Military Families in the Exceptional Family Member Program: Attorney Understandings of Experiences and Policy

Background/Purpose

Policies and regulations relevant to individuals experiencing disabilities or families connected to the military do not consistently interface to support the well-being of families in both cultures. Families dealing with both military life and disabilities experienced by their non-serving members often experience disruption to needed disability-related services when military-related circumstances occur.

In 2021, over 1,300,000 active-duty military members and over 1,550,000 people were recognized by the Department of Defense as family members of active-duty members. Nearly 10% of those 1,500,000 family members are enrolled within the Exceptional Family Member Program, a program designed to address the special health care needs of military families with dependents experiencing disabilities (MFDED). Disabilities occur throughout the population, and while military members generally develop acquired disabilities, their families may have a disability from any etiology.

The issues faced by MFDED are not well understood by actors intervening on their behalf. Social workers recognize that policies can influence multiple aspects of a family’s life—including where families live, what services are available, what protections and rights they may exercise, and what agencies can do to intervene. Policies are often interpreted in the courts where attorneys serve as agents-of-the-court. This presentation details a study exploring how Attorneys who practice around military or disability issues understand the lives, experiences, and applicable policies, regulations, and laws of MFDED. Additionally, the presentation will describe strategies employed to enhance the accessibility of reported findings.

Methods

Emails were sent to recruit through gatekeeper agencies and directly to attorneys with publicly available information. Attorneys self-selected for participation and were offered the opportunity to nominate other attorneys who would be appropriate for inclusion. Attorneys (n=22) participated in hour long video-conference semi-structured cognitive interviews. Interviews discussed experiences with military- and disability-related populations, understandings of how military and disability issues intersect, and interpretation of how relevant laws and policies interact. Participation was incentivized by offering an informational webinar to attorneys in their area regarding the population at the study’s conclusion. Responses were transcribed and analyzed for content and process-based themes.

Results

Thematic findings include difficulties experienced with military relocation, issues in legal representation, difficulties accessing services, military and disability culture inconsistencies, concerns regarding discretionary implementation of policies, and state-to-state differences.

To ensure findings reached those who would be most able to assist, the design incorporated information dissemination beyond typical social work academic outlets. Findings were shared directly with advocacy organizations focused on MFDED. Presentations at conferences attended by military family populations and service providers were also pursued. Incentivizing recruitment of attorneys through informational webinars for legal professionals in their area increased interest in participation, even from those who were not interviewed.

Conclusions/Implications

Findings indicate multiple opportunities for reform exist within current policy, law, and programs. Possible reforms include expediting service availability to military families, formalizing connections between military and disability communities, and ensuring military family concerns are included in priorities of agencies serving populations with disabilities. Disseminating information to agencies outside academic circles will strengthen advocacy efforts and enhance visibility of this intersectional population.