Disabilities Guidebook: State of Illinois Disabled Person Identification Card

Disabilities Guidebook: State of Illinois Disabled Person Identification Card

Last updated: November 2002

(Chapter 2 Section 5 from Guidebook of Laws and Programs for People with Disabilities)

 

 

Illinois Identification Card Act

What Is It? The Illinois Secretary of State issues a special state ID card to persons with certain disabilities. The Act covers various aspects of the law concerning this card, including application, eligibility, fees, and use of the card.

What Is Its Purpose? To create a card that can be used as proof of disability whenever such proof is necessary to access certain services, programs, or activities. The card also serves as identification for people who do not have a driver's license.

Who Can Be Helped by This Law? All persons with certain physical, developmental, visual, hearing or mental disabilities who reside in the state of Illinois and who meet the criteria of the Act.

I. Your Legal Rights

The State ID Card: Why You Want It and How to Get It

The Purpose of the State ID Card
If you have a certain kind of disability, you may qualify for a "Disabled Person Identification Card." This is an identification card issued by the State, bearing your photograph.

The card may be used for identification purposes, in the same manner as a drivers license card. In addition, the card may be used as proof of disability when such proof is required under any State law. If you have this card, you do not need to present further medical documentation. If you desire, the card may contain medical information that could be helpful in emergency care.
Examples: You may present your Disabled Person ID card when applying for a special license plate or parking decal for people with disabilities, when obtaining an absentee voting ballot, or to obtain reduced camp site fees at state parks.

Who Qualifies for the Card?
You qualify for the card only if you meet the definition of "disabled person" under the Act.

The term "disabled person" means any person who is, and who is expected to indefinitely continue to be, subject to any of the following five types of disabilities.

The five types of disabilities are:
Physical Disability. A physical loss, impairment, or disease, of a permanent nature, which substantially impairs normal physical ability or motor skills.
Developmental Disability. A disability which starts before the age of 18, and results in an impairment similar to that caused by mental retardation. It requires services similar to those required by mentally retarded persons. The impairment must be attributable to mental retardation, cerebral palsy, epilepsy, autism, or other similar disorders.

Visual Disability. A disability resulting in complete absence of vision, or vision that so defective that even with glasses, it prevents performance of tasks or activities for which eyesight is essential.

Hearing Disability. A disability that results in complete absence of hearing, or that, even with a hearing aid, results in hearing so impaired that you need other kinds of sensory input as the principal means of receiving spoken language.

Mental Disability. An emotional or psychological impairment or disease, which substantially impairs the ability to meet individual or societal needs.

How To Obtain a Disabled Person Identification Card
You can obtain the card from the Illinois Secretary of State. There is no fee for the card. You will be required to submit an application on the form supplied by the Secretary of State. The completed form will require certification from your physician as to the nature and severity of your impairments. Your doctor must state the classification of your disability. Once issued, the card must be renewed every 5 years (or every 10 years if you are over age 65).

Rejection, Revocation or Denial of an Identification Card
Your application for an identification card may be denied if the Secretary of State believes that the information you supplied is false or incomplete. If you already hold a card, it may be revoked if the Secretary of State believes that:

  • You supplied false information;
  • You are no longer disabled;
  • You have used the card for a fraudulent purpose; or
  • You have allowed someone else to use your card.

 

 

Grouping Your Disability

Classification of Disability

The card will state the degree of your disability within these classifications:

Class 1: A disability which:

  • Does not prevent you from engaging in some substantial gainful activity; or
  • Does not impair your ability to live independently or to work.

Class 1A: Just like a Class 1 disability, but in addition, your disability prevents you from being able to walk 200 hundred feet or more without:

  • The assistance of another person;
  • The use of a walker, wheelchair or other device; or
  • Discomfort or difficulty.

A Class 1A disability must be due to any of the following impairments: neurologic, orthopedic, respiratory, cardiac, arthritic, or loss of function or absence of a limb.

Class 2: A disability which:

  • Prevents you from being able to engage in substantial gainful activity;
  • Substantially impairs your ability to live independently without supervision or in-home support services; or
  • Significantly impairs your ability to perform labor or services.

Class 2A: Just like a Class 2 disability, but in addition, your disability prevents you from being able to walk 200 hundred feet or more without:

  • The assistance of another person;
  • The use of a walker, wheelchair or other device; or
  • Discomfort or difficulty.

A Class 2A disability must be due to any of the following impairments: neurologic, orthopedic, respiratory, cardiac, arthritic, blindness, or loss of function or absence of a limb.

Once you obtain a card, you are required to notify the Secretary of State in writing of any change in your address or of any change in the type or class of disability.

Handicapped Identification Card
If you have a disability, but do not qualify for an Illinois Disabled Person Identification Card, you may apply to receive instead a "Handicapped Identification Card." The application is made on the same form used to obtain a Disabled Person ID Card, except that no certification from your physician is required.

Instead, you must sign an affidavit stating that you have one of the following conditions:

  • You are unable to walk 200 feet without stopping to rest, or you are unable to walk without the use of an assistive device;
  • You have severe lung disease, or you use portable oxygen;
  • You have serious heart disease;
  • You are severely limited in your ability to walk due to an arthritic, neurological or orthopedic condition; or
  • Your condition is otherwise so severe that it prevents you from obtaining a drivers license.

s: If you state you are so disabled as to be unable to obtain a drivers license and you hold a valid license at the time, the Secretary of State will cancel or restrict your license if you are unable to drive.

 

II. How to Protect or Enforce Your Rights

Where To Apply for the ID Card
You should contact the Secretary of State's Office at (800) 252-2904 (voice/TTY), or consult your phone book for the location of your Secretary of State Drivers License facility, or look online regarding Secretary of State locations.

Appeal of the Denial or Revocation of an Identification Card
In the event that your identification card is denied or revoked, you have the right to file an appeal and have a hearing. The hearing officer is appointed by the Secretary of State. You are entitled to be represented by an attorney and you will be allowed to present witnesses and other evidence. You may review all of the evidence relied on by the Secretary of State. Following the hearing, the agency will issue a written decision.

If you disagree with the decision made at the hearing, you may file a complaint in the Illinois Circuit Court of the county where you live. This complaint must be filed no later than 35 days after the date that the hearing decision was issued. A state judge will then review the decision.

III. Where to Go for More Information

Statutes and Regulations
The Illinois Identification Card Act provisions regarding the issuance of the Disabled Person Identification Card can be found at 15 ILCS 335.

The definition of disability for purpose of the Handicapped Identification Card is at 625 ILCS 5/1-159.1.

The state regulations governing issuance of identification cards can be found at 92 Ill.Admin.Code 1030.91.

The state regulations governing administrative hearings can be found at 92 Ill.Admin.Code 1001.

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