Braille
Monitor
APRIL. 1978
VOICE OF THE NATIONAL FEDERATION OF THE BLIND
Digitized by the Internet Archive
in 2010 with funding from
National Federation of the Blind (NFB)
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THE BRAILLE MONITOR
PUBLICATION OF THE
NATIONAL FEDERATION OF THE BLIND
APRIL 1978
CONTENTS
THE END OF INSURANCE DISCRIMINATION IS IN SIGHT 89
BY JAMES OMVIG
I AM A BLIND MOTHER FIGHTING TO KEEP
MY CHILDREN FROM CORRUPTION 96
BY RAMONA WALHOF
THE NFS OF PENNSYLVANIA WINS A VICTORY
FOR THE BLIND OF THE NATION 101
BY TED YOUNG
ACCOMPLISHMENT IN IOWA: THE ANNUAL REPORT
OF THE IOWA COMMISSION FOR THE BLIND 103
MARYLAND LEGISLATURE HONORS
PRESIDENT SANDERS AND THE FEDERATION 106
IN THE JURY BOX 107
BY MARY BARBER
LIZ WESTON BEATS THE BLUES 108
CONVENTION RESERVATIONS 112
FEDERATIONISM AT WORK AT SEATTLE COMMUNITY COLLEGE 113
KURZWEIL READING MACHINE TESTING PROJECT
NEARS A SUCCESSFUL CONCLUSION 114
RECIPE OF THE MONTH 115
BY ARLENE GASHEL
MONITOR MINIATURES 116
THE DEADLINE FOR ARTICLES TO APPEAR IN THE JUNE ISSUE IS APRIL 10th.
© National Federation of the Blind, inc., 1978
THE BRAILLE MONITOR
PUBLISHED MONTHLY IN INKPRINT, BRAILLE, AND ON TALKING-BOOK DISCS BY
THE NATIONAL FEDERATION OF THE BLIND
RALPH SANDERS, President
CORRESPONDENCE FOR THE PRESIDENT SHOULD BE SENT TO;
BOX 4422
BALTIMORE, MARYLAND 21223
,\'ATIO,\AL OFFICE
218 RANDOLPH HOTEL BUILDING
FOURTH & COURT STREETS
DES MOINES, IOWA 50309
WASHINGTON OFFICE
1346 CONNECTICUT AVENUE, NW., SUITE 212
WASHINGTON, D.C. 20036
ADDRESS CHANGES AND SUBSCRIPTION REQUESTS SHOULD BE SENT TO
THE NATIONAL OFFICE, WITH THE ENVELOPE MARKED "BRAILLE MONITOR."
ARTICLES AND CORRESPONDENCE FOR THE EDITOR SHOULD BE
ADDRESSED TO THE EDITOR AND SENT TO THE WASHINGTON OFFICE.
DONALD McCONNELL, Editor
MONITOR SUBSCRIPTIONS COST THE FEDERATION ABOUT $15 YEARLY.
MEMBERS WHO CAN AFFORD TO DO SO ARE INVITED,
AND NON-MEMBERS ARE REQUESTED, TO COVER THE SUBSCRIPTION COST.
BRAILLE IS AVAILABLE ONLY TO THE DEAF-BLIND AND THOSE WITH
A SIMILARLY COMPELLING NEED FOR THAT MEDIUM.
DONATIONS AND SUBSCRIPTION PAYMENTS SHOULD BE MADE PAYABLE TO:
THE NATIONAL FEDERATION OF THE BLIND, AND SENT TO:
RICHARD EDLUND, Treasurer
NATIONAL FEDERATION OF THE BLIND
BOX 11185
KANSAS CITY, KANSAS 661H
* * *
If you or a friend would like to remember the National Federation of the Blind in your will,
you can do so by employing the following language:
"I give, devise, and bequeath unto National Federation of the Blind, a District of Columbia non-
profit corporation, the sum of $ (or " percent of my net estate" or "the following
stocks and bonds: ") to be used for its worthy purposes on behalf of blind persons."
If your wishes are more complex, you may have your attorney communicate with the
National Office for other suggested forms.
THE NATIONAL FEDERATION OF THE BLIND IS NOT AN ORGANIZATION
SPEAKING FOR THE BLIND IT IS THt BLIND SPEAKING FOR THEMSELVES.
ISSN 0006-8829
APRIL 1978
■ THE BRAILLE MONITOR ■
89
THE END OF INSURANCE DISCRIMINATION IS IN SIGHT
by JAMES OMVIG
As Federationists are aware, the National
Federation of the Bhnd has been working
for many years to eliminate unfair discrimi-
nation against the blind in the sale of insur-
ance. The problem can be simply stated:
Because we are blind, we are believed to con-
stitute poor risks-no facts, just beliefs.
As you will recall, the Iowa Insurance
Commissioner last year issued a regulation
barring discrimination on the basis of blind-
ness, partial blindness, or physical disability.
(This is another instance, like the civil rights
protections in the white cane laws Federa-
tionists have gotten passed in state after
state, where what we do to protect the
blind also protects those with other handi-
caps.)
Solving the problem of insurance discri-
mination by regulation seemed a useful
approach. (NFB affiliates in several other
states have dealt with this by persuading
their state legislatures to pass laws prohibit-
ing such practices.) The Iowa Insurance
Commissioner, Herbert Anderson, is also
one of the leaders of the National Associa-
tion of Insurance Commissioners (NAIC).
The NAIC, among other things, proposes
model statutes and regulations which can
be adopted by state insurance departments.
Last fall Commissioner Anderson invited
the National Federation of the Blind to ap-
pear before the winter meeting of the NAIC
to try to convince its members to adopt a
model regulation barring unfair discrimina-
tion against the blind. In this way we could
achieve uniformity on a nationwide scale
and eliminate yet another long-standing area
of discrimination against the blind.
On December 6, 1977, I appeared before
masse at the commissioners meetings. At
as a representative of the Federation. I was
well received, and a lively question period
followed my presentation. The questions
were mainly from representatives of the
insurance industry, since they show up en
masse at the commissioners' meetings. At
the conclusion of the discussion, a motion
was made to establish a task force. The task
force has two mandates: (1) It must study
the problem in order to decide whether
there is truly a need to regulate the insur-
ance industry in this area. (2) If the task
force concludes that there is a need, it is
to submit a proposed model regulation to
the next commissioners meeting, which will
be held in June 1978.
In my capacity as an NFB representative,
I have been appointed an advisor to the task
force. There will also be advisors represent-
ing the insurance industry.
It is my belief that the commissioners
will adopt a model regulation next June. If
this is done, the commissioners will be un-
der a moral obligation to put the regulation
into effect in their states. At that point I
beheve that, on a nationwide scale, the in-
surance industry will accept our position:
and for the first time in history, the bhnd
of this nation will be treated as equals by the
insurance companies in the country.
Sometimes people ask, Why the National
Federation of the Blind? This is another ex-
ample of the progress being made by the
organized blind movement in this country,
and why it is essential for blind persons to
become actively involved in the movement.
It is important to reahze that we are ask-
ing no special favors of the insurance com-
panies. We don't want to be sold insurance
at rates lower than the risks warrant, simply
because we are bhnd and undoubtedly suffer
from economic discrimination in other
areas. It is that the companies discriminate
because of their ignorance about our real
condition, about our ability to lead normal
lives without walking off chffs or into ma-
chinery. It is a matter of education.
Following is the statement that was pre-
sented to the NAIC. Federationists should
study this document carefully so they will be
prepared to discuss the matter with people
90
■ THE BRAILLE MONITOR
in their own states as we continue to work
toward ending this form of discrimination.
PROPOSED MODEL REGULATION
TO PROSCRIBE INSURANCE DISCRIMINATION
AGAINST THE BLIND
(Presented on behalf of the National Feder-
ation of the Bhnd by James Omvig before
the National Association of Insurance Com-
missioners (NAIC), December 1977)
Issues: ( 1 ) Is it in the best public interest
to permit insurance companies to continue
to discriminate against blind persons in the
sale of insurance on the theory that the
blind as a class constitute poor risks when,
in fact, such discrimination is based upon
myth, ignorance, and prejudice rather than
upon sound actuarial data?
(2) If not, is it within the power and
scope of activity of the NAIC to adopt and
actively support a uniform regulation aimed
at barring unfair discrimination against the
blind?
At the outset, let me discuss briefly blind-
ness and the National Federation of the
Blind.
Blindness
So far as we are concerned (and accord-
ing to Dr. Kenneth Jernigan, longtime pres-
ident of the National Federation of the
Blind), blindness constitutes a social, not a
physical problem. It is now established fact
that, with proper training and opportunity,
the average blind person can do the ordinary
job in the average community or place of
business, and that he can do it on equal
terms with his sighted neighbor. Putting
it another way, with proper training and
with opportunity, blindness literally can be
reduced to the level of a physical nuisance
or inconvenience.
At the present time, blind Americans are
working successfully as lawyers, public
school teachers, insurance salesmen and
executives, computer programmers, legisla-
tors, electrical engineers, and farmers. In
short, the physical nuisance of being blind
is not a bar to regular employment, social
activity, participation in the community, or
anything else.
If this be so, why are there any problems
whatever connected with blindness? As we
have said above, blindness is a social, not a
physical, problem. To elaborate, we who
are blind have a major problem confronting
us as we attempt to participate fully in soci-
ety. We must face and eliminate the wide
range of myths and misconceptions about
blindness that have existed for centuries,
and we must also eliminate the discrimina-
tions and denials that result directly from
the public's misunderstandings about us. So
far as the social attitude about blindness is
concerned (and if we strip away all of the
niceties), the average citizen believes that
blindness and helplessness are one and the
same. To be candid about it, we are not
thought to be capable of perfomiing at all
in any area where competence above that
possessed by a child is required. In effect,
the classification "the blind" is thought to
designate a helpless and hopeless group
of people.
On the other hand, if a blind person be-
comes an achiever, he is not regarded as an
ordinary, capable person. His ability to
function is then regarded as remarkable, and
he is now the exception the exception to
the rule that blind people as a class are help-
less.
What we are saying comes down to this:
The physical fact of being blind is not really
a bar to anything and may easily be dealt
with the same way that actual limitations
arising from other physical characteristics
are dealt with. But because of myth and
misunderstanding, blind people face tremen-
dous social problems and are confronted
daily with massive discrimination. We are,
in the truest sense of the term, a minority
group-facing all the problems that flow
from a stereotyped group status: "All blind
people are alike, aren't they?"
Many people find it difficult to believe
that anyone would wish to discriminate
against the blind. Therefore, at this point,
a brief discussion of discrimination might be
in order.
APRIL 1978 ■
91
The word "discrimination" as used in
connection with human rights and minori-
ties means unreasonable and detrimental
classification. It implies prejudice, denial of
opportunity, unequal treatment, and exclu-
sion from the main channels of economic
and social life. But these are results, not
causes the results of unreasonable and det-
rimental classification.
To be discriminatory the classification
must have both elements-that is, it must be
both unreasonable and detrimental. Other-
wise there is no discrimination. It is, for ex-
ample, undoubtedly detrimental to the in-
dividual who has committed a crime to be
classified as a prisoner; but it is not discrimi-
natory, for the classification is reasonable.
To be unreasonable, the classification must
be made without relevance or logic.
In other words, unless the trait used as
the basis for the classification is related to
the purpose for which the classification is
established and unless that purpose is
socially desirable, the classification is un-
reasonable—therefore discriminatory.
In addition to the requirements that dis-
crimination be unreasonable and detrimen-
tal, we believe there is a third component:
It is that the person committing the dis-
criminatory act believes he is acting ration-
ally. At least, this is certainly the case when
we are deaUng with the open and flagrant
discrimination continually practiced against
the blind.
Of course, if the person committing the
discrimination believes he is acting rational-
ly, it follows that he beheves he is guilty of
no discrimination whatever. The fact that
people discriminating against the blind do
not regard their actions as discriminatory
makes things no easier for the blind. Nor
does it help that the average citizen in our
society does not regard denial of opportuni-
ty fortheblindasdiscriminatory. The failure
to recognize that blind persons are openly
discriminated against, and that bhnd per-
sons constitute a minority group, means
that the blind of this nation have much
work to do.
The National Federation of the Blind
This brings us to a discussion of the Na-
tional Federation of the Blind (NFB)~-our
purposes and goals. The blind of the nation
joined together in the organized blind move-
ment-the NFB-in 1940. It was clear to
leaders of the blind that since blindness is a
social problem, a social action organization
was needed. Therefore, while for years there
had been organizations "for" the blind
that provided services and attempted to
speak for the blind, an organization "of
blind people was established. The National
Federation of the Blind is not an agency
speaking for the bhnd, but rather the blind
speaking for themselves.
In short, we have joined together in the
same way and for the same reasons for which
other minority groups have seen fit to orga-
nize. In reality our problems are the same
as those experienced by blacks, chicanos,
Indians, and women, and we have joined to-
gether in the same kind of self-help organi-
zation.
The NFB has affiliates in each state and
in the District of Columbia. In turn, each
state affiliate has local chapters affiliated-
with it. The national body is the ultimate
authority of the NFB.
In the broadest sense, the purpose of the
NFB is to improve the social and economic
well-being of blind Americans. We engage
in the following types of activities: We edu-
cate newly blinded persons to the facts
about blindness. We engage in an ongoing
public education endeavor aimed at teach-
ing the truth and ehminating the myths that
exist among members of the public. We
monitor state and federal legislative activi-
ties to make sure that laws and regulations
are not adopted that will keep us down and
out when we are trying to climb up and in.
We provide information to state legislators,
administrative officials, federal officials,
and members of the U.S. Congress so that
they will have accurate information upon
which to make judgments when analysing
proposed laws and regulations. And finally,
we go to court, when necessary, to secure
and protect the rights of blind Americans.
92
■ THE BRAILLE MONITOR
Our Problem With the Insurance Industry
In our experience, some insurance com-
panies refuse to sell insurance to blind per-
sons at all. Some will sell, but at a marked-
up rate. Some will sell a basic policy at the
standard rate, but will not sell extras such
as waiver of premium or double indemnity.
A very few will sell these extras, but at a
marked-up rate. A very few will sell at stand-
ard rates and with the extras, but will sell
only to the so-called "well adjusted" blind
person. Almost no company will permit the
parents of a bUnd child to purchase insur-
ance, and almost no company will sell an
"individual" health and accident poUcy to
a blind person. All of these practices are
based on belief, not on fact.
Generally, in the insurance industry, ac-
tuarial statistic has been regarded as the
basis for reasonable classification. When
dealing with blind persons, however, the
"I believe" syndrome is practiced to an
astonishing degree. While we continually ask
for statistics, insurers continue to believe
that as a class we are poor risks. It seems to
us that in the area of insurance we should
deal with fact, not fiction; with statistics,
not stereotypes and myths. Those who be-
lieve we are poor risks must assuredly be-
lieve that they are being logical. However,
logic based on belief is often misleading.
No doubt seamen in the pre-Columbus era
believed the world was flat since that seemed
to be logical. They were proven wrong. The
point here is that mere opinion and belief
have no place in the insurance industry.
Let us make our position crystal clear:
The physical fact of bUndness has no rele-
vance whatever to risk of loss for purposes
of insurability.
It must be borne in mind that we are here
dealing with blindness per se, not with medi-
cal problems that might ultimately result in
blindness. To explain this, let me give you
some examples of statements insurance
companies have used in defense of their
unfair practices. They are:
Some blind people have diabetes. Some
blind people have mutliple sclerosis. Some
blind people have arteriosclerosis. Some
blind people have cancer. Some blind peo-
ple have heart disease. Therefore, blind peo-
ple as a class are poor risks.
We find this argument totally irrational
and unacceptable. To demonstrate the irra-
tionality of such a defense:
Some insurance underwriters have dia-
betes. Some insurance underwriters have
multiple sclerosis. Some insurance under-
writers have arteriosclerosis. Some insurance
underwriters have cancer. Some insurance
underwriters have heart disease. Therefore,
insurance underwriters as a class are poor
risks.
False logic? You bet! No thinking person
would seriously consider the establishment
of a classification of insurance underwriters
for insurance purposes. In both instances,
whether we use the classification of the
blind or of insurance underwriters, that
classification has no relevance whatever to
the question of insurability. Therefore, it is
totally unreasonable to rely upon these
classifications or even to refer to them when
dealing with insurability. Rather, companies
must use classifications that are relevant to
risk of loss, such as: diabetes, multiple scler-
osis, arteriosclerosis, cancer, or heart disease.
Putting it another way, where the insur-
ance industry has actuarial data demonstrat-
ing that a particular characteristic (such as
diabetes) results in poor risk, then it is rea-
sonable to so classify since the classification
is relevant to risk of loss. And although
some conditions that cause blindness may
reasonably be classified, blindness by itself
may not be.
Let some insurance companies speak for
themselves:
"Specifically, for individuals under age 15
who are blind in both eyes, tlie usual practice
is to decline life insurance unless there is evi-
dence that the individual is likely to become
gainfully employed as an adult. At ages 15
and older, life insurance is generally available
within the limits of insurable interest."
"The accidental death benefit is not avail-
able to individuals blind in both eyes because
they are not able to avoid accidents as well
APRIL 1978
93
as those with sight. While this may sound Hke
a tired old stereotype to you, the very small
mortality margins in the premium for this
additional benefit simply do not permit any
excess deaths. It has been suggested that
blind persons may in fact have fewer acci-
dents than siglited persons. This may well be
true for older blind persons who have be-
come generally inactive because of this loss.
However, those who would be applying for
insurance are generally active in terms of
earning a living and/or raising a family and
thus would not 'benefit' from the limited
exposure to accidents typical of the other
group."
"Those who have some vision, although it
is seriously impaired, and those who are
blind in one eye only may be issued a policy
of health insurance with some limitation in
the benefits provided. Such policies are not,
however, offered to those who are totally
blind."
"Life Insurance: If both eyes are blind,
if the person is well rehabilitated and emo-
tionally adjusted, and if there is no associ-
ated or underlying disease such as diabetes
or neoplastic disease, we would offer insur-
ance on a standard basis. Those persons who
are not well rehabilitated and emotionally
adjusted to the blindness are offered insur-
ance with a continuous extra premium of
S2.50 per thousand. This includes children
and persons who have only recently become
blind and have not as yet adjusted to their
situation. This rating can be reviewed at a
later date, subject to evidence of insurability
when the person has reached a point where
he is adequately rehabilitated and has be-
come emotionally adjusted to his condi-
tion." [One wonders who will determine
when a blind person is 'well rehabilitated
and emotionally adjusted.']
"Health Insurance: We do not issue a
hospitalization type of coverage. We do issue
disability income and do not consider that
we can issue this insurance to persons who
are totally blind."
"For ages 16 and over, waiver disability
is not available because our definition of
total disability is such that a blind person
is considered totally disabled. The acciden-
tal death benefit is not available because we
judge the accident hazard to be high."
"Health Insurance-Disability Income: De-
cline, since the company recognizes that
total and irrecoverable loss of sight of both
eyes does constitute total disability by defi-
nition."
As will be discussed later, since we are al-
ready blind, blindness would obviously be
eliminated as a disability for which waiver
of premium or other disability benefits
would be available.
One final problem should be discussed.
Many companies have come up with an in-
teresting twist. When their unfair practices
are challenged, they say something to this
effect; "Although we have no data that
would support it, we believe that you are
poor risks, and accordingly, we will continue
to deny you coverage on the same basis as
the sighted. If you can provide us with data
to support your claim that you are not poor
risks, we would be glad to have it." In other
words, many companies attempt to shift
the burden of proof to the blind.
The Iowa Solution to the Problem
The Iowa Commissioner of Insurance,
Herbert W. Anderson, proposed the follow-
ing regulation, based on Iowa's version of
the NAIC Model Unfair Trade Practices Aci:
510-15.80 (507B) Purpose.
The purpose of this regulation is to state
that individuals who are blind, partially blind,
or have a physical disability do not, for that
reason, constitute a class. Therefore, indi-
viduals who are blind, partially blind, or
have a physical disability will not, solely on
that basis, be unfairly discriminated against in
the rates charged for any contract of life
insurance or life annuity or in the dividends
or other benefits payable thereon or in any
other of the terms and conditions of such
contract; and will not, solely on the basis of
blindness, partial blindness, or physical
disability, be unfairly discriminated against
in the amount of premium, policy fees, or
rates charged for any policy or contract of
insurance other than life or in the benefits
payable thereunder or in any of the terms or
conditions of such contract, or in any man-
ner whatever.
94
■ THE BRAILLE MONITOR
510-15.81 (507B) Definitions.
15.81(1) "Contract" shall mean "insurance
policy" or "insurance contract" as defined in
section 507B.2(3) of the Code.
15.81(2) "Person" shall mean "person" as
defined in section 507B.2( 1 ) of the Code.
510-15.82 (507B) AppIicabUity and scope.
15.82(1) This regulation shall apply to all
contracts delivered or issued for delivery in
this state by a person on or after the effective
date of this regulation and to all existing
group contracts which are amended or re-
newed on or after the effective date of this
regulation.
15.82(2) Nothing contained in this regula-
tion shall be construed to prohibit discrimi-
nation between individuals of the same class
who do not have equal expectation of life or
who have an expected risk of loss different
than that of other individuals of the same
class.
510-15.83 (507B) Prohibition.
15.83(1) For the purposes of sections
507B.4(7)(a) and 507B.4(7)(b) of theCode,
individuals shall not be considered to be of
the same class solely because such individuals
are blind, partially blind, or physically dis-
abled.
15.83(2) For the purposes of section
507B.4(7)(a) individuals shall not be consid-
ered to have a different life expectancy solely
because they are blind, partially blind, or
physically disabled.
The required public hearing on this regu-
lation was held in November 1976. The
regulation was then put into effect, since
industry representatives were unable to
produce empirical data to support their
discriminatory practices. In February 1977
the Administrative Rules Review Committee
of the Iowa Legislature approved the regu-
lation unanimously.
Since that time, several complaints have
been filed against insurers who continue to
practice unfair discrimination against the
blind. In most cases, after our Commission-
er's office informed the companies that
they were in violation of state law. the com-
panies took corrective action.
It will be observed from a reading of the
Iowa regulation that, in addition to barring
discrimination against the blind and partially
blind, unfair discrimination against other
disability groups was proscribed. Some in-
dustry officials suggested that our Insurance
Commissioner was trying to require them
to insure any disabled person regardless of
risk of loss. This argument is obviously fal-
lacious and was only raised to cloud the
issue.
Finally, some insurers have asked why
the characteristics of blindness, partial blind-
ness, and physical disability were singled out
in this regulation. We believe the "why" is
simple. In this year of 1977, it is not neces-
sary to issue a regulation forbidding discrim-
ination on the basis of the irrelevant charac-
teristics of race, color, creed, sex. or national
origin. Sufficient social awareness now exists
so that it would be unthinkable to discrimi-
nate unreasonably-at least to do it in writ-
ing-in these areas. On the other hand, it is
not necessary to issue a regulation forbid-
ding discrimination based on such physical
characteristics as the color of one's hair,
the amount of one's hair, the color of one's
eyes, or left-handedness since insurance
companies have generally not practiced un-
fair discrimination based on these irrelevant
characteristics. Therefore, the characteristics
that have been singled out are the only ones
used as the basis for open unfair discrimina-
tion that is legally permissible.
Nowhere in any of the documentation
on this problem does a clearer statement of
the case exist than in the following letter
written to Commissioner Anderson:
"DEAR COMMISSIONER: I strongly object
to proposed 510 15.83(1) and (2). The
statement which is proposed for adoption
as law is completely wrong.
"Persons who smoke do indeed represent
a different life expectancy than those who
do not. Persons who are overweight do in-
deed represent a different life expectancy
than those who are not. Persons with high
blood pressure do indeed represent a differ-
ent life expectancy than those who do not.
"It is my belief that persons who do not
have functioning vision represent a different
life expectancy than those who do. On what
basis do you conclude that they are precise-
ly the same?" [Fmphasis added.]
APRIL 1978 ■
95
The clarity with which Commissioner
Anderson understands the problem is dem-
onstrated by his response to this letter:
■'I have your letter of November 15. and
it will be considered when the record is
closed on our proposed regulations ....
However. I must tell you that you do not
add anything of value to the record by ask-
ing me on what basis I have reached the
conclusion that you assume I have reached.
The matter which you should address is the
basis for your belief 'that persons who do
not have functioning vision represent a dif-
ferent life expectancy than those who do.'
I have not seen any empirical data to sup-
port such a belief, and 1 challenge you to
supply me with any. Remember that your
statement is that blind persons have a differ-
ent life expectancy than sighted persons. If
you do not furnish evidence to support your
statement, then your statement will be con-
sidered evidence of the strong need for a
regulation such as that proposed. The regu-
lation is directly aimed at preventing insur-
ers from practicing 'bUnd' discrimination."
After the NAIC meeting, I wrote to the
governors of the states about the problem
of insurance discrimination and what we
were doing to try to end it. The responses
have been very favorable. They indicate
what we have learned in other areas— when
the public is informed about the unfair
treatment we meet as blind people, they
are usually strongly on our side. Here are
some excerpts from the replies I have re-
ceived.
Governor Robert Straub of Oregon wrote:
"Discrimination that cannot be justified
statistically is unfair and will not be toler-
ated in this state in the purchase of insur-
ance. Discrimination in regard to the blind
in the benefits and availability of life and
health insurance has not previously been
brought to my attention. I am instructing
the insurance commissioner to cooperate
in every respect with the National Associa-
tion of Insurance Commissioners to expedite
the writing of model legislation or rules for
insurance covering blind persons."
Governor John D. Rockefeller. IV, of
West Virginia wrote: "I applaud this initia-
tive to eliminate the kinds of nonfactual
policies which work to discriminate against
disabled Americans, and I am particularly
pleased that [West Virginia Insurance Com-
missioner) Richard Shaw will be playing
such an integral role in this effort. You can
be sure that we will keep ourselves informed
of the progress that is made."
Governor William Milliken of Michigan
wrote: "You indicated in your letter that
where such regulations have been consid-
ered, they have met with considerable in-
surance industry opposition. Please be
assured that the commissioner of insurance
will have my support in any action he takes
to develop and promulgate administrative
rules prohibiting unfair discrimination
against handicapped persons."
Governor George R. Ariyoshi of Hawaii
wrote: "I agree with you that unless the in-
surance carriers are able to supply credible
statistics to support their position, the blind
should not be discriminated against when
purchasing insurance. My insurance com-
missioner will support efforts to have the
National Association of Insurance Com-
missioners promulgate a model code to
eliminate unfair discrimination against the
blind."
And finally, John Evans, governor of
Idaho, wrote: "I would like to take this
occasion to express my admiration for the
great progress that your National Federa-
tion of the Blind has made in attacking and
overcoming the social and economic barriers
placed in the path of the blind by well-
meaning but thoughtless individuals and
companies who insist upon looking at a
bHnd person as one who is so handicapped
that he cannot perform all of the vital func-
tions in our complex society." D
96
• THE BRAILLE MONITOR
AM A BLIND MOTHER FIGHTING TO KEEP
MY CHILDREN FROM CORRUPTION
by RAMONA WALHOF
I am blind, and I have two sighted chil-
dren. When they started school, I found it
necessary to work hard to guard them against
corruption. I am not talking about drugs,
vulgar language, crime, or any of the things
with which all families must cope. My chil-
dren faced a very special, if unintentional,
kind of corruption.
It never occurred to my husband and me
that bhndness could be considered a reason
not to have children. We were both blind.
We did some research to find out whether
our particular eye conditions could be
passed on to our children, and we learned
that my blindness might be inherited. We
wanted to know the likelihood, but the pos-
sibility did not frighten us. We considered
blindness a nuisance, but it didn't prevent
us from living active and productive lives.
We both had college degrees and good jobs.
My husband was a rehabilitation counselor
for the Idaho Commission for the Blind.
I was teaching in the Head Start program.
My class consisted of 15 four-year-olds from
deprived families. The real problem of blind-
ness was that sighted people much too often
treated us as if we had no ability, intelli-
gence, or skills.
After we were married, we worked hard
to save enough money for the down pay-
ment on a house. We found one we could
afford on a bus line in North Boise. It was
old-fashioned and comfortable, and we
bought it.
When we discovered that I was pregnant,
we were delighted. Both sets of grandpar-
ents-to-be were also thrilled. We learned that
when parents become grandparents, they are
able to relax and enjoy the children. They
are not expected to do the discipline. It
must not have occurred to any of them that
blindness could be considered a reason not
to have children. But then they knew us
pretty well, and they had learned some
things about blindness as we learned them.
We bought a crib and borrowed a basket.
I bought diapers, undershirts, baby blankets,
and the like. I got out the sewing machine
to make maternity clothes. We were still
budgeting carefully. That session of Head
Start ended in May when the school year
ended, and we still had a month to wait for
the baby. It was the longest month of my
life. My husband and I always made plans
to attend the conventions of the National
Federation of the Blind over the Fourth of
July weekend, but that year we stayed
home. Our friends went camping, fishing,
water-skiing, etc.; and we read books at
home.
Finally, on July 9. Laura Kathryn decided
to enter the big, wide world, and she didn't
waste any time once she started. We arrived
at the hospital at 9:35 a.m., and Laura ar-
rived at 10:13 a.m. My husband didn't com-
plain about not getting the boy he had
wanted. He was extremely proud. I was feel-
ing fine, and it became almost a race to see
which of us could reach our friends first to
tell them the baby had finally arrived.
The hospital where Laura was born had a
practice of having new mothers assist with
the bathing of the baby at least once before
taking it home from the hospital. I had
changed diapers and given bottles many
times, but I had very little experience with
a baby that weighed 7 pounds, so I was ea-
ger for some suggestions. I was lucky that
the nurse involved did not get upset about
the blindness. She just told me what to do,
and I did it. Seldom since then has anyone
been so matter-of-fact, and 1 appreciated it.
Sight, as 1 expected, was not necessary. Ba-
bies are fragile and delicate, but they want
and need to be touched.
After Laura and I came home from the
hospital, my mother came from Nebraska
to stay with us for a week. She was truly
helpful. She did the housework and most
of the cooking and left the baby care to me.
APRIL 1978 •
97
From her own experience she came up with
some suggestions I found useful. By the end
of the weeic I had most of my energy back.
and Grandma went back to Nebraska.
Laura was a pretty baby, healthy and
alert. She obviously was not blind. She re-
sponded to color and movement when only
a few days old. We spent a few nights up-
baby screaming with a tummyache. For the
most part, however, everything continued
to go smoothly.
By the time Laura was 3 months old, I
began to grow restless. I wasn't used to stay-
ing home all day, even with a baby for com-
pany. Sometimes my husband had to be out
of town for several days at a time in his
work, so I began to look for some other
things to do. Head Start was beginning a
new program in November, so I applied for
a teaching job. When 1 got the job, we started
looking for a baby-sitter. We were happy to
find a good one.
By Christmas Laura was crawling and pull-
ing herself up on her feet. I have a picture
taken of her at Christmastime crawling into
the dishwasher. She had become quite a flirt
by then also. She squealed at her daddy and
played peak-a-boo with her grandpa.
We knew that if we were to use a baby
buggy or stroller we would need to pull it
behind us, using the white cane in the other
hand in front for safety. We found a buggy
that converted into a stroller. This met the
need, and we used it a great deal. It even
folded up, so we could take it on the city
buses. With a little practice we also became
proficient at carrying Laura in an infant
seat balanced on both forearms and one
hand. We could dangle the diaper bag from
an elbow, leaving the other hand free to use
the white cane. Since Laura stayed with a
baby-sitter during the day while I worked,
I took her with me as much as I could. She
seemed to Hke people: and I suppose what
pleased me most was that people everywhere
admired her.
By Mother's Day Laura was walking. My
father-in-law took us all out to eat, and here
was Laura all dressed up in yellow and white,
toddling around awkwardly and with a smile
for everyone. My first Mother's Day was
very special. For both my husband and me,
it was a day we would always remember as
ours.
In July of that year my husband and I
did get to go to the convention of the Na-
tional Federation of the Blind, which was
in Houston, Texas. Laura celebrated her
first birthday at her grandparents' house in
Nebraska. When we returned there from
the convention, she was thrilled to see her
daddy, but mother was ignored. However,
by the time the birthday cake appeared,
she had hugs and kisses for me, too.
Shortly after that convention, there was
a letter to the editor in the local newspaper-
a letter that disturbed us. It was written in
response to an article about abortions. The
letter apparently was in favor of abortions,
but what disturbed us most was the argu-
ment used. It said that the writer was per-
sonally acquainted with a blind woman. He
had asked her if she wasn't afraid her chil-
dren might be blind. Her answer had been
that she really thought she could handle it
if she had a blind child. It was clear that
the writer of that letter did not believe blind
parents could be good parents, and that he
considered it totally irresponsible for any-
one to have a child that might be blind.
What an attitude toward blindness! Since
I knew the man, I was sure he was talking
about me. It didn't matter that our lives
were going smoothly. That man really con-
sidered us irresponsible because we had a
child! Laura was as precious and delightful
as ever a child could be. That kind of atti-
tude toward blindness was not new to us,
but it hurt just the same. I had had trouble
gaining admission to the student teaching
program in college because of my blindness.
I had been denied entrance to some rides
and exhibits at the World's Fair in New York
because of my blindness. In both cases it was
because people didn't understand that blind
people can function competently and inde-
pendently.
Ail we could do was write our own letter
to the editor. The president of the local
98
■ THE BRAILLE MONITOR
chapter of the National Federation of the
Blind also wrote a letter. And we became
more watchful of attitudes toward us, be-
cause of course we knew this man was not
alone in his thinking.
We were expecting another child in the
fall. My husband still wanted a boy. and I
thought two children close together in age
would entertain each other. They did and
they do. They also fight.
I had been managing a cafeteria during
the summer, and I quit in September to do
some work at home before the new baby
arrived. Among other things I wallpapered
the kids' bedroom with a nursery print.
Laura loved it. She would point to the vari-
ous animals and figures happily. Gradually
she learned to say their names. She would
take guests by a finger and lead them up-
stairs to show them her pretty wallpaper
with the pictures. She had been eating with
a spoon since about 13 months. I didn't let
her pick up food out of her plate with her
hands, so she really wasn't as messy an eater
as some small children just learning.
Our little boy was bom on December 20.
and we named him Christopher John. Chris
was healthy, alert, cuddly, and always hun-
gry. One evening just before we took Chris
home from the hospital, one of the nurses
stood watching me feed him and com-
mented, "You handle him so well." I knew
she meant that since I was blind this sur-
prised her, but I only smiled at her and
asked if she worked in the nursery. She said
she did and added, "We had a blind woman
in here a while ago who couldn't get her
baby to nurse very well." So I knew there
was more involved than the usual lack of
knowledge about blindness. I figured that
blindness had nothing to do with whether
a mother had trouble getting her baby to
nurse or not. I have several sighted friends
who had trouble at first.
"That's interesting, " I said. "I've known
several people who had trouble getting
started, but none of them were blind." Of
course the nurse wasn't convinced. She
gave me enough information that I realized
I knew the woman she had mentioned. Her
baby was about six months old by this time,
still breast-feeding and doing fine. The trou-
ble must have been very minor, because my
friend had never mentioned it. I took note
of an example of people attributing every
problem a blind person has to the blindness.
It just didn't seem fair. If my kids ever got
hurt (and all kids do), would people blame
me? I was forced to conclude that many
would.
Chris and I went home from the hospital
the day before Christmas. Luckily all the
shopping was done, and most of the pres-
ents were wrapped. My mother-in-law had
invited us to their home for Christmas din-
ner, and I was glad to take it easy.
That Christmas Laura was the center of
attention and was enjoying herself. She
wanted to share everything with her baby
brother whether he cared or not. In a way
she thought he was one of her Christmas
presents, although we had been waiting
even longer for his arrival than for Christmas.
I could put Chris in the infant seat in the
stroller with Laura beside him, and we could
take short trips like that. There wasn't much
snow that year in Boise; so often when we
went out, Laura would walk. I could let her
walk only if we weren't in a hurry, for she
made lots of detours off the main sidewalk,
and I would have to stop and wait or bring
her back. My husband was glad to have a
little boy, but his daughter really was his
pride and joy.
Shortly after we brouglit Chris home
from the hospital, my husband began to
have problems with his health. We saw a
specialist who told us the condition would
become stable with medication, but that
didn't happen. I was glad both children
were healthy, but I didn't have time to con-
sider going back to work myself. My hus-
band was in and out of the hospital for the
next couple of months, and in April he died.
It was a hard winter and spring.
Laura insisted on having some explana-
tions, and I did my best to help her under-
stand. Her daddy had come home from the
hospital many times; and no matter how he
APRIL 1978 ■
99
felt, he always had a smile and a hug for
Laura. She could not believe she could not
see him anymore. It was hard enough for
me to accept the whole thing. How could I
explain it to a child 21 months old and help
her to accept it? But 1 had to go on. 1 had
two babies depending on me, and 1 would
not let them down if I could help it.
Before my marriage I had worked as a
teacher for the Iowa Commission for the
Blind. My employer had been Dr. Kenneth
Jernigan, who was also President of the
National Federation of the Blind, the orga-
nization to which we belonged and which
was changing so many things for the blind
in the 1960's and 1970's. I turned to Dr.
Jernigan. hoping 1 again could find employ-
ment at the Iowa Commission. The jobs I
had held in Boise hadn't paid enough money
to support a family now that there was just
one salary. Dr. Jernigan told me there would
be an opening at the Commission in June. I
thought I could be ready. I put our house
in Boise up for sale, and it sold. We moved
into an apartment in Des Moines, Iowa. A
cousin of mine who was in high school
came to stay with us for the summer until I
could find a regular baby-sitter. I was ready
to go to work by the second week in June.
The new job was a demanding one and a
rewarding one. We settled in and started
over. By October I had found a house and
made the down payment. It had three bed-
rooms and a nice backyard. The day we
moved into our new house, Christopher
started to walk. He had been slow to roll
over, sit up, and crawl, but not to walk.
Our new house had all hardwood floors. His
little tennis shoes got good traction, and he
had a whole house to explore. He didn't
sit down all day long, except for a nap.
By the end of the day he was running. I
had planned to let him stay in the play-
pen while I unpacked. That was one of
those plans that get rejected by the next
generation. He enjoyed walking so much,
and he had so much space in the new house
to investigate, i just didn't have the heart
to coop him up in the playpen.
As might be expected, Chris' character
was entirely different from Laura's. He
could then and still can be very demanding.
Laura got attention, for the most part, with
smiles and flirtation. Chris knew how to do
that, but he also made use of tantrums from
time to time. Laura wanted to be where I
was as much as possible. Chris, even when
he was tiny, did not mind playing by him-
self for an hour at a time.
When the weather turned nice in the
spring, Chris was curious to explore the
neighborhood. I could count on Laura to
stay in the backyard, but not Christopher!
When he went outside that year. Mother
went along. One day he climbed to the top
of the iron grillwork on our front stoop. He
couldn't get down, and I couldn't reach him.
I said nothing but went into the house to get
a chair to climb up and get him. He wasn't
frightened, but I was glad to have him back
on the ground.
I suppose Chris w-as too busy to talk much
that summer. Only occasionally a word
slipped out. Sometime in October-all of a
sudden, just the way he learned to walk-he
started talking. And he talked all the time.
And then the questions began. Laura had
been asking some questions, of course. But
Christopher wanted to know everything:
"Why, Mommy? When? How?"
By this time both children liked books.
My baby-sitter read to them during the day,
and I read to them at bedtime. I was able
to borrow books for small children from the
Iowa Commission for the Blind. The books
had the text and pictures in both Braille
and print. These are known as Twin-Vision
books and are produced by the American
Brotherhood for the Blind. I read with my
fingers; others read with their eyes. My
children grew up finding this quite natural
and uninteresting.
By the time Laura was four, she began to
ask, "When can I go to school, Mommy?"
There were no children her age in the neigh-
borhood, but she played with the children of
friends. She knew the alphabet and numbers
and had known them since the age of two.
Laura was a quiet child and sometimes a
100
■ THE BRAILLE MONITOR
little overwhelmed by crowds, but if she
found kindergarten frightening, she never
let me know. She made many new friends;
and for her, that was the best part of start-
ing to school.
Both children when tiny had accepted
my blindness as normal and okay. I carried
a white cane and used it to find steps, curbs,
and other obstacles when we went away
from home. We rode on buses and in taxi-
cabs more than some people, because I did
not drive a car. I read Braille with my fin-
gers, while others read print with their eyes.
That's about all there was to it. If the chil-
dren had a toy to be fixed or a question to
be answered, I was the first person they
asked to do it. Sometimes I couldn't or
wouldn't do what they asked, but most of
the time 1 could and did.
When Laura started to school, she began
to hear some different things about blind-
ness. I can only guess what happened. Some-
one must have said to her, "I'll bet you're a
big help to your mommy, aren't you?" At
first she must have smiled and nodded
proudly. Then she began to understand they
were saying that something about her mom-
my was different. Someone must have
pointed her out on the playground and said
in a whisper, "That little girl's mother is
blind." And soon I became aware of a
change in her attitude toward my blindness.
One day when Laura was helping me find
a spool of red thread in the sewing machine
drawer, she said to me, "Mommy, I wish you
could see."
"Well, so do I, if I ever think about it," I
answered. "But why do you bring it up?"
"Well — " She couldn't quite find the
words to say what she meant. "Well, then 1
might not have to help you so much."
I began to understand what was happen-
ing to her. I thought a minute; then I took
her on my lap.
"I have some Braille labels for the thread
and for the cans of fruit and vegetables in
the kitchen," I told her. "We can put them
on, and then you won't have to help me
with those things anymore." Chris and
Laura regarded it as a real privilege to
choose fruit or vegetables for dinner, so she
didn't Uke that idea very much. Laura was
a Httle confused.
"I just wish you could see like other peo-
ple," she said. It had never bothered her be-
fore, so something or someone at school, it
seemed to me, must have made Laura think
bUndness was a problem. I gave her a hug
and told her not to worry about it.
"You know better than most people," I
said, "that blindness isn't really as big a
problem as people think it is." I knew,
though, that I needed to get busy and help
the people at school learn some things about
blindness.
The PTA scheduled an ice cream social
in October. 1 baked brownies for it, and we
went. When we walked in the door, no one
knew what to do. One woman tried to drag
us through a line backwards. Another was
so worried about how we would get our ice
cream and cake that we could hardly get
her to sell us tickets. Others ignored us com-
pletely when we tried to get directions. I
felt like a ghost or a body from outer space.
No one was able to converse with me like a
nonnal human being. But we did get our
ice cream and cake. We sat down and ate
them and left. I knew 1 must do more than
that if my children's attitudes about blind-
ness were not to be totally ruined.
At the end of the first quarter, parents
go to the school for conferences. Laura's
teacher said my daughter was doing fine-
there were no problems in school. The
teacher was a little uneasy about the blind-
ness, so I asked her if she would like me to
come and talk to the class about Braille and
bUndness sometime. This pleased the teach-
er, and she also wanted Laura to bring a
book with Braille in it that she could show
to the class. This, I thought, would help
Laura understand that people who know
little or nothing about blindness are curious.
It did.
By the time I actually went to the school
to talk, the project had broadened, and I
was asked to speak to the entire school,
two grades at a time. The students loved it
APRIL 1978 ■
101
and had lots of questions-things their teach-
ers would have been embarrassed to ask.
"Why do your eyes wiggle?" "Do you have
school books in Braille?" "How do you get
to work?" 1 assumed the teachers were lis-
tening, and I told the kids what 1 wanted
them and their teachers to know.
I told them, for instance, that the fact
that I (and others) are blind is not a big
problem, that the problems we face are a
result of the fact that so many people who
can see think blind people cannot do all
kinds of things that we really can do. It
made good sense to the kids, as is often
the case. It helped the teachers also, and
they were genuine in their thanks for a
presentation that was helpful to the kids.
Since then I have been to the school many
times. I am much better acquainted with the
teachers and parents and many of the kids.
Many of them think of me as the blind lady,
but they don't worry about it. We have had
birthday parties and Easter egg hunts at our
house. I have helped with Laura's Blue Bird
Club, and we had a club meeting at our
house. Kids float in and out regularly, espe-
cially when the weather is nice.
Chris is now in kindergarten, and Laura
is in second grade. Some things are very
much different. After the first few weeks
of school, Chris came home and told me,
"My teacher says I can bring a Braille book
to school tomorrow if I want to." This is
the same teacher who taught Laura in kin-
dergarten. Chris was pleased to be asked to
do that.
Somehow, the whole neighborhood seems
more friendly.
I have always tried to teach my children
to respect their teachers and baby-sitters.
Now I must teach them that, at least with
respect to blindness, they have more knowl-
edge and experience than many adults they
will meet. It is risky to tell children that is
so about anything at such a young age. Yet
it is important to me and to them that their
thinking about blindness remain what it is.
Laura helps me with the grocery shopping,
just as she helps clean up her room, Chris
helps take care of the dog, just as he helps
sort socks in the laundry. Blindness is a
characteristic. It is not to be forgotten or
ignored, but it is only a characteristic.
Mothers make their kids keep dirt out-
doors (if they can). Mothers prepare meals.
Mothers don't Hke kids to fight. Mothers
sometimes have money kids can help spend.
Sometimes mothers make rules kids don't
like. Sometimes mothers help make kids
feel better when they have a problem. Blind
mothers are like other mothers. My kids
know it, and their friends know it. D
THE NFS OF PENNSYLVANIA WINS A VICTORY
FOR THE BLIND OF THE NATION
by TED YOUNG
When everyone-including the top offi-
cials and attorneys of a federal department-
says you are wrong, they must know what
they're talking about, right? Not if you have
the conviction and determination of a Fed-
erationist and a movement to support you.
Let me explain.
In 1973 the Social Security Administra-
tion held meetings throughout the country
to explain the new Supplemental Security
Income (SSI) program. In Pennsylvania we
sent representatives to these meetings. We
were concerned that since our state had a
liberal federal-state blind pension program,
bhnd Pennsylvanians might lose income or
other benefits when SSI went into effect.
"Fear not," came the word from Social
Security; "the new program has a 'grand-
father clause' to ensure that no one will lose
benefits."
Having a healthy pessimism about prom-
ises made by administrators of income main-
tenance programs, we obtained the Social
Security Act and read this "grandfather
102
• THE BRAILLE MONITOR
clause." Sure enough, there it was. Section
1611(g) guaranteed that, with respect tore-
sources, eligibility for SSI would be deter-
mined using the same method as the former
state plan. And regarding the amount of in-
come that would be disregarded in deter-
mining SSI eligibility, section 1611(h) stated
that it would be, at the least, the maximum
amount of earned or unearned income that
could have been disregarded under the for-
mer state plan. (The apphcability of these
two clauses depended on your having lived
continuously in the state since 1973, and
having been eligible under the state plan.)
Then came the fiasco called implementa-
tion. In January 1974, with no warning,
many blind Pennsylvanians suffered de-
creases in their benefits or total loss of them.
Contrary to the practice of the former pro-
gram, blind people found that even small
amounts of income earned by their spouses
acted to reduce benefits. Those who had
been getting the highest amount possible
under the former program now found their
checks reduced by one third if they lived
with parents or other relatives. Working
blind people had their grants reduced or
terminated altogether.
In short, there was a total mess; and the
Federation advised the Social Security Ad-
ministration that its promises had been
empty. We finally persuaded the regional
commissioner to hold meetings with our
representatives.
The Social Security Administration now
put forth another interpretation of the
"grandfather clause." It was that no blind
person would receive less in benefits than
he received in December 1973 unless it was
necessary to apply rules of the new program,
such as those concerning the income of a
spouse or those pertaining to living in a
room-and-board situation.
We disagreed and said that Social Security
had no right to apply new rules to those who
had been "grandfathered" in. We argued
further that section 1611(h) required the
income of those who were "grandfathered"
in to be calculated with the fonnula of
the former program, including the person's
special needs. When it was obvious that
agreement was impossible, we decided to go
to court.
In late 1974, Community Legal Services,
in Philadelphia, provided us the excellent
assistance of Linda Bernstein, a most capa-
ble attorney. We held one more meeting
with Social Security. The regional commis-
sioner and officials from the main office
in Baltimore declared that we were wrong
and that the only way they would change
their opinion was if a court forced them to.
We instituted a class action suit.
The federal district court stated that it
could not rule on all of the cases brought
before it since most of the plaintiffs had not
"exhausted their administrative remedies."
But ruUng on the case of the one plaintiff
who had done so, the court said that our
interpretation of the act was correct. Final-
ly, the court questioned whether it was
proper for the Federation to be a plaintiff
and whether a class action could be brought
in this situation.
The Social Security Administration ap-
pealed the single ruling in our favor, and we
appealed on behalf of the other plaintiffs,
as well as for the right of the Federation to
be a plaintiff, and for the right to bring a
class action. We pointed out that Social Se-
curity's top officials and attorneys had al-
ready made a decision on the issues and
that it would be a painful and unnecessary
burden if all the plaintiffs had to go through
the long administrative process only to ob-
tain the same negative decision. In the
words of Linda Bernstein, "Exhaustion of
remedies is exhausting."
In October 1977, the case was heard by
the U.S. court of appeals. The court ruled
in our favor on every one of the issues. In-
deed, the case has national significance and
goes far beyond the question of SSI: The
court stated for the first time that, with
regard to legislative questions, the individ-
ual need not exhaust all administrative rem-
edies before seeking judicial relief.
Where are we now? The Social Security
Administration can take one last step and
APRIL 1978 ■
103
appeal to the U.S. Supreme Court. It may
choose to do tliis because of the national
precedent mentioned above. The Supreme
Court may refuse to hear the case, which
would automatically affirm the decision
of the lower court. Of course, the Supreme
Court can hear the case and overrule the
favorable decision, but we believe this will
not happen and that we will prevail.
In the event that no appeal is filed or that
we win at the Supreme Court level, there is
still much work to be done. We need to sit
down with Social Security and work out
procedures for implementing the decision.
arranging for retroactive payments to those
who did not receive the proper grants, and
ensuring that all future payments will be in
accordance with the policies of the former
federal-state blind pension program.
Let those who ask, "Why the National
Federation of the Blind?" take note of this
case and its far-reaching consequences. With-
out our movement we would never have
achieved the sense of self-confidence that
enabled us to stand up when we knew we
were right. From past achievements we gain
strength, and from this achievement we will
proceed with more strength. D
ACCOMPLISHMENT IN IOWA: THE ANNUAL REPORT
OF THE IOWA COMMISSION FOR THE BLIND
The Iowa Commission for the Blind has
issued its report for fiscal year 1977. The
report is called "Accomphshment," and the
title is appropriate. For one thing, fiscal 1977
marks the 20th year the Commission has
been directed by Kenneth Jernigan, and the
annual report is a good summary of the
strides made during that time. Federationists
are famihar with the basic statistics about
the Iowa program. In 1957 it was the worst
in the nation (in terms of rehabilitations
per 100,000 population). It consisted of a
handful of employees operating out of
three rooms. Now the program employs
over 100 people and occupies a seven-story
building. In 1957 there were 12 rehabilita-
tions (as opposed to more than ten times
that many in 1977). There were no library
services. Now the Iowa Commission contains
the largest library for the blind in the world-
several times the largest. The program has
become a model to the rest of the country.
The former Commissioner of the federal
Rehabilitation Services Administration ap-
pointed Dr. Jernigan a special consultant on
programs for the blind.
A great deal of the credit for this growth
is given to Kenneth Jernigan, but he would
be the first to point out that it was possible
only because of two factors. During the last
20 years, the organized blind movement in
Iowa has grown steadily in numbers and
strength (at even a faster rate than it has
grown throughout the country). The sup-
port of an active and enlightened consumer
population has provided the backbone of
the program. Blind lowans have enlisted
the support of the general pubHc and the
state legislature. This has created the con-
text in which the philosophy of the Com-
mission programs could operate.
And of course it is the Federation phil-
osophy exemplified in the Commission's
programs that has made possible the nota-
ble accompUshments of blind lowans. As
the annual reports says:
"It is respectable to be bUnd. This state-
ment cannot be emphasized too strongly or
made too often. A great percentage of the
population (blind as well as sighted) still do
not believe it. The Commission's job? Make
it a reality— otherwise, nothing else counts.
Everything depends on it-self-confidence,
belief, skills, techniques, the courage and
the will to venture.
"The Orientation staff at the Iowa Com-
mission for the Blind not only develop new
techniques and improve old ones; they also
teach the hundreds of proved ones to new
students. It would be impossible for a sin-
gle individual to devise or think of all these
on his or her own. By attending the Center,
104
■ THE BRAILLE MONITOR
the student can quickly learn long cane
travel, Braille, typing, the use of the abacus,
wood and metal work, personal grooming
and hairstyUng, cooking and shopping tech-
niques, and other skills.
"More important, the student must learn
new attitudes about blindness. It may be
on a field trip around a campfire; it may be
water skiing, woodcutting, or attending
meetings or visiting programs for the blind
in another state; or it may be sitting in the
recreation room at the Center, talking with
a fellow student or staff members, or cook-
ing meat on a charcoal grill. The where
doesn't matter. The critical thing is for the
bUnd person to come to have belief in him-
self, to realize that he can be self-supporting,
to learn that he can give as well as take, to
be glad that he can have responsibilities-to
dream the impossible dream."
Another section of the report explores
what it means to base the training of skills
on the philosophy that it is "respectable to
be blind." It shows that the rehabilitation
of attitudes can be a subtle thing, but over-
whelmingly important. The discussion ac-
companies the picture of a blind woman
wearing sleepshades and operating a power
saw. It reads as follows:
"Blindness won't keep her from operating
a saw. Don't underrate her cut. Blindfolds
(called sleepshades) are used in class by
those students with some remaining vision,
to overcome false dependence on inadequate
sight and to learn faster the alternative tech-
niques of blindness. If the individual con-
tinues to try to use visual techniques (even
though they are inadequate to her), she will
probably not learn blind techniques at all.
Also, if she has 10 percent or less remaining
vision (the generally accepted definition of
blindness) and learns (without blindfold) to
operate a power saw or some other tool,
she will likely think the reason she can do
it is because she still has some sight. She
wonders what will happen if she loses any
or all of the remainder.
"If, on the other hand, she blindfolds
herself and learns that she can function with
safety and efficiency in the manner of a
totally blind person, it tends to remove the
fear. When the techniques have been learned
to reflex perfection, she can remove the
sleepshades and use the combination of
visual and blind techniques best suited to
her own personal need. Her willingness to
undergo such training will depend almost
entirely on whether she perceives it as 'rele-
vant' to her situation-which, in turn, will
largely be determined by whether her in-
structors have the experience and maturity
to see the 'relevance.' If the atmosphere is
such that the student must be 'required' to
wear the sleepshades, use a cane, or employ
any other technique, the value is probably
already lost. At the heart of the matter are
the subtle and often unrecognized attitudes
about what blindness really is and what it
really means-whether the blind person can
truly compete on terms of equality, whether
she can actually perform as well as others,
and whether she can really be a full-tledged
first-class citizen with all the rights and privi-
leges and also with all of the responsibilities.
Here, in this crucial area, many professionals
in the field fall short (often without even
knowing it) and do much damage. They lack
understanding and skill. Even more, they
lack belief that the blind can truly achieve
a full life and real accomplishment."
The annual report notes a number of
honors granted to Dr. Jernigan during 1977.
Some of these have been reported in the
Monitor, but one very signal honor has not.
The following letter gives the details:
"NATIONAL COMMISSION ON LIBRARIES
AND INFORMATION SCIENCE,
Washington. DC. January 24. 1977.
"Mr. KENNETH JERNIGAN.
Director. Iowa Commission for the BUnd.
Des Moines. Iowa.
"DEAR MR. JERNIGAN: 1 am pleased to
inform you that the President [of the United
States] has appointed you to the Advisory
Committee to the White House Conference
on Library and Information Services.
"This Committee, established in Public
Law 93-568, has the responsibility of assist-
ing and advising the National Commission
on Libraries and Information Science in
APRIL 1978 ■
105
planning and conducting the White House
Conference on Library and Information
Services. Tiie purpose of the Conference is
'to develop recommendations for the fur-
ther improvement of the nation's library
and information centers and their use by the
public'
"Sincerely.
"ALPHONSE F. TREZZA,
"Executive Director. "
This appointment recognized more than
the vitality of Iowa's programs for the
blind. It was a recognition of the important
role of the National Federation of the Blind,
and of Dr. Jernigan as its National Presi-
dent, in improving library services to the
blind. Dr. Jernigan is the sole representative
from the field of blindness. This appoint-
ment was a welcome acknowledgement that
if you solicit the input of the president of
the largest organization of the blind— repre-
senting consumers in all areas of the coun-
try—you gain the collective expertise of
those most directly acquainted with library
services to the blind.
A similar recognition noted in the annual
report was a request to Dr. Jernigan to be a
special advisor to the Smithsonian Institu-
tion. As the letter of invitation stated:
"We would like you to advise us, not only
on our own programs within the Smithsoni-
an, but also to advise on program develop-
ment nationally. . . . The Smithsonian Insti-
tution has been asked by the Bureau of
Education for the Handicapped, U.S. Office
of Education, to write guidelines that all
museums in the United States can use in
implementing programs for handicapped
visitors. We believe that the programs and
philosophy of the Iowa Commission for
the Blind should be applied to museums,
and that your help and advice are essential
for the successful implementation of muse-
um programs for the blind throughout the
nation."
With recognition and opportunity come
responsibility. This was discussed by Dr.
Jernigan in a guest editorial that appeared
in an Iowa newspaper and was reprinted as
part of the Commission's annual report.
Some excerpts from this are a good sum-
mary of the experience in Iowa, and this
experience applies as well to the rest of the
nation. The editorial reads as follows:
"When Iowa's new programs for the blind
were inaugurated in 1^58, the problems were
difficult-but they were of a different nature
from those facing the blind today.
"A building had to be found for the
Commission for the Blind; a staff had to be
assembled and trained; and blind persons
had to be encouraged to self-confidence and
belief and be given instruction in skills and
techniques.
"The governor, the legislature, and the
general public had to be persuaded to pro-
vide the money and support to make the
programs possible.
"Difficult problems, but essentially non-
controversial. On the surface there was no
violation of traditional notions about ex-
tending a helping hand to the blind and the
fact that the blind needed that helping hand.
"In those days (almost 20 years ago) it
was not uncommon for passersby to watch
with tears in their eyes as blind persons
learned to use their canes to cross streets
and go independently through busy traffic.
"So the program was launched in an at-
mosphere of general acclaim. . . . Then,
something started happening. Trained for
full participation in community life, the
bUnd began to seek it^talking not just
about gratitude but also about their rights
as citizens.
"They called denial of equal consideration
for jobs discrimination-they asked that
they receive insurance on equal terms with
others unless it could be shown that they
were a greater risk, and the State Insurance
Commissioner agreed and issued the rule.
"They asked for equal rights in the ren-
tal and purchase of housing, attendance at
educational institutions, use of public trans-
portation, and access to all public accom-
modations available to others.
"And this is the source of the problem.
This new role of the blind is taking some
106
• THE BRAILLE MONITOR
'getting used to' on the part of the public.
"Some of the very insurance companies
and landlords and employers who supported
the training programs that led inevitably to
the present insistence of the blind that they
be allowed to participate are now resenting
the results.
"In effect they are saying. The blind are
getting too pushy. They should stay in their
place.' . . .
"There is no such thing as a free lunch,
so the blind will have to pay for the new
freedom they seek. They will have to be
willing to assume responsibilities as well as
rights. They will have to give up the security
of being taken care of and the countless
little privileges which they have enjoyed.
"The public, too. will have to give up
some of its cherished traditions-the pleas-
ure of treating the blind like pets and chil-
dren instead of equal members of the com-
munity-its feeling of superiority.
"But what an exciting and challenging
opportunity! It has never happened in any
state or nation before. Iowa has the chance
to take another step in leadership and pio-
neering. The blind are ready, and we believe
the public is ready.
"The future looks better for the blind
in Iowa today than it has ever looked at
any other time or any other place in the en-
tire history of the world." D
MARYLAND LEGISLATURE HONORS
PRESIDENT SANDERS AND THE FEDERATION
On January 11, 1978. the House of Dele-
gates of the Maryland Legislature passed
a unanimous resolution that read as follows:
"OFFICIAL CITATION
"Be it hereby known to all that the House
of Delegates of Maryland offers its sincerest
congratulations to Mr. Ralph W. Sanders in
recognition of his election to the presidency
of the National Federation of the Blind, the
largest organization serving the blind in this
country."
It is a tradition with the Federation that
the leaders we elect lend honor to the office
of President, and that the NFB presidency
lends honor to those who occupy it. The
resolution passed by the Maryland House
of Delegates indicates that the tradition
continues. The Federation is strong in
Maryland, and as the result of contacts,
legislative dinners, and public education.
Maryland legislators are aware of who we
are and what it means to be chosen our
President.
On the other hand, the legislature is
becoming well aware of the qualities of
Ralph Sanders. In the short period since he
came to the state to take charge of services
to the adult blind, as president of Bhnd
Industries and Services of Maryland (BISM),
the state's programs in a number of areas
have been completely turned around. A
series of A/on/7or articles discussed the prob-
lems that plagued BISM prior to October
1975 when Ralph Sanders was named presi-
dent.
Some of the problems grew out of the
arrangement of state services -for instance.
BISM. which manages three sheltered plants,
the vending stand program, and some other
services to the adult blind, is separate from
the state rehabilitation program with its job
placement staff. This problem, which still
exists, makes it hard for BISM to move
blind workers into private industry. But in
1975, the problems extended beyond the
confusion caused by organizational struc-
ture. An audit called for by the governor
found misuse of funds and general misman-
agement. The whole operation was close to
bankruptcy.
Since then, however, BISM has progressed
steadily and quickly. In 1975, the average
wage of shopworkers was $1.79 per hour,
and some workers received as little as 51
cents an hour. Today the average wage in
APRIL 1978 ■
107
BISM's three plants is $2.86 an hour, and
no worker receives less than $2.65 an hour.
In 1975, one section of BISM performed
endless and meaningless work evaluation
(particularly meaningless since it led to noth-
ing but subminimum wages and placement
in the workshop). Today this unit is the
rehabilitation division, which teaches inde-
pendent living skills. The vending program
remains one of the best in the country in
terms of wages and independence of the
vendors. The overall budget of BISM has in-
creased from $3 million to $5 million.
The key to this progress, as in Iowa and
a growing number of other states, is that
the programs are based on Federation phil-
osphy and supported by the blind consum-
ers of services. D
IN THE JURY BOX
by MARY BARBER
[Note: The January 1978 Monitor pub-
lished the story of Jim Nelson's efforts to
serve on a jury panel in Virginia. The road
to removing prejudice against the blind in
the legal system has been a long one. In
Hope Deferred, the study of public welfare
and the blind written by Jacobus tenBroek
and Floyd Matson and published in 1959,
the following case was cited:
["A superior court judge, duly elected by
the voters of his county, was threatened
with disqualification— not on the ground of
bad character, inexperience, or lack of
knowledge (he had been a police court judge
and justice of the peace for eleven years) —
but on the ground that he was blind. Im-
mediately after his election a bill was intro-
duced into the state legislature to disqualify
blind persons from sitting as judges in any
court of record in the state."
(The situation has improved since then,
yet instances of this type of discrimination
have continued through the years. The Feb-
ruary 1976 Monitor reported the decision
of a Washington State superior court judge
who ruled that the decision of a state human
rights commission tribunal was invalid be-
cause the tribunal included a blind woman,
Federationist Sue Ammeter. The judge de-
clared: "A person who is legally blind is
not qualified to serve as a fact-finding tri-
bunal member." The decision spurred the
NFB in Washington to seek a state law pro-
tecting the right of blind persons to serve
on juries, a project that was successful.
Recently, the NFB in California secured the
same law; and again, the campaign grew out
of the experience of a man who was barred
from a jury because he is blind.
[But as the following article shows, we
are making progress, and the end of this
sort of ignorant and arbitrary discrimination
may be in sight.]
An opportunity was given to me recently
that I would like to share with oVatx Moni-
tor readers. In mid-December of 1977 I re-
ceived a letter from the district court in
Des Moines, Iowa, saying that my name had
been drawn for jury duty. I really wanted
to serve but was unfamiliar with the whole
procedure.
I didn't know whether my employer, the
Des Moines public schools, would allow me
to serve. Also, people can be excused on
the basis of disability or other problems. So
I thought I might not be allowed to serve
because I am blind. The principal at my
school encouraged me to serve, indicating
that it would be good experience. That
question was solved.
There was a brief form to fill out which
asked, among other things, my occupation,
my husband's occupation, and "Do you
hear well?"— nothing about vision. The
term of service was from January 3 to 27.
I appeared at the courthouse on Janu-
ary 3, very eager and not knowing what to
expect. Perhaps they would remind me that
I could be excused because of disability, at
which time I would insist that I was able
and willing to serve. Instead, when I stepped
108
• THE BRAILLE MONITOR
up to the clerk's desk, a pamphlet, juror's
button, and parking permit were routinely
pushed toward me. No questions, no pro-
test.
For the next four weeks I went about a
juror's business Hke everyone else in the
group: waiting around to be called, going
into courtrooms, answering attorneys' ques-
tions, hearing witnesses tell contradictory
stories, and bringing back verdicts.
During those weeks I served on threejury
panels: two minor criminal cases and one
competency case. I was questioned for a
murder case; but after two and a half anx-
ious days, I was not selected. That was
rather disappointing. Of course, lawyers re-
ject jurors for all sorts of reasons, but I
would not rule out the possibility that
blindness was a factor. It would be interest-
ing to know whether a blind person has
served on a major felony case.
Considering the caseload that month, my
experience was probably about average.
Some people in the group had fewer cases,
some had more. It was a very interesting,
worthwhile experience.
1 hope I changed some attitudes by going
about a juror's business. There was one
bailiff who thought it was quite wonderful
that I walked up the stairs to the third tloor
where jurors were selected.
We still have a way to go in the area of
jury service. I feel that I gained as much
from the court proceedings as the sighted
juror who sat next to me. Judges and at-
torneys need to know that blindness is
not an impediment to bringing back a just
verdict. D
LIZ WESTON BEATS THE BLUES
Elizabeth W. Weston died October 21,
1977, at the age of 69. She was a member
of the Washtenaw County Chapter of the
NFS of Michigan. Jan Clausing of that chap-
ter sent the Monitor an obituary that had
appeared in the Ann Arbor News. In her
cover letter she wrote: "Most of us in this
area have only gotten to know Liz well
within the past year or so, . . . so we cannot
give you much information as to Liz's past
role in the Federation. We can tell you,
however, that we will miss her very much.
Though she was the oldest member of our
chapter by several years, her spunk, vigor,
and fighting spirit equaled, and probably
surpassed, that of our younger members.
Whether in support of a general cause, or as
an individual member, Liz was always will-
ing to take a stand."
As it happened, the NFB's Washington
staff was in a position to know a good deal
about Liz Weston's past role in the move-
ment; she had been corresponding with us
for several years, and her last letter was
written shortly before her death. Her story
is worth telling.
Elizabeth Weston spent her career as an
attorney for the National Labor Relations
Board in Washington, O.C. She joined the
NLRB during the first term of Franklin
Roosevelt and continued until 1964. As she
wrote to Or. Jemigan some years later, "I
was blinded by optic nerve atrophy at the
end of 1963 and thereupon forced to retire
from active federal service .... It was soon
after that personal crash that a friend sent
me to John and Virginia Nagle, and I joined
the Federation and started getting rehabili-
tated no thanks to the D.C. vocational re-
habilitation agency."
Mrs. Weston moved to Michigan in 1971.
She had a small amount of peripheral vision,
and on the advice of her doctor, purchased
two hand-held magnifiers that allowed her
to use this remaining vision. Later, when
these were no longer useful, she purchased
an Apollo Electronic Visual Aid (EVA) a
closed-circuit television magnifying device.
She submitted the bills for the hand mag-
nifiers, and later the EVA. to Blue Shield
of Michigan, which administers the Medi-
care program in that state. Her request for
APRIL J978 ■
109
repayment was denied.
In May 1974 she wrote to Perry Sundquist,
at that time editor of the Monitor, as fol-
lows: 'i am having a battle with Medicare
of Michigan (which in this state is Blue Cross
and Blue Shield) over the magnifier issue.
They pay for crutches, wheelchairs, and
artificial limbs, not to mention psychoanal-
ysis and lots of other nonsense. But not
one penny for even my little magnifiers of
the type you and I both carry around with
us. White canes are out, too."
Mr. Sundquist replied : "I can see that you
are really mad at Blue Cross-Blue Shield. . . .
Stay mad. thougli, Liz-it becomes you."
He referred Mrs. Weston to JimGashel, who
had succeeded John Nagle as Chief of the
NFB Washington Office. Mr. Gashel wrote
to her, expanding on Perry Sundquist's let-
ter. He wrote: "Certainly I agree with you
that the bhnd (actually of whatever age)
encounter massive discrimination in health
insurance, both public and private. . . . From
your letter I can tell that you are not one
to be content with things as they are if you
can think of a better way to do the job that
must be done."
This was one of Liz Weston's notable
characteristics— she stayed mad and she was
willing to take on whatever was thrown in
her path. She wrote back to Jim Gashel:
"As for discrimination against the bhnd
in the present Medicare and private insur-
ance systems, you are quite right in pointing
out that it's not confined to my age group.
I do think it's somewhat more aggravated
in our case, however; because we're unem-
ployable as a practical matter, hence ineli-
gible for vocational rehabihtation assistance
in obtaining such things as visual aids and
other 'hardware.'"
In July 1974 Mrs. Weston began to plan
an appeal of the Medicare refusal to pay
for her magnifiers. She wrote to Jim Gashel
again on July 23. The letter showed her
understanding of the Federation point of
view-the broad perspective rather than im-
mediate personal gain. (In this and Mrs.
Weston's other letters, the references to
"the Blues" are to Blue Cross-Blue Shield.)
She wrote, in part:
"[A]s soon as I get my ducks in a row and
get organized, sometime within the next six
months, I'm going to appeal this Medicare
ruling. 1 almost hope they (i.e., the Blues)
turn down the appeal, because I might just
possibly have enough resources and energy
to sue Medicare of Michigan and the Blues
in the federal district court-I suppose that
would be the right forum, since the Blues
purport to be relying on federal legislation
and rules. ... I think I have them dead to
rights legally; and if I could sue and win by
any chance, it might be a helpful way of
calling public attention to one more form of
discrimination against the blind in general."
As the case evolved, it turned on the legal
meanings of the terms "prosthetic lenses"
and "durable medical equipment." In reject-
ing Mrs. Weston's claim, Dellmas Williams
of Michigan Blue Shield wrote: "[A]lthough
an item may be classified as durable medi-
cal equipment, it may not be covered in
every instance. Coverage is subject to the
requirement that the equipment be neces-
sary and reasonable for the treatment of an
illness or injury, or to improve the function-
ing of a malformed body member. These
considerations will bar payment for equip-
ment which cannot reasonably be expected
to perform a therapeutic function."
About this response Mrs. Weston com-
mented: "In trying to convince me that my
magnifiers are outside the Social Security
definition of 'medical equipment,' Williams
assumes two things that are simply untrue;
namely, that they are 'generally useful in
the absence of . . . injury,' and that they are
not 'necessary and reasonable ... to improve
the functioning of a malformed body mem-
ber.' As applied to my damaged eyes and
my magnifiers, this is utter nonsense."
At her request, Jim Gashel explored the
matter with the Social Security Administra-
tion in Baltimore. He reported as follows:
"The precise meaning of 'prosthetic
lenses' is actually spelled out in Social Secu-
rity Administration guidelines for admini-
stering the act. As I read . . . the guidelines,
a 'prosthetic lens' must perform the function
110
■ THE BRAILLE MONITOR
of replacing the 'crystalline lens of the eye'
in order to be covered. . . .
"As 1 talked with personnel in the Bureau
of Health Insurance in Baltimore. I explored
the possibility that your magnifiers might
be covered under 'durable medical equip-
ment' as provided for in section 1861 (s)(6)
of the act. ... I argued that it seems incon-
sistent for Medicare to approve the purchase
of wheelchairs, crutches, braces, and similar
devices which fully or partially restore a
lost body function, while not approving the
purchase of magnifiers which supplement
the sight of those with impaired vision.
Medicare's response was: 'This may be so;
therefore what you should do is tell the
Congress about it.' I responded that I am
on speaking terms with some members of
the Congress who could perhaps be of help,
but that the administration of the Medicare
law concerning this matter seems somewhat
restrictive and arbitrary. At this point 1 was
told that the Social Security Act virtually ex-
cludes Medicare coverage for 'eye care' ....
"Well, Liz, there you have the results of
my investigation of this matter. I must say,
everyone I have talked to (including persons
both inside and outside our movement) is
dubious concerning the success of any ap-
peal to get Medicare to cover the magnifiers.
Perhaps, though, we are dealing with a gray
area in the law. Maybe there is a loophole,
or perhaps you can be successful in arguing
that these magnifiers should be regarded as
'durable medical equipment.' In any event,
you are an old government lawyer, and if
there's a way, you will likely find it."
Liz Weston was undaunted. She replied:
"I agree with you that my magnifier appeal
doesn't stand much chance. But the initial
stage won't cost me much either, and there's
always a chance that I can smoke out a rul-
ing which might be helpful in future efforts
in behalf of blind people who need some-
thing more than cataract lenses. In any
event, it seems worth trying, if only because,
as you say, magnifiers for the partially
sighted are in a gray area a gray void, in my
curbstone opinion."
Two days later, on August 27, after Mrs.
Weston had examined the law, she wrote
again: "Section 1862(a)(7) is very interest-
ing; and in my opinion it has no such scope
as those Social Security people try to give
it. In case you didn't keep a copy, it lists
the following under the heading 'Exclusions
from Coverage':
"'(7) . . . routine physical checkups, eye-
glasses or eye examinations for the purpose
of prescribing, fitting, or changing eye-
glasses, procedures performed (during the
course of any eye examination) to deter-
mine the refractive state of the eyes, hearing
aids or examinations therefor, or immuniza-
tions . . . .'
"I'll be damned if that excludes any kind
of 'eye care' except for the specific purpose
of checking or changing 'eyeglasses'-and I
wouldn't think Social Security would call
my magnifiers 'eyeglasses' just because they
are made of glass.
"On the affirmative side— well, if Social
Security could squeeze cataract lenses— cor-
rection, I mean 'prosthetic lenses,' which
are defined in terms which seem to exclude
everything but cataract lenses- into section
1861 (s)(8), it would be easy enough to fit
my magnifiers into that or one of the adjoin-
ing sections. The trouble is, they don't want
to, so they probably won't. I'll give them as
hard a time as I can, and that will be that. . . .
Contrary to what the man [you talked to]
said, there's no statutory basis for the gen-
eral thumbs-down attitude about 'eye care.'
That, I surmise, is just a bad old habit of
the Blues. It's too bad that my case is so
off-beat -and that the unit cost of most
magnifiers is too low to be worth a lawsuit."
The appeal dragged on for more than two
years. As Mrs. Weston wrote in March 1977:
"It's still at the Blue Shield level, believe
it or not. A re-run of a hearing which the
Blues loused up nearly two years ago is to
be held here in Ann Arbor on Tuesday,
April 5. With my counsel's enthusiastic
approval, John Haiverson is going to sit in
and say that tiie NFB of Miciiigan supports
my position. Neither one of us will mention
the new federal-level NFB proposal, but
we'll have it in mind and won't compromise
APRIL 1978 •
111
it either. The whole story of this case would
fill a book."
(The NFB proposal Mrs. Weston mentions
is the Comprcliensivc Services for the Blind
bill that was introduced in the Congress in
February 1977. Among other things, the
legislation would provide services and funds
for aids for bUnd persons not eligible for
vocational rehabilitation-in other words,
young blind persons and those over age 65.
This bill is the Federation's remedy for a
number of problems, including Mrs. Wes-
ton's. It is our plan to seek to have the pro-
visions of the bill included in the federal
Rehabilitation Act when that act is extended
this year.)
Mrs. Weston's appeal was successful. As
hearing officer Clarence Bomheim wrote,
on September 29, 1977:
"After an extensive and time-consuming
investigation, the hearing officer was able
to establish that this item could be covered
under the State of Michigan Medicaid Pro-
gram as durable medical equipment. It was
further established that an item similar to
the Apollo, called an 'Optacon,' is utilized
by a bhnd legal clerk in the Flint, Michigan,
Social Security Administration Hearings and
Appeals Office. The machine makes it possi-
ble for totally blind persons to read standard
print. . . .
"It does not appear that the Apollo could
be classified as a prosthetic device since it
does [not] replace all or part of an internal
body organ.
"However, by applying a broad interpre-
tation of the durable medical equipment
rules of the Social Security Administration,
in this instant case the Apollo could be con-
sidered durable medical equipment since it
clearly serves a therapeutic purpose and
makes a meaningful contribution to the
treatment of the claimant's Ulness or injury."
The hearing officer then reversed the de-
cision of Blue Shield and authorized pay-
ment for the Apollo EVA and the hand-held
magnifiers. The decision closed with the
following:
"This decision is applicable only to this
instant case and is not precedent-setting for
any future claims."
Despite the hearing officer's caution, this
decision is a real victory. It indicates that in
situations such as Mrs. Weston's, Medicare
can pay for low vision aids. Her situation
was not peculiar or out of the ordinary, so
there is reason to believe the same decision
will be reached in other cases.
When she first got word of the decision,
Mrs. Weston wrote to John Halverson, at
that time president of the NFB of Michigan,
as follows:
"DEAR JOHN: You and Jim Gashel-to
whom I am sending a copy of this letter-
will be pleased to know that I won my bat-
tle with Medicare over magnifiers. Hands
down. Bomheim, the hearing examiner, held
that the two little hand-held visual aids, as
well as the closed-circuit TV magnifier, are
covered by the Medicare B insurance as
'durable medical equipment.'
"It's a real break-through for the partially
sighted blind. Maybe even for the totally
bUnd, since the opinion compares my de-
vices to the Optacon,
"Not that I've seen the opinion yet. It
just came through Friday afternoon, and
Maxine Virtue [Mrs. Weston's attorney] read
it to me over the telephone. Despite the
favorable signals we all picked up at that
April 5 hearing, Maxine was beginning to
get worried about the delay. She figured
that some high-level HEW type was vetoing
release of the Bomheim opinion.
"But no, we don't expect the Blues to
appeal.
"I'm about to start a long-delayed trip to
Colorado to visit grandchildren. But I'll
leave word with my secretary to get ump-
teen copies of the opinion and send one to
Jim. Translation and analysis iox i\\Q Moni-
tor will come along later, when I get back
and catch my breath.
'Warm regards,
"LIZ WESTON.
This was the last we heard from Mrs.
112
• THE BRAILLE MONITOR
Weston. Three weeks later, while visiting
her daughter in Colorado, she suffered a
stroke and died.
But Elizabeth Weston lived to see her
case won and her point proved. It was a
particularly Federation style of victory that
she won. She was thinking not of her own
situation, but of other bhnd people who
were getting the same raw deal-blind people
who had neither the money nor the legal
experience to contest an arbitrary bureau-
cratic decision. By the time the hearing
officer awarded Mrs. Weston the cost of
her visual aids, she had spent more than
that amount on legal fees. When it was all
over, she had lost money on the deal.
From time to time Liz Weston wrote to
the Washington Office about what some-
times seemed to be a personal battle with
the Blues. She wondered whether the
national organization might not want to
take over the appeal. After some delibera-
tion it was decided that a legislative route
might handle the problem more thorough-
ly (and, as noted, we are now taking this
route); but we encouraged Liz to keep on
with her appeal. As we wrote:
"The Federation makes immense de-
mands of its members in terms of time,
effort, and even money; but this is because
these demands are made by the members of
themselves. You have already spent more
than the cost of the EVA on trying to re-
cover the cost of it. This would be foolish
if you were acting only for yourself, but
of course your goal is much broader. You
are what we need most members who meet
discrimination, who understand the implica-
tions of it not only for their own case but
for thousands of others in the same situa-
tion, and who are willing on their own to
devote time and money to correcting it."
Mrs. Weston replied to this letter with
characteristic modesty. She wrote: "You
credit me with too much altruism in pursu-
ing this case as far as I have. At least 50
percent of my motivation has been simply
outraged professional pride— i.e., as an old
federal administrative lawyer."
As outraged federal lawyer or Federa-
tionist, Liz Weston was a valuable member
of the movement. She is gone, but the vic-
tory she achieved and the example she set
remain. D
CONVENTION RESERVATIONS
If you have neglected to send in your
reservation for this summer's NFS Conven-
tion in Baltimore, don't put it off any long-
er. On the last page of this issue, underneath
the PAC Plan card, is a special reservation
form. Use this if you have not already made
a reservation. Remember that you must
send ten dollars to secure the reservation
(this money will be applied to your hotel
bill). On the reservation form are places to
note what kind of room you want, and to
give your first and second choice of hotels.
These hotel preferences can be honored only
so long as there are rooms left. All three
hotels are within a block of the convention
center where the Convention sessions will
be held.
We are using this reservation fonn to en-
sure that you provide all the information
needed to make your reservation. Once
again, do not use this form if you have al-
ready made a reservation. The Convention
will be from Sunday, July 2, through Fri-
day, July 7. 1978. Here are the correct
room rates at the various hotels. (The room
rates for the Holiday Inn listed in the Feb-
ruary issue were incorrect.) Lord Baltimore:
singles SIO, doubles $14, triples S19. four in
a room S24; Baltimore Hilton: singles $12,
doubles $16, each additional person in the
room is $5; Holiday Inn: singles S12. dou-
bles $14, triples $16, and four in a room $18.
This will be our biggest and best Convention
yet, so send in your reservations now. D
APRIL 1978 ■
113
FEDERATIONISM AT WORK
AT SEATTLE COMMUNITY COLLEGE
The excitement surrounding tiie Program
for tiie Blind on the Central Campus of the
Seattle Community College, Seattle, Wash-
ington, is understandable. The year-old pro-
gram has already made an impression on
the Puget Sound region, and its influence
is Ukely to grow.
The program, funded by the Washington
State Commission for the Blind, is a career
exploration course. Students are referred to
the program by the Commission. An inter-
view with coordinator Ed Foscue, program
manager Mary Jacoby, and program assist-
ant Denise Wyatte detenTiines whether the
student will profit from what the program
has to offer.
What is offered is a broad vista of job ex-
plorations, practice for career and life deci-
sion-making, field excursions, and hands-on
experience in any realm of work that inter-
ests a student. For some this is the first
introduction to kinds of work and schooling
traditionally considered closed to the blind.
The explorations may include air transpor-
tation, carpentry, meteorology, speech and
hearing clinician, biomedical electronics,
and interpreter for the deaf, among others.
The students work hard in the program.
They are largely responsible for setting up
their own interviews and job explorations.
They report on areas they explore, the rea-
sons for accepting or rejecting interests,
and plans for pursuing the chosen career
through schooUng and training.
A high standard of success was set by
Colin Malcolm, one of the first students to
enroll in the program. After a variety of
interviews and research into training pro-
grams, CoHn completed a two-year broad-
cast technology course in nine months. In
January 1978, he began work as a chief en-
gineer for radio stations KGHO and KBKW
in Aberdeen. Washington.
Incorporated into the program is constant
communication with and support from the
staff. Daily planning sessions and weekly
rap sessions are part of the schedule. The
rap sessions provide a chance to develop
group awareness about attitudes of and to-
ward the blind. Other student groups and
guests have participated and valuable sharing
has occurred.
In 1977, in order to improve service to
the students and gain support from the
community, the staff planned and partici-
pated in three workshops. In May, a work-
shop to introduce the program to the rest
of the Seattle Community College system
was presented. Chuck McNeil, an aviation
mechanics student at the South Campus
and part-time staff member for the pro-
gram, offered straightforward information
and personal examples of the wealth of
opportunities available when blindness is
accepted as a characteristic, not a handicap.
A demonstration of alternative techniques
and an appraisal of Chuck's work by one of
his instructors cracked open some doors in
areas that were tightly shut before the
workshop.
A more specific presentation, titled "The
Blind Secretary: In Training and In Prac-
tice," reached further into the Puget Sound
region in December. Invitations were sent
to instructors in vocational and technical
high schools as well as community colleges.
Darleen Walker, who has worked as a secre-
tary for the California Department of Reha-
bihtation for the past nine years, was the
guest speaker and primary source of infor-
mation. In spite of its seemingly narrow
topic, the workshop presented a broad
message of positive attitudes and the inde-
pendence of the blind.
While these workshops were aimed at
public information, the program recognizes
that to continue providing the most useful
service to students and the community, staff
development is necessary. A week-long train-
ing session in November provided this.
114
■ THE BRAILLE MONITOR
Working under sleepshades in a kitchen
and in a wood-working shop was a new
experience for some of the staff. Cane trav-
el through a major business district resulted
in some amusing and aggravating experi-
ences. (One quickly learns about societal
attitudes toward the blind when directly
confronted with them.) The week also in-
cluded discussions led by Al Fisher and
Nancy Brenton of Spokane's Lilac Blind
Foundation, and as a result of all these
experiences, awareness and sensitivity grew.
All of these factors-the purpose and im-
plementation of the career search, the high
expectation of success, the demands made
of the students and staff, and the workshops
for public information-make this program
valuable and exciting. Most of the staff are
strong members of the NFB; and from this
description of the program, it will be clear
that Federation philosophy and spirit are
alive and well in Seattle. D
KURZWEIL READING MACHINE TESTING PROJECT
NEARS A SUCCESSFUL CONCLUSION
The Federation's testing and evaluation
of the Kurzweil Reading Machine is nearing
its conclusion, and the results have been
well worth the effort. The project has taken
longer than expected, and this has been due
to the emergence of small but difficult-to-
correct problems with many parts of the
system. Yet this is the most valuable aspect
of the testing. For instance, the design of
the book holder has been changed a num-
ber of times. Inearly models of the machine,
either the book holder would break or it
would damage the books being read. It was
the sort of problem not likely to concern
computer engineers working in isolation in
their laboratories, but it is important to
bhnd people using the machine.
The Federation purchased five of the
reading machines; and as of February 1978,
75 blind persons had used them for a total
of more than 1,100 hours of reading. Heavy
day-in-and-day-out use like this has enabled
the Kurzweil engineers to locate problems
before the machine is on the market in its
final form. The difference is between a ma-
chine that startles the public with its tech-
nical sophistication and a machine that is
actually useful to blind people. It is a dif-
ference that the blind know well in an age
when every laboratory of advanced research
in the country seems intent on producing
some miracle for the blind.
The basic technology for turning print
into speech has been around for several
years, and a number of companies have dem-
onstrated the use of it. What emerged as
the Kurzweil machines were spread around
the country and used for routine reading
chores was that the basic translation of
print was just the beginning. As reported in
the June 1977 Monitor, Kurzweil Computer
Products had made great progress in dealing
with the enormous variety of typestyles
used in printed matter. Originally restricted
to a single typewriter type, the machine
now comprehends more than 200 different
styles.
Yet it turned out that this was just the
first step. The traditions of book format-
ting have been developing since the middle
ages, and the innovators in the field never
worried about what sense a machine would
make of their work. Multiple columns, head-
ings at the left or right margins, page num-
bers in a dozen places, pictures, graphs, and
the paraphernalia of scholarly texts-all of
these have proved a nightmare for the engi-
neers. Beyond this, the mechanics of the
machine have come in for extensive com-
ment. The placement of keyboard buttons,
the pressure it should take to press one
down, the spoken commands, even the
kinds of screws and handles that will per-
mit easy maintenance and replacement all
of these have been tested and altered and
tested and altered again.
It has been an eye-opening experience
for everyone involved, but the result will
APRIL 1978 ■
115
be a machine that is not just a technical
breakthrough but a useful tool.
Kurzweil Computer Products is pres-
ently at work on what is called Model III.
This model will incorporate the altera-
tions made as a result of suggestions from
users in our testing project. It will be un-
veiled for the first time at the NFB Conven-
tion in Baltimore this summer. The Model III
will be smaller than previous models, and
the price has dropped from $50,000 to just
under 520,000. This is still beyond the
reach of most consumers, but it is a first
step. Eventually, the price should come
down to about $5,000.
All five of the reading machines pur-
chased by the NFB are now in operation.
The NFB machines are in the following
locations: the New York Public Library's
Main Branch, in Manhattan; Bhnd Industries
and Services ofMaryland, in Baltimore; Nor-
lin Library at the University of Colorado, in
Boulder; the Iowa Commission for the Blind,
in Des Moines; and the State Orientation
Center for the Bhnd. in Albany, California.
It takes about a day of training to use the
machine proficiently, and schedules of use
have been set up to ensure constant testing;
but interested blind persons and the general
public can see the machine in operation at
any of these sites. And of course, the new
Model III will be on display at the Baltimore
Convention in July.
Although the Kurzweil testing proj-
ect will end this June, the experience gained
by the Federation in this area will not go to
waste. The value of large-scale consumer
testing has not been lost on other producers
of technical devices for the blind. We have
been approached by several companies inter-
rested in setting up formal testing projects
for their machines; and we are prepared to
work with any firm that wants the input of
its consumers. Particularly in the area of
technical advances, it is far more productive
to sohcit the input of consumers in the
development stage than to work without
their input and then wonder why the result
is rejected by them. We are the ones, after
all, who have to use the devices. D
RECIPE OF THE MONTH
by ARLENE GASHEL
lllllllllllllllllllllllllllllllllllllllllllllll
Note: Arlene Gashel is secretary of the NFB of D.C. and the wife of Jim Gashel, =
Chief of the NFB 's Washington Office. S
CHEESE SOUFFLE =
Ingredients 5
6 oz. natural cheddar cheese 1 teaspoon salt =
(not processed cheese) 1-1/2 cups milk =
6 tablespoons flour Pinch of red cayenne pepper =
3/4 stick butter or margarine 1/2 teaspoon paprika =
Butter a two-quart casserole. Separate the eggs. In the top of a double boiler =
over boiling water, melt the butter; blend in the flour, grated cheese, and season- =
ings. Add the milk and stir constantly until thick and smooth. Remove from the =
boiUng water and let stand. Beat the egg yolks until thick. Stir the yolks into the =
other mixture. Beat the egg whites until stiff. Put them in the buttered casserole =
and gradually pour in the cheese mixture, folding very carefully until well blended. =
Bake for 45 minutes in an oven preheated to 350 degrees. Serve at once. (Note: S
This recipe may be prepared and refrigerated for up to ten hours before baking. =
If you do this, place the refrigerated souffle in a cold oven and bake for 50 min- =
utes at 350 degrees.) n =
116
■ THE BRAILLE MONITOR
MONITOR MINIATURES nnnDDDnn
n On November 9. 1977, the Colonial Life
and Accident Insurance Company honored
NFB First Vice-President Donald C. Capps.
Approximately 100 employees of Colonial
Life were on hand as Mr. Capps was
honored for 30 years of service to the
company. During the ceremony, Leon S.
Goodall, president of Colonial Life, pre-
sented Mr. Capps a 5-piece inscribed silver
service and said about him: "He began with
Colonial in April 1947 as a claims examiner-
trainee. He was later assistant manager of
the claims department, and his present posi-
tion is manager of the death claims section.
Don is truly a fine example of a person who
becomes involved in community affairs.
He is active in church work, a former presi-
dent of the Forest Acres Rotary Club, mem-
ber of the state and national Federation of
the Blind, and on the Governor's Committee
on Employment of the Handicapped. This
year, Don received the Jacobus tenBroek
Award which is given to the bUnd Ameri-
can making the greatest contribution to the
blind during the year. He and his wife Betty
have two children. Don is proud to be a
part of an organization which has experi-
enced tremendous growth over the years,
and we are very proud to have him as a part
of our organization." The organization Mr.
Goodall was referring to here was Colonial
Life, but the same is true of the NFB: We
are very proud to have him as a part of our
organization.
D Blind junior high students of either sex
interested in attending Phillips Academy, in
Andover. Massachusetts, should contact
Mr. Donald Montgomery Reynolds, 4 Park-
side Drive, Davis, California 95616. The
academy's standards are high, but the ad-
ministration is serious about enrolling quali-
fied blind young men and women. Mr.
Reynolds was instrumental in creating this
receptive atmosphere, and he can assist
with. admission procedures and scholarships.
D The NFB of Indiana plans to offer a schol-
arship to a legally blind resident of Indiana
who has graduated from high school or will
graduate in 1978 and who is studying in
college or plans to enter college for the
1978-79 term. To apply, send your name,
address, the name of your high school, an
official high school transcript, an official
statement of grade-point average, what year
of school you are in, the name of the college
you attend or plan to attend. AppUcations
should be sent by July 1, 1978, to Russell
Getz, 321 North Main Street, Goshen, Indi-
ana 46526. The scholarship will be awarded
at the Indiana state convention this fall.
D Federationists are invited to attend the
1978 convention of the NFB of New Jersey,
to be held May 5 through 7. It will be at
the Gateway Motor Lodge, Raymond Boule-
vard and McCarter Highway in Newark.
n The NFB of the District of Columbia
will hold its annual convention April 28-29,
at the Central Holiday Inn, 1501 Rhode Is-
land Avenue, Northwest, Washington, D.C.
Registration will open Friday, April 28 at
4:00 p.m., and the convention will close
with a banquet at 7:30 p.m. the next night.
D The NFB of Mississippi Newsletter has
the following note: "Everybody is heading
for the Jacksonian Motel on Interstate 55N
in Jackson the weekend of April 21-22. Our
sixth annual state convention will be held
in this excellent facility."
D The Greater Columbia magazine, pub-
lished in Columbia, South Carolina, has
recently had several articles about the ac-
tivities of the NFB of South Carolina. The
February 1978 issue had an excellent write-
up about Federationist Suzanne Bridges,
the executive director of the Federation
Center for the Blind. The Center is owned
and run by our South Carolina affiliate.
Here are some quotes from the article:
"Perhaps very few people know that Su-
zanne is part of a new and fast-growing mili-
tancy among America's over half a million
blind people who are seeking equal rights in
the areas of employment, housing, and
transportation. They want to create a new
image of themselves and help open new
doors for themselves along with determin-
ing their own destiny. The prejudice they
face is 'all the worse because it is based not
APRIL 1978 ■
on fear or hatred but on pity.' They are
tired of the over-protection by society which
'prevents them from ever reaching adult-
hood.' . . . 'We are a proud bunch of people
who ask for an equal opportunity and equal
consideration.' says Suzanne Bridges; 'we
are not asking for special privileges. Our
biggest problem is not our own blindness
but the attitude of the people towards our
bUndness.' Due to this courageous stand of
the blind, the National Federation of the
117
Blind has gained over 10,000 new members
in the past five years and is continuing to
gain strength .... Suzanne sums up the
present thinking and feelings of the blind
this way: 'The day the blind can adopt
children without a court fight, serve on a
jury or acquire such a simple luxury as a
safe-deposit box, will be the day that we
know we're on our way. We're not less in-
telligent or less capable than the next
person.'" D
PRE-AUTHORIZED CHECK PLAN (Instructions on back of the card)
I hereby authorize the National Federation of the Blind to draw a check to its own order in the ainount of $_
payable to its own order. This authorization will remain in effect until revoked by me in writing and until such notice is actually received.
_day of each month
Bank signature of donor (both signatures if Two are necessary)
Address
We understand that your bank has
agreed to cooperate in our pre-
authorized check plan on behalf of
your depositor. Attached is your
client's signed authorization to
honor such checks drawn by us.
Customer's account and your bank
transit numbers will be MICR-
printed on checks per usual specifi-
cations before they are deposited.
Our Indemnification Agreement is
on the reverse side of the signed
authorization.
AUTHORIZATION TO HONOR CHECKS DRAWN BY NATIONAL FEDERATION OF THE BLIND
Name of depositor as
shown on bank records Acct. No
Name of bank and branch, if any, and
address of branch where account is maintained-
For my benefit and convenience, I hereby request and authorize you to pay and charge to my account checks drawn
on my account by the National Federation of the Blind to its own order. This authorization will remain in effect
until revoked by me in writing, and until you actually receive such notice 1 agree that you shall be fully protected in
honoring any such check. In consideration of your compliance with such request and authorization, 1 agree that your
treatment of each check, and your rights in respect to it shall be the same as if it were signed personally by me and
that if any such check be dishonored, whether with or without cause, you shall be under no liability whatsoever. The
National Federation of the Blind is instructed to forward this authorization to you.
Date
Bank signature of customer (both signatures if two are necessary)
Date of Arrival.
Name
NATIONAL FEDERATION OF THE BLIND 1978 BALTIMORE CONVENTION
a.m.D p.m.n Date of Departure
(Name of Registrant)
Address.
TYPE OF ROOM
Single D Triple D
Double a Quad D
Twin D
Mail completed form with $10 deposit to: Baltimore Convention, Box 4422, Baltimore, Maryland 21223.
YOUR CHECK OR MONEY ORDER SHOULD BE MADE OUT TO: BALTIMORE CONVENTION
City, State, and ZIP Code
HOTEL
1st Choice
2nd Choice
Lord Baltimore
D
n
Baltimore Hilton
D
D
Holiday Inn
D
n
118 ■ THE BRAILLE MONITOR
NFB PRE-AUTHORIZED CHECK PLAN. This is a way for you to contribute a set amount to the NFB each month. The amount you pledge will be drawn
from your account automatically. On the other side of this card, fill in the amount you want to give each month and the day of the month you want it
to be drawn from your account. Sign the card in two places, where the X's are. The rest will be filled in by the NFB Treasurer. Enclose a voided check
with the card, and mail it to Richard Edlund, Treasurer, National Federation of the Blind, Box 11 185, Kansas City, Kansas 66111. Your bank will send
you receipts for your contributions with your regular bank statements. You can increase (or decrease) your monthly payments by filling out a new PAC
Plan card and mailing it to the Treasurer. Also, more PAC Plan cards are available from the Treasurer.
INDEMNIFICATION AGREEMENT
To the bank named on the reverse side:
In consideration of your compliance with the request and authorization of the depositor named on the reverse
side, the NATIONAL FEDERATION OF THE BLIND will refund to you any amount erroneously paid by you to
the National Federation of the Blind on any such check if claim for the amount of such erroneous payment is made
by you within twelve months from the date of the check on which such erroneous payment was made.
Authorized in a resolution adopted by the Board Members
of the National Federation of the Blind on November 28, 1974. THE NATIONAL FEDERATION
OF THE BLIND
BY:
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