution, than by screaming and yelling, or not saying anything at all.  Every time someone with a disability’s travel needs are accommodated, everyone involved learns from the good and the bad.

Most importantly, what I learned from my fellow travelers is to not shy away from an adventure. It is a learning experience for everyone, and the memories make it all worth while!!

Do you know what PHIA is?  PHIA is the Personal Health Information Act.  This act is very important to you as a consumer, and it is important to know your rights!  Under the Government of Manitoba’s Personal Health Information Act, you have 2 rights:

• access your personal health information, and

• have your personal health information kept private

Although the right to access your personal health information is equally as important, I wanted to explain a little more about the second right.  Not only do you have the right to have your personal health information kept private, workers in the health care industry are obliged to follow certain rules with regards to information you share with them.  Every employee and student at the ILRC us trained in PHIA, and know their obligation to keep your personal information confidential.  This is important so that individuals can feel safe in sharing the information necessary in order to access the resources and services required. 
When an employee of ILRC, or any other Health Service Agency collects personal information from a consumer, it is important that they only collect what is needed to properly understand and support the individual.  Once this information has been collected, it can be used in the following ways:

• the purpose for which it was originally collected;

• a purpose directly related to that purpose; and

• the purposes set out in the Act

This information cannot be shared with anyone outside of the agency without written or other reasonable consent from the consumer.  Of course, the exception to this rule is if providing this information without consent is necessary for health or safety reasons (i.e., if someone disclosed that they planned to physically harm themselves).

The ILRC wants consumers to feel comfortable and respected when accessing support and I felt it was important to share this information.  This is only the tip of the iceberg as far is information contained in PHIA, and I encourage you to check out http://www.gov.mb.ca/health/phia/ for more information, or feel free to access the PHIA PowerPoint we have at the Centre

Sometimes I feel like before the door has even closed, the appointment is over and my doctor is rushing off to the next client.  Did I say everything I wanted to say?  I swear there was something else…….

If this has ever happened to you, here are a few tips that might help you get the most out of your small little chunk of time with your Doctor:

1. Before you go, write a list of all the questions or statements you have for your doctor.  Bring this list and a pen with you so you can write down the answers, and check-off the points as you go.

2. Make a list of any medications you are on, how often and how you take them, and how much you take so that you can easily answer any questions the doctor might have.

3. If the doctor tells you something that you don’t understand, ask for clarification. This is your health, your life, and your right to understand your medical situation.

4. If you are prescribed a treatment, make sure you understand the treatment.  You also have the right to ask what other treatment options are available, and where you can get information to make the best choice for yourself.

5. If you are prescribed a new medication, ask what it will do, if there are any side effects, and how it might react with any other medications you are on.

6. Bring someone you trust with you if you are uncomfortable asking questions alone, or require help writing information down. 

7. If you feel your doctor is not answering your questions or fulfilling your medical needs, you may want to put your concerns in writing.  People are often more responsive to requests on paper.

8. Under certain circumstances, you may want to consider changing Doctors.  To find a Doctor accepting patients in your area, you can call the Family Doctor Connection at 786-7111.

9. You can also research any Doctor in Manitoba through the Physician Profile Search at http://www.cpsm.mb.ca/physician_info/search.

10. If you feel you have been mistreated by your Doctor, you can contact the College of Physicians and Surgeons and request an investigation (774-4344, toll free 877-774-4344, www.cpsm.mb.ca )

Good-Luck!

This summer I have supported three consumers at Review Tribunals for Canada Pension Plan Disability, and have had many other inquiries regarding the CPPD application process.  One of the questions I hear most often is “how long is it going to take?”. Unfortunately, there is no concrete answer to that question, but I will outline the entire process, from initial application to Pension Appeal Board, the best I can:

1. Apply for CPPD

• A response will be mailed in approximately 4 months

• If your application is not accepted, you will have 90 days to ask for reconsideration

2. Ask for reconsideration

• A response will be mailed in approximately 3-5 months

• If your reconsideration is not accepted, you have 90 days to appeal to the Office of the Commissioner of Review Tribunals

3. Apply to the Office of the Commissioner of Review Tribunal

• A Tribunal will be scheduled in approximately 5 months from the time the application is received by OCRT

• The Review Panel’s decision is mailed out within 6-8 weeks of the Tribunal

• If the appeal is not accepted, you have 90 days to request a “leave to appeal “ to the Pension Appeal Board

4. Pension Appeal Board

• The Pension Appeal Board will decide whether or not to hear the Appeal, and will notify you within 6 weeks.

• If the Appeal Board decides to hear your appeal, a date will be set between 8 months to a year from the date you are notified.

• After the Appeal, the Board will notify you of their decision within 8 weeks.

This process can be very long and draining, it is always helpful to have someone knowledgeable about the system supporting you.  At any time during this process, I am available to speak with you and offer information and support

When we think of Advocacy, we usually think of an issue with an organization or governmental system.  But what if the barrier to your happiness is family?  How do we advocate for our desires when it’s someone close to us who is standing in the way?

Personal relations can bring a whole new set of obstacles to an advocacy situation.  For example, out of love, respect, or apprehension of someone close to you, you might be more willing to ignore the issue, or sweep it under the rug to not create a rift in the relationship.  Or, because emotions can be more intense with family or friends, situations can escalate, feelings can get hurt, and we can lose sight of the issue and let emotions take over.  So, how do we keep focus on the issue, and open up dialogue with family?

Before approaching the issue in person, take the time to clearly outline how you feel, and why.  Write down the main points that you want to make, then invite the other person to a conversation.  You may decide to bring the written notes with you, to ensure that all your points are expressed.  During the conversation, make sure that the other person has the opportunity to express their feelings, and that you understand the reasons for them.  Hopefully, if you can achieve a calm, open-minded conversation, you can also achieve a resolution!
 
If you would like additional support with advocating to family, you can always give me a call.  Some other resources in the community to check-out are:
Mediation Services mailto:info@mediationserviceswpg.ca , (204)925-3410)
The Family Centre  mailto:staff@familycentre.mb.ca , (204)947-1401

Unfortunately, it still happens all too often that people in our community face discrimination; differential treatment due to personal characteristics.  It is important to know how your rights are protected against discrimination under the Human Rights Code, and if/when/and how to make a complaint to the Manitoba Human Rights Commission.

There are a number of Protected Characteristics under the Code, these characteristics are ancestry; nationality or national origin; ethnic background or origin; religion; age; sex (including pregnancy); gender-determined characteristics; sexual orientation; marital or family status; source of income; political belief; and physical or mental disability. If someone were to treat you differently without reasonable cause, because of one these characteristics that you possess, you may have a Human Rights complaint.  The primary areas where discrimination is prohibited are employment, provision of public services and rental of premises.

Examples of discrimination include the refusal to make reasonable accommodations for someone’s disability in a workplace setting, refusing a public service due to someone’s source of income, or denying someone rental property due to ethnic background.

It can often be difficult to determine someone’s motivation for a certain action, and discrimination can be difficult to prove.  If you feel you have or are being discriminated against, try to get as much information in writing as you can, and any witnesses who would be willing to support your claim. Upon contacting the Human Rights Commission, an Intake officer will guide you through the process and the different options.

If you want to learn more about the Manitoba Human Rights Commission, you can access their website www.gov.mb.ca/hrc or call 945-3007, toll free 1-888-884-8881, TTY 945-3442

It is your responsibility to protect your rights!

*Information for this article was compiled from public information available on the Manitoba Human Rights Commission website

Dear Advocacy usually takes the opportunity to address a specific question or issue faced by individuals who have participated in the program.  With the theme of this Options being “Let’s get splashy: Supports don’t always need a life preserver” I had a hard time choosing just one issue to portray under this heading.  What I felt was needed in this article was a small tribute, without naming any names, to the brave and strong self-advocates who have passed through my office and demonstrated to me “supports don’t always need a life preserver”

When faced with wave after crashing wave on the journey to independence, it can be pretty difficult at times to resist the urge to just let go of that life preserver and sink to the bottom.  We grow weary of continually having to battle for what we know is right, and sometimes it seems like it could be so much easier if someone else could fight our fights.  In my job I have the privilege of working with some of the strongest and most determined people I have ever met.  The thing about self-advocacy is that it isn’t easy, and you don’t always get what you had originally set out to get.  But when you begin with an open-mind and the will to keep moving forward, guaranteed you will get something for your efforts.  Self-advocacy is a process by which you learn about systems, about government, about policies, about disability rights, and most importantly, you learn the strength within yourself.  As ILRC’s Self-Advocacy Consultant, I have learned from the resiliency of people with disabilities, and every day I am inspired by the people I work with.  Not only is self-advocacy about not letting yourself sink, it’s about taking hold of that life preserver, and before you know it, you’re swimming on your own!  Sometimes you gotta just plug your nose and…..JUMP IN!