DOCUMENTATION REQUIREMENTS TO ESTABLISH COVERAGE UNDER ADA/504, TITLE II

NOTE: I did not write the instructions provided below.  I obtained them from a posting from the judicial system in South Carolina.  Rightly or wrongly, the way it is written reflects the general attitude of family court systems through the United States.


Also, I am not endorsing these instructions or saying that these instructions are the least bit legal or that they are in compliance with ADA legislation.  What I am saying is that I believe that complying with these instructions will give you your best chance of obtaining the reasonable accommodations you need until the CT Judicial Branch itself begins to comply with the ADA. 


Currently, it is my view that the Branch is blatantly not complying.  So even if you do follow these instructions you still may not receive your reasonable accommodations, or obtain freedom from discrimination, but at least by following them I think you will have a fighting chance of having your request approved. 


By reviewing this list of instructions you will be informed about what they are looking looking for, and if you don't want to comply with them that is your decision.
 

 

REQUIREMENTS FOR ESTABLISHING ELIGIBILITY:
 

In order for the court to assess and provide reasonable accommodations under ADA/504, Title II it is necessary to document a disability that is recognized and covered under the ADA.


The mere presence of a condition or impairment does not necessarily qualify an individual as “disabled” under ADA/504. It is the requestors sole responsibility to provide documentation for the purpose of determining eligibility for services.

 

 

Acceptable documentation must be typed and include:
 

• Clear and specific statement of diagnosis and degree of functional limitation to one or more major life activity
 

• Name and credentials of evaluator
 

• Signature of professional evaluator and be dated on professional letterhead
 

• Description of any behavioral, cognitive, medical, or other features accompanying the disability that may relate to requested accommodations
 

• Medical side effects that may warrant requested accommodations
 

• Specific rationale for any recommendations should be provided
 

Unacceptable documentation includes:
 

• Prescription pad diagnosis
 

• Social Security disability benefits card or paperwork
 

• Handwritten, illegible or incomplete documentation
 

• Scratch paper
 

• Phrasing such as “appears”, “suggests”, “is consistent with”, “has a problem with” or similar wording in diagnosis statement or summary
 

• Unsigned psych-ed reports
 

• Letters from Vocational Rehabilitation counselors or other secondary sources
 

• VA forms that merely state the percent to which a person is considered disabled
 

• Casenotes without additional documentation