This article is a Legal Aid of West Virginia perspective through the eyes of disability and behavioral health advocates and aims to remove the stigma from disabled persons who wish to work.
Accommodating Employees with Mental Health Impairments
Simple workplace accommodations and understanding can help break the stigma of those who suffer from mental health disorders, benefiting both the employee and the employer. Individuals with anxiety, depression, learning difficulties, ADHD, and other mental health diagnoses can be successful employees, if provided appropriate workplace accommodations.
Accommodations do not have to be complex and can include:
Limited interactions with the public
Additional leave for therapy and medical appointments
Flexible scheduling, including reduced hours (as necessary)
Additional breaks
Private or remote workspace options
Additional training and/or time for orientation or learning new job duties
Restructuring or modification of large assignments into smaller, achievable tasks
Allowance of food and beverages at workstation
Established quiet workstation or allowance of music to block out distractions in work environment
Implementation of peer support and/or additional supervision
Establishing a Successful and Inclusive Working Environment for Employees with Mental Health Impairments
How can employers establish a welcoming workplace for successful employment of individuals who suffer from mental health disorders?
Obtain/provide training to business owners, management, and staff on mental health impairments and employing and/or working with individuals who suffer from those mental health impairments
Develop a written work agreement between the business and the individual that outlines workplace accommodations being offered to the employee, including schedule modifications, absenteeism policies, break schedules, etc.
Obtain copies of appointment schedules and develop excused absenteeism policy for medical and therapy appointments
Develop a support system for the employee with routine check-ins with supervisors and peer support staff
Establish protocol for issues that arise from exacerbated mental health symptoms.
Talking with Someone about Their Mental Health as It Relates to Employability
Choose a quiet, comfortable, and private space for a discussion with the employee
Ask questions in a non-judgmental manner
Do not presume or assume that you know the symptoms of any illness
Listen actively and supportively
Be honest
Develop a plan to address any issues the person may be experiencing with co-workers and/or with work duties
In the event the conversation becomes elevated, out of control, or unproductive, try redirecting through empathetic communication, i.e. “Let me see if I understand you.”
Often effective communication with an employee who suffers from a mental health impairment requires the employee to voice concerns in a specific way. For example, utilizing an “I feel” statement can be helpful:
I feel: Concerned; frustrated;
When you are: Frequently absent or tardy; speak loudly
Because: It’s unproductive, and
I want/need: Promptness; communication a plan for success
More About Adult Advocacy Services
Adult advocacy services through Legal Aid of West Virginia’s Behavioral Health Advocacy program provides support and services to adults with behavioral and mental health disorders who are living in the community, as well as to the residents of Mildred Mitchell-Bateman and William R. Sharpe Jr. hospitals.
The work of both our community and facility adult advocates includes:
Education and training for consumers, West Virginia’s psychiatric hospital staff, and other behavioral health professionals.
Investigation of patient abuse and neglect allegations and grievances by individuals in the State’s two mental and behavioral health inpatient facilities.
Referral and community linkage for individuals and their families facing challenges from mental or behavioral health or substance abuse.
Establishment of community support for those with mental and behavioral disorders, such as housing and benefits.
This information is shared from WV DHHR’s website and resources.
The West Virginia Department of Health and Human Resources (DHHR) has a new program this year called the Low-Income Household Water Assistance Program (LIHWAP). This federally funded program assists eligible state residents in paying water or wastewater bills.
Eligibility for LIHWAP benefits is based on income, household size and whether the household is responsible for paying water or wastewater bills. To qualify, the household must meet all program guidelines, which includes an applicant’s annual income being at or below 60 percent of the State Median Income. Face-to-face interviews in a local DHHR office are also required.
If a utility vendor provides multiple services, an itemized bill will be required. LIHWAP can only be used for water and sewer payments.
The maximum allowable gross income levels for LIHWAP Fiscal Year 2022 are listed in the chart below.
Household Size Gross Monthly Income Limit
1 $2,005
2 $2,621
3 $3,238
4 $3,855
5 $4,472
6 $5,088
7 $5,204
8 $5,583
9 $6,150
10 $6,718
11 $7,285
12 $7,853
For each additional person, add $567.
*Social Security and Veterans income will be excluded for the current LIHWAP application period.
Households whose income exceeds the maximum amount are not eligible; however, some types of income may be excluded for LIHWAP. The program is limited to the amount of federal funding allocated to West Virginia under the LIHWAP Block Grant.
Those interested in applying for LIHWAP may contact their local DHHR office with questions or to request an interview to determine eligibility. A list of local offices may be found at http://www.dhhr.wv.gov/bcf/Documents/DHHR.BCF.LocalOffices.pdf or by calling 304-352-4431.
This is a new program similar to the LIEAP assistance program that assists with heating costs, but this is to assist specifically with water bills.
The LIHWAP program is divided into three priorities:
Disconnected Service (Priority Group 1)
Households with service that has been disconnected. The outcome is to restore service through paying the past-due bill amount and all required fees through a LIHWAP payment and collaboration with other resources if necessary. The LIHWAP payment cannot create a credit balance on the account.
Pending Disconnection (Priority Group 2)
Households that have not yet been disconnected however have a past due bill or disconnect notice. The goal of the LIHWAP Program is to avoid disconnection. The LIHWAP payment cannot create a credit balance on the account.
Current Bill Assistance (Priority Group 3)
Households seeking assistance that have current bills with no past due balance. The goal of this payment is to help families that are trying to keep their bill current and need some help. The LIHWAP payment cannot create a credit balance on the account.
In-depth information on the program can be found in the BFA Income Maintenance Manual section 21.8 starting on page 1716.
For residents of long-term care facilities, a simple visit from a family member can really brighten their mood and lift their spirits, helping to stave off depression. Chronic understaffing and large resident-to-staff care ratios can lead to a lack of one-on-one time and feelings of loneliness for residents of long-term care facilities. There are a multitude of ways to make your visits more meaningful and fulfilling for your loved one, including reminiscing.
Reminiscence therapy is a “non-pharmacological intervention that improves self-esteem and provides older persons with a sense of fulfillment and comfort as they look back on their lives” (Klever, 2013). In psychosocial development theories, reminiscence is a normal process that occurs later in life that allows people to review their past while coming to terms with both their past and present. Reminiscence can also aid in the sharing of stories, wisdom, and traditions with younger generations.
As you reminisce with your loved one, remember these tips:
Bring family photos, scrapbooks, music, possessions, or letters that will awaken memories of your loved one’s life and take time to explore these items and the memories they incite with your loved one.
Asking questions may not always work for loved ones who have memory impairment. Consider sharing a memory of your own to facilitate a conversation of their own memories.
Allow your loved one to talk freely. It may be tempting at times to try to steer the conversation to a particular event or memory you would like to talk about yourself. While it is important to also participate in reminiscing, the focus should be on your loved one and the memories they wish to reminisce about.
Engage other senses. Reminiscing is more than just talking about memories and sensory stimulation through sound, movement, touch, and taste can help awaken memories.
Be patient. Reminiscing can be a lengthy process and it is not uncommon for one memory to come up repetitively, especially in the case of older adults with memory impairment. If there is a repetitive memory, it is important to listen genuinely and continue engaging with your loved one so they feel heard.
Make reminiscing a family affair. Include other family members such as siblings, children, grandchildren, and spouses of you and your loved one in reminiscing. This will help bring more value to reminiscing for all involved and help to build more memories with your loved ones.
Reminiscing can sometimes bring up unpleasant memories. Don’t be afraid to talk about difficult or painful memories—these are just as important to talk about if they come up but ensure you respond sensitively. Although, if you feel your loved one is growing increasingly distressed, reach out to a facility staff member or mental health professional to ensure they receive appropriate follow-up care.
Legal Aid of West Virginia has started a mediation program to help families affected by drug use. One of our goals is to help people in recovery reconnect with their children. Another goal is to help lower the burden on relatives caring for children while their parent is recovering.
*It is possible this information is no longer relevant.*
As of Wednesday, January 19, 2022, the federal government is providing four free at-home COVID-19 tests per household. These can be ordered through an online form at https://www.covidtests.gov/. If you do not have internet access or experience a problem with the online application, you can call 1-800-232-0233.
There is a TTY option for text telephone device users to order the tests at 1-888-720-7489.
Tests are free and will be delivered by the United States Postal Service.
OTHER TEST OPTIONS (Heading)
Many insurance providers are covering the cost of at-home testing due to a federal rule for private insurance. If you purchase in-home COVID tests, you may be eligible for reimbursement or to have the tests paid upon purchase. Contact your private insurance provider to find out their policy on covering the cost of these tests.
If you have Medicaid, your at-home tests are also covered. You can reach out to your Medicaid provider to find out more about how to get your testing costs covered when you purchase.
In West Virginia, free in-person COVID-19 testing is still available for the public and conducted at sites around the state daily. You can see the closest testing site to your location, as well as the full schedule at https://dhhr.wv.gov/covid-19/pages/testing.aspx.
*It is possible this information is no longer relevant.*
The Mountaineers Rental Assistance Program (“MRAP” for short) provides help for West Virginians who are not only behind on their rent due to the impact of COVID, but also to those who must find a new place to rent. If you are relocating to a new residence and do not have a current lease (for example, you are being or have been evicted from your apartment), and are otherwise eligible, the MRAP program can provide funds for security deposit, first three months of rent, utility rental application fees, utility deposit/connection fees, recovery housing program fees, and even eviction related court costs.
But you cannot get MRAP benefits until there is proof of a valid lease so that MRAP can verify what the future rent, security deposit, etc. will be. So, how can you get a new lease without paying a security deposit and first month’s rent if you need MRAP benefits to pay these expenses? If you pay these expenses on your own, for example by borrowing money, MRAP will not reimburse these expenses.
MRAP will then work to determine your eligibility for MRAP benefits and your future landlord’s agreement to rent to you according to the terms listed on the FUTURE LEASE CERTIFICATION FORM. If MRAP approves payment of the new lease expenses, it will try to coordinate you signing your new lease and the payment to your landlord at about the same time.
Also, remember that if you are being evicted and have a pet that provides you emotional support or other help that eases a significant medical or mental condition, even if the new landlord who you want to rent from does not normally allow pets, you may be able to get an exception to that rule and get the landlord’s permission to allow your pet to live with you. The best way to do this is to ask your regular doctor whether you have a significant medical or mental condition that negatively effects how you function on a daily basis but that is eased by your pet. If your doctor says yes, ask the doctor to write a note saying so- and make sure your doctor explains how your specific pet eases your mental or physical condition. Then, ask your landlord to revise the lease to reflect that your pet can live in your rental unit as a “reasonable accommodation for your disability.” You landlord can say no if there is something about your pet that will present a danger to other residents or that makes allowing your pet to live with you unreasonable for some other reason. But your landlord must have good reasons to reach this conclusion. Your landlord can also require you to be responsible for any nuisance or damage that your pet does while living in the unit. Additional information about whether landlords must permit pets to live in rental housing is available here: https://legalaidwv.org/legal-information/assistance-animals-in-rental-housing/.
Eligible WV residents who need help paying home heating bills during the winter can apply for LIEAP now. Applications for the Low-Income Energy Assistance Program (LIEAP) will be accepted beginning Wednesday, December 1, 2021, and ending at the close of business on Monday, January 31, 2022, or until funds are exhausted.
Eligibility for LIEAP benefits is based on income, household size and whether the household is responsible for paying its heating bill. To qualify, households must meet all program guidelines, which includes an applicant’s annual income being at or below 60 percent of the state median income. In situations where a heating emergency exists, applicants must contact a DHHR worker for case evaluation.
Applications are available online at www.wvpath.org and may also be obtained at local DHHR offices, Community Action Agencies, or senior centers operated by an Area Agency on Aging.
Completed applications should be delivered or mailed to the DHHR office located in the applicant’s county of residence. A list of local offices may be found at https://dhhr.wv.gov/bcf/Pages/MapList.aspx or by calling 304-352-4431. Mailing the application to any other office or to a utility company may delay the receipt by DHHR and prohibit processing the application.
The maximum allowable gross income levels for LIEAP Fiscal Year 2022 can be found below. *For each additional person, add $567. Households whose income exceeds the maximum amount are not eligible; however, some types of income may be excluded for LIEAP.
*Social Security and Veterans income will be excluded for the current LIEAP application period.
If you are denied LIEAP, you may be able to appeal. For help from Legal Aid with your appeal, please apply for help from us by phone at 866-255-4370, or online.
The maximum allowable gross income levels for LIEAP Fiscal Year 2022 are listed below:
Health Care for All WV (HCFAWV) created a resource to help WV residents with Medicaid access the new dental benefits. According to The National Institute for Health Care Management, dental care is a crucial part of physical health. Untreated gum disease can lead to heart disease, diabetes, and strokes. Many Americans lack access to affordable dental care and thus these issues go untreated. Learn more at https://nihcm.org/publications/oral-health-health-equity
Part of the solution that HCFAWV has helped with setting in motion, is the passing of an expansion of Medicaid to cover $1000 a year in preventative dental care. They are hoping to expand the amount covered to keep our fellow West Virginians healthy and smiling.
Unfortunately, there previously hasn’t been an easily accessible source of information about which dental offices in West Virginia are accepting new patients, and many book several months in advance. Health Care for All WV just finished a comprehensive list of every dentist in WV who is accepting this extended plan. It also includes the offices that only accept Medicaid for children to free up spaces for adults at the offices that accept the adult plan.
Please Note: As of 2022, we no longer have Community Navigator Services.
Legal Aid of West Virginia can assist you in your housing matter. It is estimated that there are as many as 14,000 evictions pending in the State of West Virginia. Many of these cases may be people who fell behind when they lost their employment due to the COVID pandemic. If you lost income because of the COVID pandemic, you may be eligible for rental assistance from the Mountaineer Rental Assistance Program (MRAP). If you are concerned about paying future rent, behind on your rent or utilities, or facing eviction, please contact the MRAP at https://www.wvhdf.com/programs/mountaineer-rental-assistance-program
If you are eligible, you can receive payment for past due rent and utilities and you may even be eligible for three months of future rent. You must still be in the rental unit to receive past due rent, so if you are behind on your rent, you should apply now! A court eviction does not need to be pending to apply. You may also be eligible for MRAP if you are current on rent, but behind on other bills, and at risk of falling behind on rent. If you have already moved, you may be able to get assistance with three months advanced rent for a new place and help addressing past due utilities.
If you need assistance in applying for the MRAP program, you may contact our community navigator:
Did you know that 39% of adults in West Virginia have some type of disability and are more likely to be inactive, obese, have high blood pressure and smoke? The West Virginia University Center for Excellence in Disabilities (WVCED) is leading efforts to provide better services to West Virginians with disabilities through training, research and services. Established in 1978, the Center for Excellence in Disabilities (CED) is located in Morgantown, WV, and has a satellite office in Big Chimney, WV, with staff located in offices across the state to better serve clients in their communities.
The WVCED offers many services and supports for families, including a disability resource library, mentoring program, Positive Behavior Support (PBS), Traumatic Brain Injury (TBI) supports, assistive technology, and specialized family care along with several other clinically based services. In addition, the WVCED provides health and wellness tips to prevent future illness or reverse any health risks one may already have. There’s also a “Resources” page on their website for information on a number of topics, including COVID-19 for people with disabilities, assistive technology, blindness/vision impaired, deafness/hard of hearing, medical and insurance services, mental health , TBI, and WV Medicaid waiver programs among many others.
For more information about the WVCED and the programs, services, research projects, and resources they offer, please visit their website at www.cedwvu.org.