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The legal status of people with disabilities changed significantly with the passage of the 1990 Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 (2000). The ADA was the world's first comprehensive antidiscrimination law that interprets disability as a civil rights issue. As such, the ADA reflects a departure from traditional views of disability that considered people with disabilities victims of affliction in need of medical treatment, physical rehabilitation, charity, and public assistance. This medicalized model of disability focuses on the individual as the source of a medical or psychological problem that needs to be cured or mediated. The ADA, in contrast, reflects a sociopolitical model of disability that focuses attention away from the individual and toward disabling social structures. Rather than asking individuals to approximate a nondisabled norm, it challenges social and political arrangements to accommodate different ways of experiencing the world.

The traditional policy response to disability difference has been to segregate people with disabilities into separate facilities constructed to fulfill their different needs (such as special schools, sheltered workshops, or nursing homes). Officials considered the social isolation and economic marginalization of people with disabilities a natural result of disability difference, rather than, as the social model would suggest, a form of discrimination. A sociopolitical model of disability, in contrast, views disability as a social construct, and calls for equal opportunities and full integration into mainstream social institutions. Since this approach sees barriers to full citizenship as socially constructed, society must bear the responsibility and costs of removing them.

United States Disability Policy

United States disability policy includes government programs that deliver benefits, as well as the relevant laws, their regulations, and their judicial interpretation. The earliest national disability programs provided pensions for disabled Civil War (1861–1865) veterans. These pensions were justified in terms of the moral obligation to those who sacrificed their lives for the country, and they have come to reflect a lasting trend in disability policy emphasizing moral worthiness of beneficiaries, as well as linking the disability to an inability to work. In contrast, the first European social insurance and pension programs offered categorical entitlements to broad categories of workers and the poor.

The post–World War II era saw two prominent disability amendments to the Social Security Act of 1935, 42 U.S.C. § 7 (2000). These were Social Security Disability Insurance (SSDI, Title II of the act), a federal cash-benefit program for disabled workers, and Supplemental Security Income (SSI, Title XVI of the act), benefiting individuals with disabilities with very low income, regardless of their work history. Other disability policy initiatives have sought rehabilitation of disabled workers to facilitate return to paid employment. Congress enacted the Vocational Rehabilitation Act in 1918 to benefit World War I veterans and extended the veterans training program to a more general vocational rehabilitation (VR) program for disabled Americans in 1920. This program, offering vocational training, job placement, and job counseling provided by state agencies, exists with largely the same structure today, although with major additions and more fiscal responsibility on the part of the federal government. Some of these additions included a turn toward civil rights-based programs starting in the 1970s.

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